9238 Madison Blvd |Building 2|Suite 116| Madison, AL 35758 

Phone: (256)258-2100 |Fax: (256)258-2103 |Website: WWW.MESAINC.COM

Section 333 Exemption Request

Page | 1

May 21, 2015

United States Department of Transportation 

Docket Management System 

1200 New Jersey Avenue SE 

West Building Ground Floor, Room W12-140

Washington, DC 20590 

Re: Exemption Request Pursuant To Section 333 of the FAA Reform Act of 2012

Dear Administrators:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 C.F.R. Part 11, Mesa Associates, Inc. 

(Mesa) is seeking exemption to safely operate commercial unmanned aerial vehicles or UAS under the conditions of this 

petition or as established by the FAA. The UAS operations proposed in this petition will be consistent with previously 

granted UAS Section 333 exemptions and FAA guidance. 

Applicant Information: 

Mesa Associates, Inc. 

Attn: Tim Cutshaw 

9238 Madison Blvd. Building 2 Suite 116

Madison, AL 35758

Phone: (865) 604-5402

Email: tcutshaw@mesainc.com

 

In business for twenty seven years, Mesa is a diverse engineering company with its corporate office located in Madison, AL. 

Additionally, we have five offices in the southeast, three offices on the west coast, and one on the east coast. Mesa has 

specialized talent in electrical substation and transmission line design and inspection, power generation, industrial 

facilities, and general critical infrastructure for the well-being of the nation. 

Mesa seeks Section 333 exemption to provide the following services to our public and private clients. Mesa has developed 

safe operating practices to provide UAS inspection services including but not limited to:

1) Utility infrastructure and equipment including but not limited to substations power lines and towers, 

transmission power lines and towers, distribution towers, pipelines, and flare stacks.

2) Wind turbine blades and other structural aspects;

3) Solar power panels and structures; 

4) Hydro power structures;

5) Fossil power structures;

6) Post storm damage assessment;

7) Real-estate and land surveying assessments;

8) Vegetation and line clearance for tree trimming near the infrastructure; 

9) Environmental studies;

10) Industrial site inspection and monitoring;

11) Telemetry equipment such as cellular communications networks and structures;

12) Emergency response including search and rescue
9238 Madison Blvd |Building 2|Suite 116| Madison, AL 35758 

Phone: (256)258-2100 |Fax: (256)258-2103 |Website: WWW.MESAINC.COM

Section 333 Exemption Request

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The reason for such a broad exemption request is that Mesa hopes to utilize our experience to enhance public safety in our 

typical service areas arising in the future without the processing time associated with requesting additional section 333 

exemptions. The requested exemptions would permit Mesa to operate small, unmanned UASs under conditions that are 

1) limited, 2) controlled, and 3) would provide safety enhancements over conventional aircraft. Approval of this exemption 

would thereby enhance safety to the public and fulfill the FAA’S responsibilities to establish requirements for the safe 

operation of such aircraft systems in the national airspace system. 

 

Specific Sections of 14 CFR from which Mesa seeks an exemption: 

Several regulations have been previously determined by other granted exemptions either not to be applicable or not to 

require relief, so these will not be addressed. The petitioner will accept any conditions and limitations as previous 

exemptions.

• 14 C.F.R. Part 21 Certification procedures for products and parts

• 14 C.F.R. 45.23(b) Display of marks

• 14 C.F.R. 61.113 (a) & (b) Commercial pilot privileges and limitations

• 14 C.F.R. 91.7 (a) Civil aircraft airworthiness

• 14 C.F.R. 91.9 (b) (2) Civil aircraft flight manual, marking, and placard requirements

• 14 C.F.R. 91.103 Preflight action

• 14 C.F.R. 91.109 Flight instruction; simulated instrument flight and certain flight tests

• 14 C.F. R. 91.119 Minimum safe altitudes

• 14 C.F.R. 91.121 Altimeter settings

• 14 C.F.R. 91.151 (a) Fuel requirements for flight in VFR conditions

• 14 C.F.R. 91.203 (a) & (b) Civil aircraft: Certifications required

• 14 C.F.R. 91.405 (a) Maintenance required

• 14 C.F.R. 407 (a) (1) Operation after maintenance

• 14 C.F.R. 409 (a) (2) Inspections

• 14 C.F.R. 417 (a) & (b) Maintenance records

If granted a section 333 exemption, Mesa will operate UAS’s weighing less than 55lbs including payload, operate under 

normal conditions at speeds allowed per a section 333 exemption. Our UAS’s will operate only in line of sight and will 

operate only within a sterile area. Such operations will insure that our UAS’s will “not create a hazard to users of the 

national airspace system or the public.” It’s Mesa’s intention to preform our operations safely and in the best interest of 

the public. Inspection with UAS will provide a more efficient, thorough and safer means of inspection. 

