2 | Page

Contact Information

Urban Engineering

2725 Swantner Street

Corpus Christi, TX 78404

o Rhodes Urban

Office: 361-854-4187 Ext. 216

Cell: 361-549-8821

Email: chipu@urbaneng.com

o Larry Urban

Office: 361-854-4187 Ext. 213

Cell: 361-813-8148
3 | Page

Intended UAS Use

To collect imagery and record video of client properties by the use of light weight 

UAS including, but not limited to, the following areas of commerce:

o Site development - Creating high resolution orthomosaic imagery of a 

property to aid engineers, developers, designers, and architects to evaluate 

the best way to develop a property and what potential effects said 

development might have.

o Topographic Surveys - Using image-derived point clouds to gather elevation 

data on a property in order to evaluate proposed and existing drainage and 

utility plans. The UAS would allow for collecting data in areas that are 

difficult or dangerous for traditional ground crews to access, and would 

permit more efficient/safer data collection in extremely large areas.

o Site Inspections – Using multi-rotor UAS to perform safety inspections of 

sites including but not limited to, refineries, construction areas, power lines,

and pipelines. The UAS would allow for more efficient and repeatable 

inspections and allow safer access to inspect elevated structures on-site.

o Agriculture Analysis – Using various EMR band cameras to analyze 

agricultural sites for crop and soil health, in order to inform farmers about 

where on their lands to focus their attention.
4 | Page

Requested Exemptions

Requesting specific exemption from: 

Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation 

Regulations from 14 CFR Part 21; 14 CFR 45.23(b); 14 CFR 61.113(a); 14 CFR 

61.113(b); 91.7(a); 91.9(b) (2); 91.103(b); 91.109; 91.119; 91.121; 91.151(a); 

91.203(a); 91.203(b); 91.405(a); 91.407(a); 91.409(a) (2); 91.417(a); 91.417(b)

Dear Sir or Madam:

Pursuant to Section 333 of FAA Modernization Act of 2012 and 14 CFR Part 11, 

Urban Engineering, an engineering and surveying firm equipped to conduct aerial 

imagery and videography, hereby applies for an exemption from the listed Federal 

Aviation Regulations (“FARs”) to allow commercial operations of its sUAS, so 

long as said operations are conducted within and under the conditions and 

limitations outlined herein or as may be established by the FAA as required by 

Section 333.

As detailed in this document and the attached UAS Flight Manuals, the requested 

exemptions would permit the operation of UAS under controlled conditions in 

airspace that is limited, predetermined, and controlled access. The operation of the 

UAS would enhance the safety of the best practices safety protocols that are 

already followed by Urban Engineering at all of its clients’ sites. Approval of this 

exemption would thereby enhance safety and fulfill the Secretary of 

Transportation’s responsibilities to “...establish requirements for the safe operation 

of such aircraft systems in the national airspace system.” (Sec. 333 – Reform Act)

Applicant:

Urban Engineering

2725 Swantner Street, Corpus Christi, TX 78404

Rhodes Urban

Office: 361-854-4187 Ext. 216

Email: chipu@urbaneng.com
5 | Page

I. Statutory Authority For Exemptions

The Federal Aviation Act Expressly grants the FAA authority to issue exemptions. 

This statutory authority includes exempting civil aircraft, as the term is defined 

under §40101 of the Act, including UAS, from the requirement that all civil 

aircraft must have a current airworthiness certificate. The Administrator may grant 

an exemption from a requirement of a regulation prescribed under subsection (a) or 

(b) of this section or any sections 44702-44716 of this title if the Administrator 

finds the exemption in the public interest. 49 USC §44701 (f) See also 49 USC 

§44711(a); 49 USC §44704; 14 CFR §91.203(a) (1).

Section 333(b) of the Reform Act assists the Secretary in determining whether 

UAS may operate in the NAS without creating a hazard to the user, the public, or a 

threat to national security. In making this determination, the Secretary must 

consider:

- The UAS’s size, weight, speed, and operational capability;

- Whether the UAS operates within the visual line of sight of the operator

- Whether the UAS operates outside of highly populated areas and away from 

close proximity to airports

Reform Act §333(a): If the Secretary determines that a UAS “may operate safely in 

the national airspace system, the Secretary shall establish requirements for the safe 

operation of such aircraft in the national airspace system.” §333(c).

