August 3, 2015

Exemption No. 12292

Regulatory Docket No. FAA–2015–1291

Mr. Kent A. Cunningham

Director of Operations

Texas Unmanned Aerial Systems

831 CR 428

Uvalde, TX 78801

Dear Mr. Cunningham:

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.

By letter dated April 3, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Texas Unmanned Aerial Systems (hereinafter petitioner or operator) for an 

exemption. The petitioner requested to operate an unmanned aircraft system (UAS) to 

conduct aerial photography, videography, inspections, and UAS training .

1

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.

 

1 The petitioner also requested authority to conduct UAS training. At this time, the FAA is unable to authorize 

UAS operations for training until a further assessment is completed. When the FAA completes its review, we 

will proceed accordingly and no further action will be required by the petitioner. However, the petitioner is 

permitted to train its own pilot in commands and visual observers in accordance with condition no. 14 and the 

other conditions and limitations in this exemption.
2

Airworthiness Certification

The UAS proposed by the petitioner are a Yuneec Electric Aviation Q500 Typhoon, Sensefly 

eBee, and DJI Phantom 2.

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 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 collection2

. 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, 

 

2 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
3

delegated to me by the Administrator, Texas Unmanned Aerial Systems 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.

Conditions and Limitations

In this grant of exemption, Texas Unmanned Aerial Systems 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 Yuneec Electric 

Aviation Q500 Typhoon, Sensefly eBee, and DJI Phantom 2 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 
4

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. 

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.
5

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 Columbia, 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 

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 

FAA-published 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 

pre-determined 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 
6

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−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.
7

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.

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.
8

This exemption terminates on August 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
U.S. Department of Transportation

Docket Management Facility

West Building Ground Floor

Room W12­140

1200 New Jersey Avenue, S.E.

Washington, D.C. 20590

Texas Unmanned Aerial Systems

831 CR 428 Uvalde TX 78801

512­842­8060,

tuasytems@gmail.com

www.Tuasystems.com

March 30, 2015

April 3, 2015

Re: Petition of Texas Unmanned Aerial Systems’ for Exemption Request Pursuant to Section

333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations 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). Texas

Unmanned Aerial Systems’ (TUAS) hereby applies for an exemption in order to conduct

commercial use operations with the Yuneec Electric Aviation Q500 Typhoon, Sensefly eBee,

and DJI Phantom 2 unmanned aerial systems ("UAS"). In accordance with the requirements

of the Federal Aviation Administration ("FAA"), TUAS operations have been designed to

achieve a level of safety matching that required by the FAA regulations from which an

exemption is requested. In support of its exemption request, Texas Unmanned Aerial

Systems’ provides the following information.

Dear Sir:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”)

and 14 CFR Part 11, Texas Unmanned Aerial Systems (TUAS), operator of an Unmanned

Aircraft System (UAS), hereby applies for an exemption from the listed Federal Aviation

Regulations to allow commercial operation of UAS, so long as operations are conducted

under the conditions outlined herein or may be established by the FAA as required by Section

333.

The reason for relief from these regulations is to provide commercial operation of a UAS, as

described herein, which are equipped with camera(s) and sensors, would be used in the

following operations:

● Aerial video/photography for public and/or private use including real estate,

architecture, land surveying, engineering, and other related commercial and

professional activities.

● Aerial video/photography supporting agricultural and wildlife operations.

● Aerial video/photography supporting insurance company operations including

insurability and adjustments.

● Aerial video/photography for public and/or private use including television, public

events, cinematography and news gathering.
● Aerial inspection/photography of residential/commercial structures under contract with

the owners or local government authority.

● Aerial inspection/photography of industrial structures under contract with the owners.

● Aerial inspection/photography of residential/commercial utility infrastructure including

but not limited to electrical power lines, wind turbines and cell towers.

● Aerial video/photography or providing live video feed to assist with public agencies

search and rescue operations in cases of an emergency or natural disaster when the

government authorities request it.

● To offer training to both private and/or public organizations that have interests in the

use and application of a UAS for the purpose of the safe operation of a UAS to

enhance the safety of the NAS and for the safety of the persons and property.

The extent of relief TUAS seeks is:

1. To conduct flight operations with the Yuneec Electric Aviation Q500 Typhoon, Sensefly

eBee, and DJI Phantom 2 unmanned aerial systems. All weigh less than 55 pounds

including payload and carry no fuel and will not exceed 87K (100mph) in accordance

with manufacturer's recommended operating procedures.

2. All flight operations will be conducted in Class G airspace and below 400’ AGL, except

with permission from airport management and NOTAM requirements. Flights will

maintain VFR.

3. A Pilot in Command (PIC) and Visual Observer (VO) will maintain visual line of sight

with UAS for duration of flight. The PIC and VO will be in constant communication

audibly or by hands free radio.

