Petition by Transportation Technology Center, Inc. for an 

Exemption Pursuant to Section 333 of the FAA Modernization and 

Reform Act of 2012 

Transportation Technology Center, Inc. 

A subsidiary of the Association of American Railroads 

Pueblo, Colorado USA 

July 7, 2015 
Table of Contents 

1.0 Introduction ................................................................................................ 1

2.0 Background information ........................................................................... 1

3.0 Unmanned aircraft systems ...................................................................... 4

4.0 Name and address of Petitioner ............................................................... 5

5.0 Specific sections of 14 CFR from which an exemption is requested .... 6

6.0 The extent of relief TTCI seeks and the reason TTCI seeks the relief ... 7

6.1 45.29 Size of marks ................................................................................... 7

6.2 61.23(a) Medical certificates: Requirement and duration ....................... 7

6.3 61.101 (a) and (e), 61.113(a) and (b) and 61.315 (a) and (c) (2): Pilot 

privileges and limitations ................................................................................... 7

6.4 91.7(a) Civil aircraft airworthiness ............................................................ 8

6.5 91.119(c) Minimum safe altitudes: General .............................................. 8

6.6 91.121 Altimeter settings ........................................................................... 8

6.7 91.151(a)(1) Fuel requirements for flight in VFR conditions .................. 9

6.8 91.405(a), Maintenance required; 91.407(a)(1), Operation after 

maintenance, 91.409(a)(1) and (2), Inspections; and 91.417 (a) & (b), 

Maintenance records .......................................................................................... 9

7.0 Granting an exemption is in the public interest .................................... 10

8.0 Granting an exemption will not adversely affect safety ....................... 11

9.0 Proposed operating conditions .............................................................. 12

10.0 Summary for Federal Register publication ............................................ 18
Glossary of Abbreviations 

AGL ......................................................... Above Ground Level 

CBR ........................................................ Crude by Rail 

C.F.R. .................................................... Code of Federal Regulations 

COA ....................................................... Certificate of Authorization 

FAA ........................................................ Federal Aviation Administration 

GCS ....................................................... Ground Control Station 

GPS ....................................................... Global Positioning System 

PIC ......................................................... Pilot in Command 

SERTC .................................................... Security and Emergency 

Response Training Center 

SRI .......................................................... Strategic Research Initiatives 

SVFR ...................................................... Special Visual Flight Rules 

TTC ......................................................... Transportation Technology Center 

TTCI ........................................................ Transportation Technology Center, Inc. 

UA .......................................................... Unmanned Aircraft 

UAS Unmanned Aircraft System ............ Unmanned Aircraft System 

VFR ........................................................ Visual Flight Rules 

VLOS ..................................................... Visual Line of Site 

VMC ....................................................... Visual Meteorological Conditions 

VO .......................................................... Visual Observer 

VTOL ..................................................... Vertical Takeoff and Landing 
1.0 Introduction 

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

Transportation Technology Center, Inc. (TTCI), hereby applies for an exemption from 

the Federal Aviation Regulations (FARs) identified below, to allow commercial 

operations of small unmanned aircraft systems (UAS) for aerial data collection. 

This exemption would permit TTCI to operate UASs for the commercial purposes of: 

 Researching, developing and demonstrating UAS inspection techniques for 

railway track and structures. 

 Researching, developing and demonstrating techniques for assessment of 

incidents under simulated derailments, including fires and potential hazardous 

material releases. This will include using a UAS to deploy a sensor array to the 

incident site which will send environmental data via wireless technology. 

 Training of inspectors on particular inspection requirements and hazards 

associated with operating UAS on railroad infrastructure. 

 Training of first responders for integrating UAS operations into the procedures 

currently available for assessment of railroad incidents. These first responders 

may include railroad employees or local firefighters located along various rail 

lines. 

 Inspection of railway track and structures 

 Initial assessment of derailments and other incidents such as fires and potential 

hazardous material releases. This will include using the UAS to deploy a sensor 

array package to the incident site which will send environmental data via wireless 

technology. 

