April 17, 2015 

 Exemption No. 11376 

 Regulatory Docket No. FAA–2015–0072 

Mr. Curtis Youngblood 

Texas UAV Professionals 

11253 East OSR 

Hearne, TX 77859 

Dear Mr. Youngblood: 

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

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

including the date it ends. 

The Basis for Our Decision 

By letter dated January 12, 2015, you petitioned the Federal Aviation Administration (FAA) 

on behalf of Texas UAV Professionals (hereinafter petitioner or operator) for an exemption. 

The exemption would allow the petitioner to operate an unmanned aircraft system (UAS) to 

conduct inspections for utility and construction industries. 

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

the regulations that the petitioner seeks an exemption. 

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

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

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

Airworthiness Certification 

The UAS proposed by the petitioner is a TUP X8-800. 
2 

The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

and parts, Subpart H—Airworthiness Certificates. In accordance with the statutory criteria 

provided in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in 

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

aircraft and its operation, the Secretary of Transportation has determined that this aircraft 

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 

14 CFR part 21, Certification procedures for products and parts, Subpart H—Airworthiness 

Certificates, and any associated noise certification and testing requirements of part 36, is 

not necessary. 

The Basis for Our Decision 

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

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

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

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

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

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

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

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

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

by this exemption is in the public interest. 

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

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

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

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

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest. 

Our Decision 

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

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

delegated to me by the Administrator, Texas UAV Professionals is granted an exemption 

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

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

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

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

In this grant of exemption, Texas UAV Professionals is hereafter referred to as the operator. 

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption. 

1. Operations authorized by this grant of exemption are limited to the TUP X8-800 when 

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

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

2. Operations for the purpose of closed-set motion picture and television filming are not 

permitted. 

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

exemption holder may use either groundspeed or calibrated airspeed to determine 

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

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer. 

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

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

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

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

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

U.S. driver’s license. 

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

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

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

capability. The VO and PIC must be able to communicate verbally at all times; 

electronic messaging or texting is not permitted during flight operations. The PIC must 

be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO. 

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

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

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

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

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

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

the conditions and limitations herein take precedence and must be followed. 
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Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 

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

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

operator must petition for an amendment to its grant of exemption. The FAA’s UAS 

Integration Office (AFS-80) may be contacted if questions arise regarding updates or 

revisions to the operating documents. 

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

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

a functional test flight prior to conducting further operations under this exemption. 

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

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

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

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

in a condition for safe operation. 

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

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

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

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 

prohibited from operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight. 

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

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

components. 

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

bulletins. 

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

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

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

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

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

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

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

ability to safely operate the UAS in a manner consistent with how the UAS will be 
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operated under this exemption, including evasive and emergency maneuvers and 

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

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

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

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

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119. 

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

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

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

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

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

denoted with an ARP, the center of the airport symbol as denoted on the current FAApublished aeronautical chart, unless a letter of agreement with that airport’s 

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

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

to the Administrator or any law enforcement official upon request. 

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

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

18. If the UAS loses communications or loses its GPS signal, the UA must return to a predetermined location within the private or controlled-access property. 

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

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

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

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

power recommended by the manufacturer if greater. 

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

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

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

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

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

number, registered in accordance with 14 CFR part 47, and have identification (N-
6 

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

as large as practicable. 

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

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

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

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

official upon request. 

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

activities at all times. 

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

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

persons, vessels, vehicles, and structures unless: 

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

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

that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and 

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

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

the risk of operating closer to those objects and determined that it does not 

present an undue hazard. 

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

nonparticipating persons under this exemption. 

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

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted. 

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

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

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

reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov. 

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

television filming and production, the following additional conditions and limitations apply. 
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29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption. 

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

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

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

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

must include at least the following: 

a. Dates and times for all flights; 

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

under this grant of exemption; 

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

the UAS; 

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

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

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

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

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

g. Signature of exemption holder or representative; and 

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

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

essential to accomplish the operation. 

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

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

exemption holder’s MPTOM. 

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

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

parts 45, 47, 61, and 91. 