Mesa proposes to operate InstantEye (Mk2 Gen3) a small Unmanned Aircraft System (sUAS) manufactured by Physical 

Science Inc. weighing significantly less than 55lbs including payload. Mesa anticipates future purchases and requests 

section 333 exemptions to operate Aeryon SkyRanger, Aibotix X6, PrecisionHawk Lancaster Hawkeye, and Pulse Aerospace 

(Vapor 35 and Vapor 55) in compliance with Section 333 regulations. All Mesa UASs will operate, under normal conditions, 

at speeds of less than 100 mph and have the capability to move in the vertical and horizontal plane simultaneously. Mesa’s 

UASs will be operated only in line of sight and only within a controlled area. Thus, insuring Mesa’s UAS will not create a 

hazard to users of the national airspace system or the public. Given the small size of Mesa’s UASs involved and the 

restricted controlled environment which Mesa’s UASs will operate, Mesa falls within that zone of safety (an equivalent 

level of safety) in which Congress envisioned that the FAA, by exemption, allow commercial operations of UASs to operate. 

Also, due to the size of Mesa’s UASs and the controlled areas in which Mesa’s UASs will operate, approval of the 

application presents no national security issue. Under Section 333 of the Reform Act, the authority contained in the 

Federal Aviation Act, the equivalent level of safety surrounding the proposed operations, and the public benefit, including 
9238 Madison Blvd |Building 2|Suite 116| Madison, AL 35758 

Phone: (256)258-2100 |Fax: (256)258-2103 |Website: WWW.MESAINC.COM

Section 333 Exemption Request

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enhanced safety, reduction in environmental impacts, including reduced emissions associated with allowing UASs, the 

grant of the requested exemptions is in the public’s interest. 

Mesa proposes that the exemption requested apply to civil aircraft that have the characteristics and that operate with the 

limitations listed. These limitations provide for at least an equivalent or even higher level of safety to operations under the 

current regulatory structure because the proposed operations represent a safety enhancement to the existing safe

operations conducted with conventional aircraft. These limitations and conditions to which Mesa agrees to be bound when 

conducting commercial operations under an FAA issued exemption include: 

1. Mesa’s UAS will weigh less than 55 pounds (25 kg). 

2. Mesa’s UAS will be operated at a speed of no more than 100 mph. 

3. Flights will be operated within visual line of sight of a pilot.

4. UAS operations will occur during daylight hours only. 

5. No person may act as an operator or VO for more than one unmanned aircraft operation at a time. 

6. Minimum crew for each operation will consist of Mesa’s UAS Operator and a Visual Observer. 

7. Mesa’s UAS Operator will be Pilot in Command (PIC) with an FAA sports pilot’s certificate or higher and shall have 

completed the required FAA training, UAS manufacturer training, and have a valid driver’s license. The PIC will be trained 

in flight, operations, and safety procedures as detailed in the Flight Manual.

9. Mesa’s UAS will only operate within a confined controlled area of the flight operations area. 

10. Maximum total flight time for each operational flight will be 30 minutes. Flights will be terminated at 20% battery 

power reserve, should that occur prior to the 30 minute limit. 

11. A mandatory briefing will be conducted in regard to the planned UAS operations prior to each day’s activities.

12. The operator will obtain consent of all persons involved and ensure that only consenting persons will be allowed within 

100 feet of the flight operation, and this radius may be reduced to 30 feet based upon an equivalent level of safety 

determination. 

14. PIC and VO will at all times be able to communicate by voice. 

15. PIC will conduct preflight inspections to ensure Mesa’s UAS is safe for operation. 

16. Flights will be operated at an altitude less than 400 feet AGL. 

17. Mesa’s UAS will only operate in Class G airspace. 

18. Any site within 5 miles of an airport will not be flown without notification and approval of the local FAA Flight 

Standards District Office (FSDO) and airport controller.

19. All required permissions and permits will be obtained from relevant property owners, territorial, state, county, or city 

jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies. 

20. If Mesa’s UAS loses communication or GPS signal, it will have capability to return and land to a pre-determined location 

within the Security Perimeter.