2.0 Background information 

TTCI is a wholly owned subsidiary of the Association of American Railroads (AAR), 

which represents the North American Class I freight railroads and Amtrak. It manages a 

program of Strategic Research Initiatives (SRI) for the AAR and provides technological 

services to railway industries around the world. TTCI is headquartered at, and is the 

operator of, the Federal Railroad Administration’s (FRA) Transportation Technology 

Center (TTC) in Pueblo, Colorado, the hub of the world's leading railroad technology 

research and development program. Figure 1 shows TTC’s core area and a few of its 

tracks. 
TTCI operates the TTC facility under the auspices of a Care, Custody and Control 

contract with the FRA. TTC, established by the US Department of Transportation in 

1971, is a world-class facility that offers a wide range of unique capabilities for research, 

development, testing, consulting, and training for railway-related technologies. TTC is an 

isolated and secure 52-square-mile facility with a vast array of specialized testing 

laboratories and tracks. All types of freight and passenger rolling stock, vehicle and track 

components, and safety devices can be tested at TTC. There are over 48 miles of test 

tracks that are used for track structure and vehicle performance testing, life-cycle 

prediction and component reliability, lading damage prevention tests, and freight ride 

quality and passenger comfort. . Figure 1 shows TTC’s core area and a few of its tracks. 

Figure 1: Core Area at Transportation Technology Center 

TTCI serves AAR member railroads through operation and management of the AAR's 

SRI program, which is focused on enhancing railroad safety, reliability, and efficiency. 

TTCI also plays a major role in the development and application of new technology for 

the FRA, railways, suppliers, governments, and others involved in rail transportation, and 

by implementing and solving technical problems with full-scale testing and modeling 

services. 
TTC additionally houses the Security and Emergency Response Training Center 

(SERTC), a graduate level emergency response training school and campus with 

professional instructors and real-life props for educating and providing hands-on training 

for transportation incidents involving hazardous materials. SERTC is provides extensive 

training to private and government funded students. 

SERTC has recently added a course to provide first responders with the basic knowledge, 

skills, and abilities to respond to incidents involving Crude by Rail (CBR). The program 

is delivered over 3 days (24 hours) with over 60% field exercise. The program covers: the 

history of crude oil, chemical and physical properties of the different crude oil 

transported, basic site and damage assessment, tank car design and 

construction. Additional subjects include: tactical product control methods including the 

application of firefighting foam agents, water and spill control procedures, planning for 

crude oil incidents, and the environmental impacts. The practical evolutions will include 

a demonstration of Crude Oil fires, boil overs, and foam applications as applied to Crude 

Oil incidents by rail and advanced firefighting techniques. The practical evolutions 

culminate in a full-scale derailment exercise. 

Figure 2: SERTC 
TTCI’s first purpose is to enhance railroad safety. TTCI has been at the forefront of 

development of positive train control technology, mobile laser-based measuring devices, 

trackside detectors, and the like. TTCI is constantly exploring additional ways in which 

it can improve safety for it’s the railroads, their customers, and the public. 

As part of its mission to advance railway safety and technology, TTCI recognizes that 

small Unmanned Aircraft Systems are a rapidly advancing technology with many 

potential applications for the railroad industry. TTC would provide a secure location for 

much of the planned UAS operation, well away from any population centers, with access 

controlled via a commercial security service. 

The central location of TTC is 13.4 miles from the nearest airport (Pueblo Memorial 

Airport). The southern border of TTC is 9.5 miles from the Pueblo Airport. 

3.0 Unmanned aircraft systems 

TTCI seeks an exemption to operate three UAS, the DJI Inspire 1, the DJI Phantom 3, 

and the Stark Hx8 Coaxial Octocopter for compensation or hire within the National 

Airspace System. 

The DJI Inspire 1, Phantom 3, and Stark Hx8 Coaxial Octocopter are vertical takeoff and 

landing (VTOL) UASs. The DJI Inspire 1 and Phantom 3 are equipped with four main 

rotors which are driven by lithium polymer battery powered electric motors. These UASs 

use a Ground Control Station (GCS), displayed on an electronic tablet or smartphone. 

The Stark Hx8 Coaxial Octocopter is equipped with eight rotors which are driven by 

lithium polymer battery powered electric motors. It uses a Futaba®14SG series 2.4 GHz 

digital proportional GCS. 

The Phantom 3 is available in 2 configurations, Advanced and Professional which differ 

only in camera video download rates and battery charger rate capacity. TTCI requests 

that this exemption apply to both configurations. 

The DJI Inspire 1 has a maximum gross weight of 6 pounds 7.5 ounces, a length of 17.2 

inches, width of 17.8 inches, height of 11.9 inches, and a maximum speed of 

approximately 42 knots. 