This exemption terminates on April 30, 2017, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

John S. Duncan 

Director, Flight Standards Service
1

Jan 12,2015

U. S. Department of

Transportation Docket

Management System

1200 New Jersey Ave., 

SE Washington, DC

20590

Re: Exemption Request Section 333 of the FAA Reform Act and Part

11 of the Federal Aviation Regulations from 14 C.F.R.

45.23(b);14 CFR Part 21;14 CFR 61.113 (a) & (b); 91.7 (a);91.9

(b) (2);91.103(b); 91.109;91.119; 91.121;

91.151(a);91.203(a) & (b);91.405 (a); 91.407(a) (1); 91.409 (a)

(2);91.417 (a) & (b).

Dear Sir or Madam:

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

(the Reform Act) and 14 C.F.R. Part 11, Texas UAV Professionals, developer and 

operator of Small Unmanned Aircraft Systems (“sUASs”) equipped to conduct 

inspections for the utility and construction industries, hereby applies for an 

exemption from the listed Federal Aviation Regulations (“FARs”) to allow

commercial operation of its sUASs, so long as such operations are conducted 

within and under the conditions outlined herein or as may be established by the

FAA as required by Section 333.

1

The name and address of the applicant is:

Texas UAV Professionals

Attn: Curtis Youngblood

PH: 979-828-4269

Email: cy@curtisyoungblood.com

Address: 11253 E OSR Hearne, TX 77859

The applicant requests relief from the following regulations:

Part 21, Certification Procedures for Products and Parts, prescribes, in pertinent 

part, the procedural requirements for issuing and changing design approvals, 

production approvals, airworthiness certificates, and airworthiness approvals.

Section 45.23(b) prescribes, in pertinent part, that when marks include only the

Roman capital letter “N” and the registration number is displayed on limited, 

restricted, or light-sport category aircraft or experimental or provisionally certificated

aircraft, the operator must also display on that aircraft near each entrance to the

cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 

inches high, the words “limited,” “restricted,” “light-sport,” “experimental,” or

“provisional,” as applicable.
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Section 61.113(a) and (b) prescribe that -

(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.

Section 91.7(a) prescribes that no person may operate a civil aircraft unless it is in an 

airworthy condition.

Section 91.9(b)(2) prescribes, in pertinent part, that no person may operate

U.S.-registered civil aircraft unless there is available in the aircraft a current approved 

Airplane or Rotorcraft Flight Manual, approved manual material, markings, and 

placards, or any combination thereof.

Section 91.103 prescribes that each PIC shall, before beginning a flight, become 

familiar with all available information concerning that flight. This information must 

include -

(b) For any flight, runway lengths at airports of intended use, and the following 

takeoff and landing distance information:

(1) For civil aircraft for which an approved Airplane or Rotorcraft

Flight Manual containing takeoff and landing distance data is required, the 

takeoff and landing distance data contained therein; and

(2) For civil aircraft other than those specified in paragraph (b)(1) of this 

section, other reliable information appropriate to the aircraft, relating to 

aircraft performance under expected values of airport elevation and 

runway slope, aircraft gross weight, and wind and temperature.

Section 91.109 prescribes, in pertinent part, that no person may operate a civil 

aircraft (except a manned free balloon) that is being used for flight instruction 

unless that aircraft has fully functioning dual controls.

Section 91.119 prescribes that, except when necessary for takeoff or landing, no 

person may operate an aircraft below the following altitudes:

(a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing 

without undue hazard to persons or property on the surface.

(b) Over congested areas. Over any congested area of a city, town, or settlement, 

or over any open-air assembly of persons, an altitude of 1,000 feet above the 

highest obstacle within a horizontal radius of 2,000 feet of the aircraft.

(c) Over other than congested areas. An altitude of 500 feet above the

surface, except over open water or sparsely populated areas. In those

cases, the aircraft may not be operated closer than 500 feet to any

person, vessel, vehicle, or structure.