21. Mesa’s UAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies. 

 

The Relief Mesa’s Seeks and the Reason for Relief. 

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. 91.203 (a) (1). 

Part 21 Subpart H, entitled Airworthiness Certificates, sets forth the procedural requirements for the issuance of 

airworthiness certificates as required by 14 C.F.R. 91.203 (a) (1). Given the limited size, weight, and operating area 

associated with Mesa’s UAS to be utilized by Mesa, 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 and Section 333 of the 

Reform Act 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. 
9238 Madison Blvd |Building 2|Suite 116| Madison, AL 35758 

Phone: (256)258-2100 |Fax: (256)258-2103 |Website: WWW.MESAINC.COM

Section 333 Exemption Request

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UASs operated by Mesa weigh less than 55 pounds fully loaded, carries no pilot or passenger, carries no explosive 

materials or flammable liquid fuels, and operates exclusively within a secured area. Operations under this exemption will 

be controlled and monitored by the operator and in compliance with the conditions of this document and also in 

compliance with any local public safety requirements. The FAA will have advance notice of all operations through a COA or 

operate under the “blanket” 200-foot COA. In this case, an analysis of these criteria demonstrates that Mesa’s UAS

operated with an airworthiness certificate, in the restricted environment and under the conditions proposed, will be at 

least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate 

without the restrictions and conditions proposed. 

14 C.F.R. 45.23 (b). Marking of the Aircraft. 

14 C.F.R. 45.23 prescribes 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. An exemption may be needed as Mesa’s UAS will have no entrance to the cabin, cockpit, or pilot station on 

which the word “Experimental” can be placed. Given the size of the UAV, 2-inch lettering will not be possible. An 

equivalent level of safety will be the word “Experimental,” at a size that is as large as practicable, will be placed on the 

fuselage in compliance with Section 45.29 (f). Additionally, Mesa will mark its UASs with its company name and contact 

information.

14 C.F.R. 61.113 (a) & (b): Private Pilot Privileges and Limitations: Pilot in Command. 

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Because Mesa’s UAS will not carry a pilot or 

passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the PIC 

operating the aircraft to have successfully completed, at a minimum, FAA sport pilot ground instruction and passed the 

FAA Sport Pilot written examination or other FAA recognized equivalent training. The PIC will have also completed a 

manufacturer’s training program for the model the PIC will be operating. Additionally, the PIC will have been vetted by the 

TSA by obtaining a Known Traveler Number which comes along with TSA Pre status, and possess a valid driver’s license 

from the state of the PIC’s domicile. Unlike a conventional aircraft that carries the pilot and passengers, UAS’s are 

remotely controlled with no living thing on board. The area of operation is controlled and restricted, and all flights are 

planned and coordinated in advance. The level of safety provided by these requirements will be at least as safe, or safer, 

than that provided by a single individual holding a commercial pilot’s certificate operating a conventional aircraft. The risks 

associated with the operation of a UAS are diminished from the level of risk associated with commercial operations 

contemplated by Part 61, when drafted, that allowing operations of Mesa’s UAS as requested with FAA ground instruction 

and manufacturer’s training exceeds the present level of safety achieved by 14 C.F.R. 61.113 (a) & (b). 

14 C.F.R. 91.7(a): Civil aircraft airworthiness. Check for no airworthiness 

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. Because airworthiness 

certificate has been issued for the aircraft, no FAA regulatory standard exists for determining airworthiness. Given the size 

of the aircraft and the requirements contained in the Petitioner’s Operations Manual for the use of an inspection checklist 

prior to each flight, an equivalent level of safety will be provided.

14 C.F.R. 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. 

Section 91.9 (b) (2) provides that no person may operate a U.S.-registered civil aircraft . . . . (2) For which an Airplane or 

Rotorcraft Flight Manual is not required by Section 21.5 of this chapter, 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. UAS’s given their size and configuration, have no ability or place to carry such a flight manual on the aircraft, not 

only because there is no pilot on board, but because there is no room or capacity to carry such an item on the aircraft. The 
9238 Madison Blvd |Building 2|Suite 116| Madison, AL 35758 

Phone: (256)258-2100 |Fax: (256)258-2103 |Website: WWW.MESAINC.COM

Section 333 Exemption Request

Page | 5

equivalent level of safety will be maintained by keeping Mesa’s UAS flight manual at the ground control point where the 

PIC operating Mesa’s UAS will have immediate access to it.

14 C.F.R. 91.103: Preflight action. 

This regulation requires each pilot in command to take certain actions before flight to insure the safety of flight. 