4. PIC will hold airline transport, commercial, private, recreational, or sport pilot certificate

with FAA­issued airman medical certificate or U.S. driver’s license and meet the flight

review requirements.

5. To conduct flight operations less than 500’ from participating persons and structures.

6. All TUAS crew will be trained on respective aircraft. Flight hours and maintenance will

be logged. All incidents and accidents, including equipment failure will be reported to

FAA and NTSB as required.

7. All flight operations will undergo mission and flight planning, pre and post flight checks.

8. UAS flights will always give way to manned flight for safety.

9. Each and every operation will be conducted consistent with safety, property owner

permissions and public privacy.

10. Aircraft will be on a maintenance schedule for inspected and repair and be recorded.

All significant repairs will be completed with a functional test flight.

11. The ground control radio link uses 2.4 GHz Spread Spectrum on the ISM band, the

video downlink is 5.8 GHz on the ISM band, and the telemetry downlink is 900MHz on

the ISM band has been approved by the FCC.

12. PIC will have a minimum of 200 flight cycles {landings and takeoffs) and 25 hours of

total flight time as a UAS pilot and must have logged at least 10 hours as a PIC with a

UAS aircraft similar to the aircraft used for the commercial operation. PIC will also
have a minimum of 5 hours as pilot of the make and model UAS aircraft and have

performed three takeoffs and landings within the preceding 90 days.

13. The VO will have completed the qualification process outlined in Texas Unmanned

Aerial Systems’ UAS Operations Manual.

14. All flight crews will comply with TUAS Operations Manual.

The reason for relief TUAS seeks is:

61.23(a) and (c) PIC to operate with 3

rd class medical.

61.101(e)(4) and (5) Recreational pilot to act as pilot in command for compensation or hire, in

furtherance of a business.

61.113(a) Private pilot certificate may act as pilot in command of an aircraft (UAS) for

compensation or hire and act as pilot in command of an aircraft.

61.315(a) Sport Pilot certificate may act as pilot in command of an aircraft (UAS) for

compensation or hire and act as pilot in command of an aircraft.

91.7(a) Operate UAS without airworthiness certificate.

91.119(c), To operate below Minimum safe altitudes, and under safe conditions operated

closer than 500 feet to any person, vessel, vehicle, or structure.

91.121, Operate without and altimeter.

91.151(a)(1), Fuel requirements for flight in VFR conditions. UAS has no fuel. Terminate flight

with at least 5 minutes battery power or operators manual recommendations, whichever is

greater.

91.405(a), PIC will perform inspections to UAS according to manufacturer's operations

manual.

91.407(a)(1), PIC will perform functional check flight prior to UAS return to service.

91.409(a)(1) and (2) Annual inspections are replaced with manufacturer's guidelines.

91.417(a) and (b). Company will keep UAS maintenance records including accidents and

incidents.

The FAA has recently found that the enhanced safety achieved operating an unmanned

aircraft Systems (UAS) weighing less than 55 lbs, carrying no passengers or crew, and no

flammable fuel that would be enabled by this exemption is in the public interest. It should also
be noted that UAS complete operations without large amounts of fossil fuel but with pennies

worth of electricity.

The exemption would not adversely affect safety and would provide a level of safety at least

equal to the existing rules. The above information combined with the included documents

state the evidence for this statement.

List of documents submitted in support of exemption request:

1. ∙ TUAS Mission Statement.pdf

2. ∙ TUAS Operations Manual 2_1.pdf

3. ∙ Q500 Typhoon Instruction Manual v2.1.pdf

4. ∙ DJI PHANTOM2_User_Manual_v1.4_en.pdf

5. ∙ Sensefly eBee manuals

FCCID.NET­2499469.pdf

FCCID.NET­2499470.pdf

FCCID.NET­2499471.pdf

Summary

Advancing technology has produced a new form of aircraft that will provide society with great

benefits. It does however challenge the current operating standards. While the current U.S.

ATC system is designed to handle a few thousand aircraft, UAS will number in the tens of

thousands. The FAA is proposing to amend its regulations to adopt specific rules to allow the

operation of small unmanned aircraft systems in the National Airspace System. These will

address the operation of unmanned aircraft systems, certification of their operators, and

registration. The airworthiness certification must be changed to accommodate small

unmanned aircraft systems. Finally, the proposed rules should prohibit UAS from

endangering the safety of the National Airspace System while allowing Americans to take

advantage of what the UAS have to offer.

Please advise if you require any additional information regarding TUAS request for an

exemption to conduct commercial UAS operations. Thank you for your service.

Respectfully submitted,

Kent A Cunningham

Director of Operations

Texas Unmanned Aerial Systems