Urban Engineering uses UAS that weigh under 10 lbs. including their payloads. 

They operate under normal conditions at a speed of no more than 50 knots. The 

UAS will only be operated in the Pilot in Command’s visual line of sight and will 

operate only within the recommendations described in the UAS’s respective flight 

manual. These operations will ensure that the UAS will “not create a hazard to 

users of the national airspace system or the public.” Reform Act Section 333(b).

Given the small sizes of the UAS involved and the restricted environments within 

which they will operate, our application falls within the zone of safety in which 

Congress envisioned that the FAA must, by exemption, allow commercial 

operations of UAS to commence immediately. Given these same specifications and 

the low altitudes at which the UAS will operate, approval of our application 

presents no national security risk. Given the clear direction in Section 333 of the 

Reform Act, the authority contained in the Federal Aviation Act, as amended; the 

strong equivalent level of safety surrounding the proposed operations, and the 

significant public benefit, including enhanced safety, the grant of the requested 
6 | Page

exemptions is in the public interest. As such, Urban Engineering respectfully 

request that the FAA grant the requested exemption without delay.

II. Public Interest

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

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

Secretary of Transportation to consider whether certain unmanned aircraft systems 

may operate safely in the NAS before completion of the rulemaking required under 

Section 332 of the Reform Act. By granting an exemption the FAA will fulfill 

Congress’ intent of allowing UAS to operate with significant safety precautions in 

low risk environments. 

The use of UAS on a site significantly reduces the risk of falling and other injuries 

to workers. Falls are the leading source of workplace fatality and injury, and so use 

of UAS could save lives. 

UAS could also replace the use of manned aerial vehicles to monitor sites, leading 

to greater safety due to their light weights, small size, and lack of combustible fuel.

By using rechargeable lithium batteries, the UAS also reduces the environmental 

impact of data collection.

III. Equivalent Level of Safety

Urban Engineering proposes that the exemption requested herein apply to civil 

aircraft that have the characteristics and that operate with the limitations listed 

herein. These limitations provide for at least an equivalent or higher level of safety 

to operations under the current regulatory structure as the proposed operations 

represent a safety enhancement to the protocols followed by operations conducted 

with conventional aircraft.

Urban Engineering will be bound by the following limitations when conduction its 

UAS operations under an FAA issued exemption:

1. The UAS will be less than 10 lbs.

2. Flights will be operated within Visual Line of Sight (VLOS) of the PIC.

3. Maximum operational flight time will be 30 minutes. As the UAS calculates 

battery power during the operation, it will return to its home station and land 

with at least 20% battery power remaining should this happen prior to the 30 

minute limit.

4. Flights will be operated at an altitude of 400 ft. AGL or below - never 

exceeding 400 ft. AGL.
7 | Page

5. The crew for each operation will include a PIC, who will keep the UAS 

within VLOS at all times, and a Visual Observer (VO).

6. The UAS PIC will be trained in flight, operations, and safety procedures as 

detailed in this document and the UAS manuals.

7. The UAS will only operate within confined areas as defined in this 

document. 

8. A briefing will be conducted concerning planned UAS operations prior to 

each day’s activities. All personnel working within the boundaries of the site 

will be present for these briefings.

9. The PIC will be trained in the operation of the UAS and receive up to date 

information on the specific UAS to be operated as required by this 

document.

10.Written and/or oral permission will be obtained from any relevant property 

holders.

11.All required permissions and permits will be obtained from relevant state, 

county, or city jurisdictions, including law enforcement, fire, or other 

appropriate agency.

12.If the UAS loses communication or GPS signal, it will be capable of 

returning to a predetermined location within the Security Perimeter in order 

to land.