Because FAA-approved UAS flight manuals will not be provided for the aircraft, an exemption will be needed. An 

exemption is requested from this requirement as the PIC will take separate preflight actions, including checking the 

condition of Mesa’s UAS, checking flight battery requirements, weather conditions, checking takeoff and landing distances, 

and all other actions in the User Guide and safety checklists providing an equivalent level of safety. 

14 C.F.R. 91.109: Flight instruction. 

Section 91.109 provides 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. UASs, by their design, do not have fully functional 

dual controls. Flight control is accomplished through the use of a controls that communicate with the aircraft via radio 

communications. The equivalent level of safety provided by the fact that neither a pilot nor passengers will be carried in 

the aircraft and by the size and speed of the aircraft. 

14 C.F.R. 91.119: Minimum safe altitudes. 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (c) limits aircraft flying over areas 

other than congested areas to 500 ft AGL. Over sparsely populated areas, aircraft cannot be operated closer than 500 feet 

of any person, vessel, or structure. This exemption is requested for minimum safe altitudes as Mesa proposes to operate 

its UASs below 400 ft AGL. As set forth herein, Mesa’s UAS will operate below 400 ft AGL. An equivalent level of safety will 

be achieved given the size, weight, and speed of Mesa’s UAS, as well as the location where it is operated. Mesa requests 

modification, waiver or exemption and/or clarification concerning the terms “congested areas” and “densely populated”. 

Mesa requests waiver for this condition to allow reasonable and responsible operations with safety in areas of subdivisions 

and neighborhoods if required. Additionally, Mesa proposes to conduct flights on property owned by, or property under a 

utility easement that may lie in areas considered to be “congested”. These flights will be hovering flights at or near zero 

ground speed, and at altitudes below 100’ AGL. They will be conducted entirely over utility property or easements, and at 

an altitude and in a fashion that should a power unit fail, procedures that will ensure that it will not drift from utility 

property. The operations proposed by this exemption request require that operations be conducted in close proximity to 

structures. Under section (c), the Petitioner requests that no restrictions with regard to minimum distances from 

structures, vessels, and vehicles, and a 200-foot minimum distance from persons not associated with the operation be 

granted. Petitioner further requests that with regard to crew required for the operation of the UAS, no minimum distance 

be required. When inspecting spans of transmission line conductors, a mile long flight may be required. In order for the 

PIC to maintain the necessary spatial orientation and for the Visual Observer to assure situational awareness, the crew 

proposes to follow the UAV from a safe distance in a moving vehicle.

14 C.F.R. 91.121 Altimeter Settings. 

This regulation requires 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. 

Because Mesa’s UAS will not have a barometric altimeter, but instead a GPS altitude read-out, an exemption is requested. 

An equivalent level of safety will be achieved by confirming the altitude of the launch site shown on the GPS altitude 

indicator before flight. 

14 CFR 91.151(a) and (b) – Fuel requirements for flight in VFR conditions.

Unlike civil aircraft, the proposed UAS is battery-powered, not fuel powered. Therefore, the requirements under Section 

91.151(a) are not applicable. The battery powering the UAS only has approximately 30 minutes of powered flight, 
9238 Madison Blvd |Building 2|Suite 116| Madison, AL 35758 

Phone: (256)258-2100 |Fax: (256)258-2103 |Website: WWW.MESAINC.COM

Section 333 Exemption Request

Page | 6

therefore an exemption from the 30-minute reserve requirement is necessary. Additionally, we are not planning, nor 

proposing to fly our UAS at night. Mesa proposes to provide an equivalent level of safety by employing telemetry that 

provides a constant indication of remaining power, along with a low-voltage visual and audible warning when the power 

gets critically low. In this event, the UAS can be landed safely within a minute or two while maintaining some power in 

reserve. 

14 C.F.R. 91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration. 

The regulation provides in pertinent part: (a) Except as provided in Section 91.715, no person may operate a civil aircraft 

unless it has within it the following: (1) An appropriate and current airworthiness certificate. . . (b) No person may operate 

a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization 

issued under Section 91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. UAS’s 

have no cabin or cockpit, there is no ability or place to carry certification and registration documents or to display these 

documents on Mesa’s UAS. As with 14 C.F.R. 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft, an equivalent level of 

safety will be achieved by keeping these documents at the ground control point where the PIC operating Mesa’s UAS will 

have immediate access to the documents, to the extent needed and applicable to Mesa’s UAS. 