(d) Helicopters, powered parachutes, and weight-shift-control aircraft. If the 

operation is conducted without hazard to persons or property on the surface -
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(1) A helicopter may be operated at less than the minimums prescribed in 

paragraph (b) or paragraph (c) of this section, provided each person 

operating the helicopter complies with any routes or altitudes specifically 

prescribed for helicopters by the FAA; and

(2) A powered parachute or weight-shift-control aircraft may be operated

at less than the minimums prescribed in paragraph (c) of this section.

Section 91.121 prescribes, in pertinent part, each person operating an aircraft to 

maintain cruising altitude by reference to an altimeter that is set “to the elevation of 

the departure airport or an appropriate altimeter setting available before departure.”

Section 91.151(a) prescribes that no person may begin a flight in an airplane under 

visual flight rules (VFR) conditions unless (considering wind and forecast weather 

conditions) there is enough fuel to fly to the first point of intended landing and, 

assuming normal cruising speed -

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

(2) At night, to fly after that for at least 45 minutes.

Section 91.203(a) prescribes, in pertinent part, that no person may operate a civil 

aircraft unless it has within it -

(1) An appropriate and current airworthiness certificate; and

(2) An effective U.S. registration certificate issued to its owner or, for operation 

within the United States, the second copy of the Aircraft Registration 

Application as provided for in § 47.31(c).

Section 91.203(b) prescribes, in pertinent part, that no person may operate a

civil aircraft unless the airworthiness certificate or a special flight authorization 

issued under § 91.715 is displayed at the cabin or cockpit entrance so that it is 

legible to passengers or crew.

Section 91.405(a) prescribes, in pertinent part, that each owner of an aircraft operator 

or owner 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, Maintenance, 

Preventive Maintenance, Rebuilding, and Alteration.

Section 91.407(a)(1) prescribes that no person may operate any aircraft that has 

undergone maintenance, preventive maintenance, rebuilding, or alteration unless it 

has been approved for return to service by a person authorized under § 43.7 of this 

chapter.

Section 91.409(a)(2) prescribes, in pertinent part, that no person may operate an 

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

for the issuance of an airworthiness certificate in accordance with part 21.

Section 91.417(a) and (b) prescribe, in pertinent part, that -

(a) 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 -
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(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.

(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 that 

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) 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 shall be retained until the defects are repaired and the aircraft is 

approved for return to service.

Texas UAV Professionals (TUP) supports its request with the following

information:

The TUP’s information is organized into four sections: (1) the Unmanned Aircraft System 

(UAS), (2) the UAS pilot in command (PIC), (3) the UAS Operating Parameters, and (4) the

Public Interest.

The petitioner provides a supplemental proprietary Texas UAV Professionals (TUP) UAS 

Flight Manual (the Manual) in support of its exemption request.
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Unmanned Aircraft System (UAS)

TUP’s UAS are multirotor aircraft with final assembly by Texas UAV Professionals, LLC, a

Texas-based company. TUP’s UAS are under 55lbs and fly under 65 knots. All operations 

will be below 400 feet AGL. The UAS will only be flown within 1 mile and Visual Line of Sight

(VLOS) of the PIC. All transmissions will be on FCC approved frequencies such as 2.4ghz, 

5.8ghz, etc. TUP UAS will only be flown over property that TUP has been given explicit 

permission to have safe access to.

The UAS carry no explosive materials or flammable liquid fuels. They operate without any 

pilots or passengers on board. The crew is on the ground within VLOS at all times for air 

traffic avoidance. The UAS, in the event of control signal loss has the ability to return to a 

pre-determined location within a safe landing area, as detailed in the Manual, and land. 

The UAS has the ability to abort a mission in case of emergency. It can land immediately or 

return to land automatically or under PIC manual control depending on the type of 

emergency. In the case of emergency incapacitation of the PIC the UAS can return and land 

safely on its own.

These operations would otherwise be performed by a full size aircraft, likely a helicopter, 

weighing at least 2000lbs carrying a pilot, crew and 100 gallons of fuel. When flown in the 

same area and in the same conditions the UAS poses a much smaller risk to the national 

airspace, property and persons in the area. Additionally the UAS has a much lower noise 

profile than full size operations. TUP requests exemption from § 45.23(b) as there is no

entrance to the cabin, cockpit, or pilot station on which the word “Experimental” can be

placed. The petitioner states that given the size of the UA, 2-inch lettering would be

impossible. The petitioner asserts that an equivalent level of safety will be provided by

having the word “Experimental” marked on the fuselage in accordance with § 45.29(f), 

enabling the pilots and others working with the UAs to see and observe the aircraft’s

“Experimental” markings.