IV. Description of Specific Regulations

14 CFR Part 21, Subpart H: Airworthiness Certificates 14 CFR §91203(a) (1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural 

requirements for the issuance of airworthiness certificates as required by FAR 

§91.203 (a) (1). Given the size and limited operating area associated with the UAS 

to be utilized by Urban Engineering, an exemption from Part 21 Subpart H meets 

the requirements of an equivalent level of safety under Part 11 and Section 333 of 

the Reform Act. The Federal Aviation Act (49 USC 44701 (f)) and Section 333 of 

the Reform Act both authorize the FAA to exempt aircraft from the requirement 

for an airworthiness certificate, upon consideration of the size, weight, speed, 

operational capability, and proximity to airports and populated areas of the 

particular UAS. Urban Engineering’s sUAS will be operated at low speed in a 

controlled environment, at least five nautical miles from any airport. These criteria 

demonstrate that a UAS without an airworthiness certificate, operating under the 

conditions proposed will be at least as safe, or safer, than conventional aircraft 

operating with an airworthiness certificate without the conditions proposed.
8 | Page

Urban Engineering UAS are less than 10 lbs. with payload, carry no passengers or 

pilot, carry no explosive materials or flammable liquid fuels, and operate only 

within secured areas as described in this document and the UAS manuals. 

Operations under this exemption will be tightly controlled and monitored by the 

operator according to this document and the UAS manual requirements, and under 

local public safety requirements, to provide security for the area of operation as is 

currently followed on active construction sites. These safety enhancements, which 

already apply to civil aircraft operated in connection with construction sites, 

provide a greater degree of safety to the public and property owners than 

conventional operations conducted with airworthiness certificates issued under 14 

CFR Part 2 Subpart H. Finally, the application of these same criteria demonstrates 

that there is no credible threat to national security posed by the UAS, due to its size 

speed, location of operation, and lack of explosive flammable materials, and ability 

to carry an external payload no greater than two lbs.

14 CFR 45.23(b): Marking of the Aircraft

This regulation requires certain experimental, provisionally certificated aircraft, or 

light sport category aircraft to be marked with letters between two and six inches 

high “limited”, “restricted”, “light-sport”, “experimental”, or “provisional” near 

each entrance to a cabin, cockpit, or pilot station. The UAS will have no entrance 

to the cabin, cockpit, or pilot station where these letters can be placed, and two 

inch lettering will not fit due to the UAS size. The word “Experimental” will be 

placed on the fuselage in compliance with §45.29(f), providing the equivalent level 

of safety as the pilot, observer, and others working on the operation will be able to 

see the “Experimental” designation. The FAA has issued the following exemptions 

to this regulation: Exemption #s 10700, 10167, 10167A, and 8738.

14 CFR 61.113 (a) & (b): Private pilot privileges and limitations: PIC

This regulation limits private pilots to non-commercial operations. Since the UAS 

will not carry a pilot or passengers, the proposed operations can achieve the 

equivalent level of safety of current operations by requiring the pilot operating the 

UAS to complete a 10 hour UAS flight training course before flying. The UAS is 

remotely controlled with no living thing or cargo on board. The area of operation is 

controlled and restricted, and all flights are planned and coordinated prior to 

operations as described in this document. The risks associated with UAS operation 

are so diminished from the level of risk associated with commercial operations 

anticipated by Part 1 when drafted, that allowing operations of the UAS as 

requested with a pilot who has met the minimum requirements of this document 

exceeds the present level of safety achieved by 14 CFR §61.113 (a) & (b).
9 | Page

14 CFR 91.7 (a): Civil aircraft airworthiness

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

airworthy condition. Since there will be no airworthiness certificate issued for the 

UAS, providing this exemption is granted, no FAA regulatory standard will exist 

for determining airworthiness. Given the size of the UAS, the requirements of the 

UAV manuals for maintenance, and the use of safety checklists prior to each flight 

as described in this document, an equivalent level of safety will be provided.

14 CFR 91.9 (b): Civil aircraft flight manual marking, and placard 

requirements

This regulation requires that a flight manual be kept inside the aircraft. Given its 

size, the UAS has no ability to carry a flight manual on the aircraft. The equivalent 

level of safety will be maintained by keeping the flight manual at the ground 

control point where the PIC will have immediate access to it. The FAA has issued 

the following exemptions to this regulation: Exemption # 8607, 8737, 8738, 9299, 

9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.