 

14 CFR § 91.405(a) Maintenance required 

This section requires periodic inspections, repairs made as necessary, and those procedures documented. Inspections will 

be performed before the first flight of each day and repairs completed in accordance with the AUS Operations Manual, 

thus assuring an equivalent level of safety.

 

14 CFR § 91.407 Operation after maintenance, preventive maintenance, rebuilding, or alteration 

This section requires that after maintenance, proper entries be made in the aircraft record, and that necessary certain 

checks, including flight checks be performed. Flight checks will be performed prior to the first flight of the day in 

accordance with the AIS Operations Manual to ensure proper functionality of all systems and components. 

 

14 CFR §91.409 – Inspections 

This section requires that annual and 100-hour inspections be performed on certain aircraft, and that they be returned to 

service by properly authorized personnel. The petitioner asserts that the personnel that operate the UAS have received 

training on its proper care and maintenance, and are as qualified to determine that it is in condition for safe flight as the

personnel authorized by 43.7, thereby achieving an equivalent level of safety. 

 

14 CFR 91.417(a) & (b) – Maintenance records 

This section describes requirements for maintenance recordkeeping. The Petitioner will maintain records of all inspections, 

maintenance, alterations, and repairs. They will be kept on site by the PIC and will be available to the Administrator or his 

representative. 

 

Public Interest:

This exemption would allow Mesa to operate Unmanned Aircraft System ("UAS") to safely perform aerial inspections of 

elevated structures for our clients. The utility industries rely on accurate conditional assessments in order to make 

intelligent and timely decisions. This is vital and critical in order for utilities to continue to safely provide reliable energy to 

the nation's power grid and, consequently, enhance national security. 

Mesa believes UAS’s will allow our company to provide services more safely and effectively. UAS aircraft significantly 

improves public safety and reduces risks associated with using manned aircraft and helicopters. The public's interest is also 

advanced by reducing human exposure to death or serious injury associated with manned aircraft performing such 

services. Power industry inspections using UAS significantly enhance public safety compared to using manned aircraft. A 
9238 Madison Blvd |Building 2|Suite 116| Madison, AL 35758 

Phone: (256)258-2100 |Fax: (256)258-2103 |Website: WWW.MESAINC.COM

Section 333 Exemption Request

Page | 7

traditional aircraft flying at low levels or in populated areas puts the public at increased risks of harm. UAS’s can fly safely 

in populated areas under controlled situations. Since UAS’s are very small and do not carry combustible fuel, any potential 

explosion threat to the public is alleviated. By granting an exemption the FAA will fulfill Congress’s intent of allowing UAS 

to operate with significant safety precautions in low risk environments. 

The operation of small UAS in the strict conditions provides an equivalent higher level of safety supporting the grant of the 

exemptions requested herein, including exempting the applicant from the requirements of Part 21 and allowing 

commercial operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a sterile 

environment and, as a result, are far safer than conventional manned aircraft operating with significant levels of fuel in 

close proximity to the ground and people. In addition, the environmental impact is reduced due to less noise and rotor 

wash from helicopters. 

Privacy 

All flights will be conducted in accordance with any federal, state or local laws regarding privacy. 

Summary: 

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be 

determined that publication is needed: Applicant seeks an exemption from the following rules: 14 C.F.R. 21, subpart H; 14 

C.F.R 45.23(b); 14 C.F.R. 61.113( a) & (b); 14 C.F.R. 91.7 (a); 14 C.F.R. 91.9 (b) (2); 14 C.F.R. 91.103; 14 C.F.R. 91.109; 14 

C.F.R. 91.119; 14 C.F.R. 91.121; 14 C.F.R. 91.151(a); 14 C.F.R. 91.203(a) and (b); 91.405 (a); 14 C.F.R. 91.407 (a) (1); 14 

C.F.R. 91.409 (a) (2); 14 C.F.R. 91.409 (a) (2); and 14 C.F.R. 91.417 (a) & (b) to operate commercially a small unmanned 

vehicle (55 pounds or less). Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012, size, weight, 

speed, operating capabilities, proximity to airports and populated areas, and operation within visual line of sight and 

national security provide more than adequate justification for granting the requested exemptions allowing commercial 

operations. 

Granting the requested exemption will benefit the public interest by significantly improving safety and reducing risk by 

alleviating human exposure to danger, and by reducing the environmental impact associated with manned aircraft.

Regards, 

Tim Cutshaw

Executive Vice President

Mesa Associates, Inc.