The DJI Phantom 3 has a maximum gross weight of approximately 2 pounds 13 ounces, a 

diagonal dimension including propellers of approximately 23 inches and a maximum 

speed of approximately 31 knots. 

The Stark Hx8 Coaxial Octocopter has a maximum gross weight of 29 pounds. It has a 

maximum speed of 50 knots. The UAV has a total payload capability of 24 pounds with 

an integrated release system for deployment of payload instrumentation. It has a flight 

time capability, fully laden, of 20 - 24 minutes maximum based on this configuration. 
Full specifications are provided in the user manuals which are included as attachments: 

 DJI Inspire 1 User Manual Version 1.2 

 Inspire 1 Maintenance Manual V1.0

 DJI Phantom 3 Advanced User Manual Version 1.0 

 DJI Phantom 3 Professional User Manual Version 1.0

 Stark Hx8 Coaxial Octocopter User’s Manual

Details of radio frequencies used for control of each proposed UAS and details on FCC 

compliance are included in the user’s manuals. 

4.0 Name and address of Petitioner 

The name and address of the Petitioner is: 

Transportation Technology Center, Inc. 

55500 D.O.T. Road 

Pueblo Colorado 81001 

The point of contact for this Petition is: 

Richard Joy (Principal Investigator II) 

Transportation Technology Center, Inc. 

55500 D.O.T. Road 

Pueblo Colorado 81001 

(719) 584 - 0524 

richard_joy@aar.com
5.0 Specific sections of 14 CFR from which an exemption is 

requested 

Based on previous decisions by the Federal Aviation Administration (FAA) in Exemption 

No. 11206 (BNSF Railway Company) and Exemption No. 11461 (High Adventure Air, 

Inc.), the DJI Inspire 1 and the DJI Phantom3 meet the size and weight requirements of 

Section 333 of the FAA Modernization and Reform Act of 2012. Therefore, relief from 

14 CFR part 21, and any associated noise certification and testing requirements of part 

36, is not necessary. 

TTCI requests an exemption from the CFR Sections listed in the table below: 

14 CFR Part Summary of Regulation 

Part 45, Subpart C - Nationality and Registration Marks 

45.29 Size of marks 

Part 61: Pilots, Flight Instructors and Ground Instructors 

61.23(a) Medical certificates: Requirement and duration 

61.101 (a) and (e) Recreational pilot privileges and limitations 

61.113(a) and (b) Private pilot privileges and limitations: Pilot in command 

61.315 a and (c)(2) What are the privileges and limits of my sport pilot certificate? 

Part 91General Operating and Flight Rules 

91.7(a) Civil aircraft airworthiness 

91.119(c) Minimum safe altitudes: General 

91.121 Altimeter Settings 

91.151(a)(1) and (b) Fuel requirements for flight in VFR conditions 

91.405(a) Maintenance required 

91.407(a)(1) Operation after maintenance 

91.409(a)(1) and (2) Inspections 

91.417 (a) and (b) Maintenance records 

 
6.0 The extent of relief TTCI seeks and the reason TTCI seeks 

the relief 

6.1 45.29 Size of marks 

Section 45.29 describes the size of registration marks required on US registered aircraft. 

TTCI proposes that, based on requirements approved by the FAA in Exemption No. 

11461 (High Adventure Air, Inc.), that registration marks be required to be only as large 

as is practicable. 

6.2 61.23(a) Medical certificates: Requirement and duration 

Section 61.23(a) describes for requirements for pilot medical certificates. 

TTCI proposes that, based on requirements approved by the Administrator in Exemption 

No. 11461 (High Adventure Air, Inc.), 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 be 

accepted in lieu of an FAA airman medical certificate. 

6.3 61.101 (a) and (e), 61.113(a) and (b) and 61.315 (a) and (c) (2): Pilot 

privileges and limitations 

Sections 61.101 (a) and (e), 61.113(a) and (b) and 61.315 (a) and (c) (2) prohibit holders 

of private pilot, recreational pilot or sport pilot certificates from operating for hire or for 

commercial purposes. 

TTCI proposes that, based on requirements approved by the Administrator in Exemption 

11461 (High Adventure Air, Inc.),that holders of an airline transport, commercial, 

private, recreational, or sport pilot certificate be authorized to act as pilot in PIC for all 

UAS operations conducted by TTCI. TTCI will 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 proposed exemption, including evasive and 

emergency maneuvers and maintaining appropriate distances from persons, vessels, 

vehicles and structures. 
6.4 91.7(a) Civil aircraft airworthiness 

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

airworthy condition. 