14 CFR 91.103: Preflight Action

This regulation requires each pilot in command takes certain actions before flight 

to ensure the safety of the flight. An exemption is needed as the PIC will take 

separate preflight actions described in the Preflight Checklist in this document and 

the UAS manual, as well as checking weather conditions and takeoff and landing 

distances. These measures will provide an equivalent level of safety.

14 CFR 91.109: Flight Instruction

This regulation requires that no person may operate a civil aircraft that is being 

used for flight instruction unless that aircraft has fully functioning dual controls. 

The UAS are remotely piloted crafts that do not have fully functional dual controls.

Flight control is achieved by a control box that communicates with the UAS by 

radio communication. The size and speed of the UAS, the ability to control the unit 

by radio signals, and the lack of a pilot and passengers being carried in the UAS 

will provide the equivalent level of safety. The FAA has issued the following 

exemptions to this regulation: Exemption # 5778K and 9862A.

14 CFR 91.119: Minimum Safe Altitudes

This regulation establishes safe altitudes for civil aircraft operation. The equivalent 

level of safety will be achieved due to the size, weight, speed, and operational 

location of the UAS. All individuals affected will be aware of planned operations 

due to the permissions needed as described by this document. The UAS will be 
10 | Page

operated between 200 and 400 ft. AGL, never exceeding the 400 ft. and will be in a 

restricted area with a Security perimeter. Any risk with our UAS operations will be 

far less than aircraft weighing far more than 10 lbs. and carrying flammable fuels 

which are operating at or below 500 ft. AGL. Additionally, the low-altitude 

operations of UAS will ensure separation between the UAS and conventional 

aircraft operation under Section 91.119.

14 CFR 91.121: Altimeter Settings

This regulation requires that a pilot operating an aircraft must maintain the cruising 

altitude or flight level of that aircraft by reference to an altimeter that is set. The 

UAS are not equipped with an altimeter, but use GPS altitudes. An equivalent level 

of safety will be achieved by the pilot, following the UAS manual and Safety 

Checklist, confirming the altitude of the launch site shown on the GPS altitude 

indicator before the flight commences.

14 CFR 91.151 (a): Fuel requirements for flight in VFR conditions

This regulation establishes fuel requirements for beginning a flight in VFR 

conditions. An exemption is needed due to the UAS having limited range and 

flight time in controlled environments. The 30 minute reserve requirement in 14 

CFR 91.151 is not practical due to the roughly 40 minutes of flight time that the 

UAS battery allows for. Operating the UAS in a controlled area with less than 30 

minutes of reserve fuel, where only people with signed waivers will be allowed, 

does not present the type of risks that were anticipated by Section 91.151(a) 

considering the size and speed of the sUAS. Also, limiting flights to 10 minutes to 

keep a 30 minute fuel reserve would greatly diminish the utility of the UAS. An 

equivalent level of safety can be achieved by a maximum flight time of 30 minutes 

or enough battery reserve to ensure the UAS lands at the home station with at least 

20% batter reserve (whichever happens first). This would be more than adequate to 

return the UAS to its planned landing zone from anywhere in its limited VLOS 

operating area. The FAA has issued the following similar exemptions: Exemption 

# 2689F, 5745, 10673, and 10808.

14 CFR 91.203 (a) & (b): Carrying civil aircraft certification and registration

This regulation requires that a current airworthiness certificate and registration be 

kept inside the aircraft. Given its size, the UAS has no ability to carry a 

certification or registration in the aircraft. An equivalent level of safety will be 

achieved by keeping these documents at the ground flight control point so the PIC 

will have immediate access to them, if applicable to the UAS. The FAA has issued 

the following exemptions to this regulation: Exemption # 9565, 9665, 9789, 

9797A, 10700.
11 | Page

14 CFR 91.405(a); 91.407 (a) (1); 91.409 (a) (2); 91.417 (a) & (b): Maintenance 

and Inspections

These regulations require that an aircraft owner or operator perform maintenance 

and inspections. These sections only apply to aircraft with an airworthiness 

certificate, and as such do not apply to Urban Engineering, provided the 

airworthiness certificate exemption is granted. Maintenance and Inspections will 

be accomplished following the Safety checklist described in this document and 

according to the UAS manuals. The PIC will ensure the UAS is in working order 

prior to any flight operations. They will perform any required maintenance and 

keep a log of any maintenance performed. An equivalent level of safety will be 

achieved by following these guidelines and due to the size and weight of the UAS 

operating in restricted areas for limited periods of time. The UAS can land 

immediately if mechanical issues arise, and will be operating at a ceiling of just 

400 ft. AGL.
12 | Page

Aircraft Specifications

The equipment for which we are applying for exemption are the DJI Phantom 2, 

the senseFly eBee Ag, and the senseFly eXom.