TUP believes the maintenance requirements in §§ 91.405(a), 91.407(a)(1), 91.409(a)(2), 

91.417(a) and (b) apply only to aircraft with an airworthiness certificate and are therefore not 

applicable to our UAS operations. In place of these requirements TUP will perform regular 

maintenance based on logged data as outlined in the manual. TUPs regular maintenance 

schedule in addition to the aircrafts limited size, payload and operational constraints will 

provide an equivalent level of safety in the maintenance and operation of TUP UAS.

UAS Pilot In Command (PIC)

The UAS is remotely controlled and operates within a limited airspace. The limited weight 

and speed in addition to not carrying a pilot or passenger’s significantly reduces the level of 

risk of flight operations compared to full size operations. We propose the PIC require a 

standard Private Pilot License and Class 3 medical. We propose the additional requirement 

of a commercial pilot’s license would provide no additional safety to the flight operations of 

the UAS. In addition to the Private Pilot’s License having the pilots complete a UAS training 

service as listed in the Manual is proposed. This would give the PIC the needed familiarity 

with the aircraft they will use in flight. 
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UAS Operating Parameters

All operations will be conducted in accordance with the Manual and any local safety 

requirements. All standard flight operations will be conducted within 1 mile and visual line of 

sight of the PIC, in Class G airspace below 400 Feet AGL at least 5 miles from an airport. If 

there are any operations that might include flight within 5 miles of an airport TUP will notify 

the local Flight Standards District Office (FSDO) and airport controller (ATC). TUP will follow 

additional safety related instructions from the FSDO and Tower for operations within 5 miles 

of the airport. TUP will give a daily briefing, as noted in the Manual, with mandatory 

attendance by anyone potentially involved in the flight safety area. 

The UAS in most cases can gain access to the property for inspection without overflying 

other property or persons, unlike a full size aircraft which often must overfly unrelated 

property and persons to gain access for inspection. The lack of exposure to unrelated 

property and persons improves the safety relative to full size aircraft.

TUP UAS missions are all flown within VLOS with crew available on the ground to assist in 

keeping persons and property at safe distances throughout a mission. Being on the ground 

enables the crew to actively control the inspection area and warn other persons immediately 

if an emergency exists. Full-size operations often do not have crew on the ground to actively 

control the inspection area or warn persons in the case of an emergency.

TUP asserts the use of UAS during inspections will offer a significant safety increase to 

operators, personnel, property and the public because of the UAS ability to obtain inspection 

data using a low weight aircraft staying in Class G airspace below 400 feet AGL over a 

controlled inspection area with limited to no exposure to anything outside the specified

inspection area. Because of these factors, the petitioner asserts that UAS operations will 

result in a significant safety increase for personnel and the general public compared to the

use of current inspection methods such as helicopters, and small aircraft.

TUP requests exemption from§ 91.7(a) because our UAS do not have airworthiness 

certificates. Consequently, there is not applicable regulatory standard available to determine 

airworthiness. The equivalent level of safety will be provided through adherence to the 

maintenance and safety checklist usage standards proscribed in the Manual.

TUP asserts that given the size and configuration and unmanned nature of the UA, it is not 

possible to carry a flight manual on board the aircraft. Additionally, because of the same 

limiting factors, there is no ability to carry certification and registration documents, or display 

them on the UA. Therefore we request an exemption from§§ 91.9(b)(2) and 91.203(a) and

(b). An equivalent level of safety will be provided by storing the flight manual and applicable 

certification and registration documents at the ground control point where the UAS pilot will 

have immediate access to them.