TTCI requests relief from this section because the UASs will not require airworthiness 

certificates per 14 CFR part 21, Subpart H, which would provide a definition of 

airworthiness. 

TTCI requests that the FAA consider the petitioner’s compliance with its operating 

documents (including applicable manufacturer’s operating and maintenance manuals) to 

be a sufficient means for determining an airworthy condition, as previously granted in 

Exemption No. 11461 (High Adventure Air, Inc.) and Exemption No. 11206 (BNSF 

Railway Company). TTCI will ensure that its aircraft is in an airworthy condition based 

on compliance with the operating documents prior to every flight. 

Additionally, in accordance with 14 CFR § 91.7(b), TTCI requests that the FAA allows 

the PIC of the UAS to be responsible for determining whether the aircraft is in a 

condition for safe flight. 

6.5 91.119(c) Minimum safe altitudes: General 

Section 91.119(c) states that, except when necessary for takeoff and landing, no person 

may operate and aircraft below 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. 

Since TTCI proposes to operate below 500 feet above ground level (AGL), TTCI 

requests relief as it has provided to BNSF under exemption No. 11206, provide TTCI 

meets the same operating conditions: 

All flight operations must be conducted at least 500 feet from all nonparticipating 

persons, with the exceptions noted in the proposed operating conditions. 

6.6 91.121 Altimeter settings 

Section 91.121 requires each person operating an aircraft below 18,000 feet MSL to 

maintain the cruising altitude or flight level of that aircraft, as the case may be, by 

reference to an altimeter that is set with the current altimeter setting. 

Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is 

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

stated below. An equivalent level of safety will be maintained since the DJI Inspire 1 and 

Phantom 3 UAs are equipped with a barometric pressure sensor and global positioning 

system (GPS) equipment, which automatically ensures that a ground level pressure 

setting will be established prior to each flight, and provides the PIC with altitude 

information of the unmanned aircraft (UA) on the heads-up display of the GCS. 
6.7 91.151(a)(1) Fuel requirements for flight in VFR conditions 

Section 91.151 requires reserve fuel of 30 minutes for airplanes and 20 minutes for 

rotorcraft in daytime visual flight rules (VFR) conditions. 

Since the maximum flight duration for the DJI Inspire 1, the DJI Phantom 3, and the 

Stark Hx8 Octocopter UASs is on the order of 20 minutes, it would not be possible to 

comply with this requirement. TTCI requests that FAA grant TTCI relief, as it has in 

Exemption No. 11461 (High Adventure Air Inc.), provided that before beginning a flight 

(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. 

6.8 91.405(a), Maintenance required; 91.407(a)(1), Operation after 

maintenance, 91.409(a)(1) and (2), Inspections; and 91.417 (a) & (b), 

Maintenance records 

Sections 91.405(a); 91.407(a)(1); 91.409(a)(1) and (2); and 91.417(a) and (b) describe 

maintenance and inspections, persons authorized to perform maintenance, and required 

maintenance records. 

TTCI believes that an exemption from these four maintenance requirements is appropriate 

because the FAA has not developed maintenance standards that would allow an operator 

to meet the part 91 maintenance requirements. In particular, there are no individuals 

authorized by the FAA to approve a UAS for return to service under §91.407(a) or to 

conduct the initial airworthiness and annual return to service inspections required by 

§91.409(a). TTCI will maintain the aircraft as recommended by the manufacturer, and 

will not operate the aircraft until it has reasonably determined that any needed repairs have 

been made. However, because of the technical impossibility of meeting the requirements 

of §§91.405(a), 407(a) and 409(a), TTCI request relief from these sections as has been 

granted in Exemption No. 11206 (BNSF Railway Company) and Exemption No. 

11461(High Adventure Air Inc.). 

TTCI will adhere to the following regarding UAS maintenance: 

 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. 

 TTCI will be responsible for maintaining and inspecting the UAS to ensure that it 

is in a condition for safe operation. 
 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. 

 TTCI will follow the UAS manufacturer’s maintenance, overhaul, replacement, 

inspection, and life limit requirements for the aircraft and aircraft components. 

 Each UAS operated under this exemption must comply with all manufacturer 

safety bulletins. 