DJI PHANTOM 2

Type: Quadcopter

Weight (w Payload): 1000g

Hover Accuracy (Ready to Fly) Vertical: ± 0.8m;Horizontal:± 2.5m

Max Yaw Angular Velocity: 200°/s

Max Ascent / Descent Speed: 6m/s

Max Flight Speed: 15m/s (Not Recommended)

Diagonal Length: 350mm

Flight Time: 25mins

Take-off Weight: 1.3kg MAX

Supported Battery: DJI Intelligent Battery

senseFly eBee Ag

Type: Fixed-Wing

Weight (w Payload): 0.71 kg (1.56 lbs.)

Wingspan: 96 cm (38 in)

Material: EPP foam, carbon structure & composite parts

Propulsion: Electric pusher propeller, 160 W brushless DC motor

Battery: 11.1 V, 2150 mAh

Maximum flight time: 45 minutes

Nominal cruise speed: 40-90 km/h (11-25 m/s or 25-56 mph)
13 | Page

senseFly eXom

Type: V-shaped quadcopter

Engines: 4 electric brushless motors

Take-off weight: 1.8 kg (3.9 lb.) incl. battery, payload & shrouding

Flight time (full system): Up to 22 min

Max. Climb rate: 7 m/s (15 mph)

Max. Airspeed: Automatic flight: 8 m/s (18 mph) Manual flight:12 m/s (27 mph)

Autopilot & control: IMU, magnetometer, barometer & GPS

Materials: Composite body, molded carbon fiber arms and legs, precision-molded 

magnesium frame, precision-molded injected plastic

Operating temperature: -10 to 40o C (14o-104o F)

Battery: LiPo, 3 cell, 8500 mAh
14 | Page

Safety

Visual Line of Site: The UAS will always be within the VLOS of the PIC and the 

VO. If the UAS cannot be seen it will be given the command to return to “home” 

in order to regain visual contact.

Airports: There will be no flight within five nautical miles of an airport, unless 

explicit permission is granted according to current FAA regulations.

Weather: To ensure the safety of all personnel involved, UAS operations will be 

conducted only in optimal weather conditions. Flights will not be conducted in 

winds above 20 mph.

Hazards: To ensure safe operation, the PIC, VO, and another party on-site will 

observe and review any possible hazards before and during the flight.

Return to Home: There is an automated return to home feature in the software in 

which the UAS will return to the predetermined “home” in case of lost radio 

signal, low GPS coverage, or low battery.

Altitude: The UAS operations will not exceed 400 ft. AGL at any time.

Population: To ensure safety, all non-essential personnel will be removed from the 

site prior to operations. No flights over heavily populated areas will be performed 

during normal operating hours.
15 | Page

Pilot Qualifications

The Pilots in Charge for all operations will meet the requirements of FAA 

regulations and will maintain a minimum of a current Sport-level pilot’s license.

o The PIC will be knowledgeable regarding current FAA regulations 

concerning UAS commercial use

o The PIC will have the eye sight necessary to operate the UAS at distances 

necessary for the operation (without the aid of binoculars and with or 

without corrective lenses)

o The PIC will be in good health

o Pilots in training will observe the PIC and act as VO for a minimum of 20 

flight hours prior to operating the UAS

o New pilots must demonstrate their knowledge of the UAS and its flight 

planning software as well as their knowledge of FAA regulations

o PICs will attend local courses provided by senseFly, Ltd (manufacturer) or 

G4 Spatial Technologies (certified vendor) as a part of continuing education

o PICs will adhere to the flight plans and schedules described in this document 

and follow all up-to-date FAA regulations

o PICs will keep a flight log to complement UAS digital flight log