TUP requests exemption from§ 91.103 because preflight actions for UAS vary from those 

outlined by the regulation. The Manual requires the pilot to take preflight actions prescribed

by the preflight checklists. Checklists include analysis of weather conditions, checking flight 

battery requirements and assessment of takeoff and landing distances. TUP asserts that 

these actions will provide an equivalent level of safety.
7

TUP requests exemption from the requirement to have fully functional dual controls in 

aircraft used for flight instruction, prescribed by § 91.109. UAS, by design, do not have fully 

functional dual controls and are controlled instead through the use of a control box that uses 

radio communications for aircraft control. The equivalent level of safety is provided because 

the aircraft are unmanned, can be controlled remotely, are relatively small, and operate at 

slower speeds than the aircraft envisioned by the regulation.

TUP requests exemption from § 91.119 which outlines minimum safe altitudes for aircraft.

The UAS operated by TUP operates much as a helicopter in flight with vertical takeoff and 

landing capabilities. The UAS has the ability to hover in one location and maneuver in any 

direction and speed as needed for safety without loss of control or lift. Purely vertical 

operations, straight up and straight down, are fully within the capability of these UAS even in 

windy conditions. The UAS operations will be limited to areas where TUP has been given 

prior authority to operate from land owners, local government or property managing 

authority. Inspection areas will be cleared and monitored by TUP on the ground where crew 

members can give persons immediate information and direction about the mission as it is 

occurring. The UAS can maintain all flight operations entirely inside the inspection areas 

unlike full size aircraft which require significant overfly of areas unrelated to the inspections

simply to get to and from the base of operations. Additionally, UAS operations within city 

limits will be limited to 20 knots GS. The small size, weight, speed and low altitude 

operations of UASs mean that vehicles and basic structures provide significant protection for 

persons from UASs in the case of an emergency. The lower risk to persons and immediately 

available ground crew means in most emergencies the UAS can land in the immediate area, 

unlike full size operations, removing any further risk to the national airspace. The totality of 

these factors results in a more controlled and limited exposure to the national airspace than 

is possible with full size aircraft inspections. The ability to operate below 400 feet AGL for 

inspections will ensure the separation with conventional aircraft complying with § 91.119. In 

addition to less exposure to the national airspace the requirement, as listed in the Manual, to 

stay 500 feet away from any persons in the open maintains a safe separation between the 

UAS and persons. Full size aircraft performing the same inspections will often have to 

overfly persons in congested areas. TUP believes an equivalent level of safety will be 

achieved because of the limited size, low weight, low speed, operational separation, 

operational location and totality of control of inspection area of the UAS compared to flight 

operations with larger aircraft and/or rotor craft.

TUP requests exemption from the requirements of § 91.121, our UAS may have GPS 

altitude read-outs instead of barometric altimeters. The altitude readout will be verified 

relative to the launch site altitude by the PIC prior to flight. All operations will be AGL relative 

to the ground level calibrated at takeoff. These procedures will result in an equivalent level 

of safety.

TUP requests exemption from the requirements of § 91.151(a). Our UAS are battery 

powered and are limited to approximately 35 minutes of powered flight. A 30 minute fuel 

reserve would affectively limit operations to 5 minutes of flight time, negatively impacting 

efficiency and utility. Additionally with the limited area of operation, size and speed of the UA 

the level of risk does not rise to the level that the regulation is intended to mitigate. An 

equivalent level of safety can be achieved by requiring at least 20% of battery power 

remaining (as determined by the onboard monitoring system and the PIC) when the UA 

lands at a safe landing area.
8

Public Interest

TUP believes that given the small size and low speed of the UA involved, limited airspace, 

totality of control of inspection area and removal of unrelated overfly areas, this proposed 

operation falls directly in the zone of “equivalent level of safety” in which Congress 

envisioned that the FAA must, by exemption, allow commercial operations of UAS to 

commence immediately. Also because of the size of the UA and the limited area of 

operations of the UAS, approval of the application presents no national security issue. Given 

the clear direction in Public Law112–95 § 333 the strong equivalent level of safety 

surrounding the proposed operations, and the significant public benefit, including enhanced 

safety, reduced noise, reduction in costs through more efficient inspection operations, 

granting the requested exemptions is in the public interest.