7.0 Granting an exemption is in the public interest 

TTCI’s main objective in seeking this exemption is to assist and facilitate the North 

American railroads in their efforts to incorporate UAS technology into their safety 

programs. 

The safety and efficiency of railroad operations is heavily dependent upon constant 

analysis of trains, right-of-way, rail track and other assets/facilities. There are a wide 

variety of factors that can affect track conditions and cause problems for trains. Even 

relatively small objects on the rails or minor track failures can lead to derailments or 

other incidents. Extreme weather events can lead to track flooding or overheating (track 

can buckle or distort in high heat). Earthquakes, landslides, and abandoned vehicles at 

grade crossings can block track. The potential for sabotage and terrorism – or even just 

trespassing – are also among the many risks that modern railroads face. Vigilance is 

always the best defense against these hazards. 

As a result, pursuant to FRA regulations and company policy, railroad track and bridge 

maintenance employees routinely inspect the tracks and the underlying infrastructure, 

such as bridges, tunnels, support structures, and signals. At present, this work is done 

primarily by railroad personnel in motor vehicles, on foot, in specialized rail equipment, 

or in rail-mounted hi-rail vehicles. This is often a labor-intensive and sometimes arduous 

job. While the railroad does all it can to make these inspections as safe as possible, there 

is an irreducible element of risk involved whenever employees are required to go out on 

track and rail structures. Employees may need to climb over or onto track structures, 

which can be slippery, rough, and/or exposed to the elements. Some structures, such as 

bridges, are high above the ground. Trains moving through inspection zones can increase 

risk as well, especially in high-traffic areas. While the use of UASs for supplemental 

track, infrastructure and general asset evaluation would not eliminate these risks entirely 

(as it is an additive safety measure), it would reduce the risks to railroad employees by 

allowing for remote aerial review. 
Additionally, the sheer amount of railroad assets and the widely dispersed locations – in 

many instances far from sizeable population centers – means that visual inspection in all 

instances by company personnel can be inefficient. Aerial analysis by traditional fixed 

wing aircraft is impractical because the required altitudes for safe flight reduce track 

visibility below meaningful levels – it is simply not possible to see all asset anomalies 

from such heights. By using UASs for supplemental asset evaluation, railroads will be 

able to substantially upgrade its capacity to detect and address issues with the right-ofway and other assets before they become a problem for train operations. Thus, the use of 

UASs has the potential to improve efficiency, resulting in faster and safer delivery of 

goods vital to the U.S. economy. 

The ability to use a UAS to conduct Incident Assessment Flights, subject to the 

conditions and limitations proposed in this Petition, will enable railroads to have access 

to more complete data about incidents. This is because the scene of an incident often 

contains unknown or difficult-to-access terrain or structures, or unsafe structures, such 

as bridges, that may have been degraded by the incident. The ability to use UAS to 

develop data about the scene of an incident will ensure that railroads can gather the best 

possible information, which will enable them to develop a safe and effective 

response plan that minimizes the risk of harm to the general public and first responders. 

8.0 Granting an exemption will not adversely affect safety 

As the FAA has noted in its Exemption No. 11206 (BNSF Railway Company), manned 

aircraft conducting aerial surveying operations can weigh thousands of pounds or more 

and are operated by an onboard pilot, in addition to other crewmembers as necessary. 

Each of TTCI’s requested UAs weigh less than 8 pounds. The pilot and crew will be 

remotely located from the aircraft. The limited weight and construction reduces the 

potential for harm to persons or damage to property in the event of an incident or 

accident. The risk to an onboard pilot and crew during an incident or accident is 

eliminated with the use of a UAS for the proposed operations. 

Manned aircraft are at risk of fuel spillage and fire in the event of an incident or accident. 

The unmanned aircraft (UA) carries no fuel and therefore the risk of fire following an 

incident or accident due to fuel spillage is eliminated. 

The DJI Inspire 1, the DJI Phantom 3, and Stark Hx8 Coaxial Octocopter have the 

capability to operate safely after experiencing certain in-flight contingencies or failures 

and use an auto-pilot system to maintain UAS stability and control. They are also able to 

respond to a loss of GPS or a lost-link event with a pre-coordinated, predictable, 

automated flight maneuver. These safety features provide an equivalent level of safety 

compared to a manned aircraft holding a restricted airworthiness certificate performing a 

similar operation. 
TTCI contemplates conducting UAS operations either at TTC (a 52 square mile facility) 

or over other private or controlled access property, solely during daylight hours, at 

altitudes well below that which would pose a risk to other aircraft. UAS operations are 

intended to be conducted in areas away from congested areas. TTCI also plans to 

conduct UAS operations at least 5 nautical miles from any airport unless a letter of 

agreement with that airport’s management is obtained or otherwise permitted by a 

Certificate of Authorization (COA). 

All UA operations will be within visual line of sight (VLOS) of the PIC at all times and 

utilize a visual observer (VO) as detailed in the proposed operating conditions. 

9.0 Proposed operating conditions 

TTCI proposes to operate the DJI Inspire 1, the DJI Phantom 3, and Stark Hx8 Coaxial 

Octocopter in compliance with the following operating conditions: 

1. Part of TTCI’s proposed operation is to train railroad inspectors and incident first 

responders on integrating use of UASs into their procedures. 

a. Training flights will only be conducted at TTC. 

b. Trainees may be allowed to act as PIC, provided they meet all of the 

requirements in paragraphs 14 and 15 below. 

c. Any flights conducted with a non-TTCI employee or contractor as PIC 

will be conducted under supervision of a TTCI employee meeting the 

requirements of paragraphs 14 and 15. 

d. Any flights conducted with a non-TTCI employees or contractor as PIC 

will require a TTCI employee or contractor to act as a visual observer 

(VO) as defined in paragraph 7. 

2. Operations will be limited to the DJI Inspire 1, the DJI Phantom 3, and Stark Hx8 

Coaxial Octocopter 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. 

3. TTCI will conduct UAS operations either at TTC (a 52 square mile isolated 

facility) or over other private or controlled access property. All UAS operations 

will be conducted in areas away from congested areas. 
4. 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. 

5. The UA must be operated at an altitude of no more than 400 AGL. Altitude must 

be reported in feet AGL. 

6. 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. 

7. 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. 

8. Any exemption granted, and all documents needed to operate the UAS and 

conduct its operations in accordance with the conditions and limitations stated 

above, 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 any 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. 
9. 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. 

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

it is in a condition for safe operation. 

11. 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. 

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

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

components. 

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

safety bulletins. 

14. 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. 
15. 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 experiencebuilding 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. 

16. 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. 

17. 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. 

18. 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. 

19. 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. 

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

emergencies. 

21. 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. 
22. 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. 

23. 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. 

24. 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 GCS 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. 

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

activities at all times. 

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

27. 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, its payload, 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. 

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

nonparticipating persons under this exemption. 

29. The environmental sensor array payload will only be released with the aircraft on 

the ground. 
30. 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. 

31. 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. 

 
10.0 Summary for Federal Register publication 

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the 

Federal Register should the FAA determine that publication is needed: 

Petitioner: Transportation Technology Center, Inc. (TTCI) 

Sections of 14 C.F.R. Affected: 

14 C.F.R. Part 21, Subpart H 

14 C.F.R. §45.29 

14 C.F.R. §61.23(a) 

14 C.F.R. §61.101 (a) and (e) 

14 C.F.R. §61.113(a) and (b) 

14 C.F.R. §61.315 (a) and (c) (2) 

14 C.F.R. §91.7(a) 

14 C.F.R. §91.119(c) 

14 C.F.R. §91.121 

14 C.F.R. §91.151(a)(1) and (b) 

14 C.F.R. §91.405(a) 

14 C.F.R. §91.407(a) 

14 C.F.R. §91.409(a)(1) and (2) 

14 C.F.R. §91.417 (a) and (b) 

Description of Relief Sought: Petitioner seeks relief from the requirements of 

14 C.F.R. Part 21, Subpart H, §§45.29, 61.113(a), 61.101 (a) & (e), 61.113(a) & (b), 

61.315 (a) & (c) (2), 91.7(a), 91.119(c), 91.121, 91.121, 91.151(a)(1) and (b), 91.405(a), 

91.407(a), 91.409(a) (1) and (2), and 91.417 (a) to conduct UAS operations for 

development and demonstration of procedures to assist in the safe evaluation and analysis 

of railroad infrastructure and operations as well as initial assessment of derailments or 

other incidents. In addition TTCI intends operate UAVs for training of inspectors on 

particular inspection requirements and hazards associated with operating on railroad 

infrastructure as well as for training of first responders for integrating UAS operations 

into the procedures currently available for assessment of railroad incidents.