October 1, 2015

Exemption No. 13056

Regulatory Docket No. FAA−2015−2877

Mr. Thomas Gregory

T&N Professional Services

30 Wingspan Drive

Spring, TX 77381

Dear Mr. Gregory:

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 June 10, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of T&N Professional Services (hereinafter petitioner or operator) for an exemption. 

The petitioner requested to operate an unmanned aircraft system (UAS) to conduct aerial 

photography.

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

the regulations that the petitioner seeks an exemption.

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

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

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

Airworthiness Certification

The UAS proposed by the petitioner is a DJI Phantom 3.

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

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

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

consideration of the size, weight, speed, and limited operating area associated with the 
2

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

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

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

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

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection1. The FAA has issued grants of 

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

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

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

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

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

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

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

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

by this exemption is in the public interest.

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

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

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

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

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest.

Our Decision

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

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

delegated to me by the Administrator, T&N Professional Services 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.

 

1 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

Conditions and Limitations

In this grant of exemption, T&N Professional Services 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 DJI Phantom 3

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

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

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

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

exemption holder may use either groundspeed or calibrated airspeed to determine 

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

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

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

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

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

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

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

U.S. driver’s license.

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

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

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

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

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

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

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

required of the VO.

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

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

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

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

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

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

the conditions and limitations herein take precedence and must be followed. 
4

Otherwise, the operator must follow the procedures as outlined in its operating 

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

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

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

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

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

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

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

UAS Integration Office (AFS−80) may be contacted if questions arise regarding 

updates or revisions to the operating documents.

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

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

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

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

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

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

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

in a condition for safe operation.

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

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

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

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

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

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

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

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

aircraft components.

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

safety bulletins.

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

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

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

state, the District of 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 
5

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 

intended operation and to operate after that for at least 5 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 enclosed 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 
6

(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.

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.
7

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.

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

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

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

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

must include at least the following:

a. Dates and times for all flights;

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

under this grant of exemption;

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

the UAS;

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

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

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

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

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

g. Signature of exemption holder or representative; and

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

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

essential to accomplish the operation.

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

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

exemption holder’s MPTOM.

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

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

parts 45, 47, 61, and 91.

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

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosure
T & N Professional Services LLC

dba Precision Property Inspections

30 Wingspan Drive

Spring, TX 77381

timou@comcast.net

832-515-4646

June 10, 2015

US Department Of Transportation

Federal Aviation Administration

800 Independence Ave SW T & N Professional Services, LLC

Washington DC 20591

Dear Sir or Madam:

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

reform act) and CFR Part 11, T & N Professional Services LLC, dba Precision 

Property Inspections, owner and operator of Small Unmanned Aircraft Systems 

(UASs), request to be exempted from the Federal Aviation Regulations (FAR) 

listed below so that T & N Professional Services LLC may operate UASs 

commercially in airspace regulated by the FAA., as long as such operations are 

conducted within and under the conditions outlined herein or as maybe 

established by the FAA as required by Section 333.

 T & N Professional Services LLC is co-owned by Thomas (Tim) Gregory and 

Nancy Gregory. Both have Texas Drivers licenses. Mr. Gregory has a private 

pilot’s license and will be the PIC. All operations will be performed with the 

public’s safety and right to privacy safe guarded at all times. 

 As described below, the requested exception would permit the operation of light 

weight (less than 55 lbs. total takeoff weight) UASs under controlled conditions 

for commercial use by a certified private pilot thereby enhancing safety and 

fulfilling the Secretary of Transportation’s ( the FAA Administrator’s) responsibility 

to” establish requirements for safe operation of such aircraft systems in national 

airspace systems.” Section 333(c), of the Reform Act. 
 T & N Professional Services LLC UAS is a rotorcraft weighing less than 55 

pounds including payload. (The DJI Phantom 3 Quad Copter) It operates at a 

speed less than 50 knots and has the capability to hover and move in the vertical 

and horizontal plane simultaneously. It has an auto return mode that can be 

activated from remote control or is automatic when battery power is under 25%, if 

signal is lost between remote control and UAS or multiple GPS signals are lost.

The UAS will operate within the line of sight with in a protected flight area as 

described below and at 200 feet AGL or less with an observer located close at 

hand as to make voice communication possible. These operations will not create 

a hazard to users of the nation airspace, public nor the environment.

 T & N Professional Services LLC respectfully requests the grant of an exception 

to the following specific sections of the Title 14 Code of Federal regulations 

allowing it to operate lightweight UASs for commercial use,

 14 CFR 21, subpart H, 14 CFR 45.23 (b) 14 CFR 91.7 (a), 91.9 (b) (2) 

91.103 (b), 91.109, 91.119, 91.121,91.151,(a), 91.203(a) 

&(b),91.405(a),91.407(a)(1), 91.409(a)&(b).

 T & N Professional Services LLC submits this application in accordance with the 

Reform Act ,112 P.L. 95 331-334, seeking relief from any currently applicable 

FAR’S operating to prevent T & N Professional Services LLC future commercial 

use of small UASs to operate in the national airspace system as described 

below. The reform Act section 332 provides for such integration of civil 

unmanned aircraft into our national airspace system as it is in the public’s interest 

to do so. T & N Professional Services LLC UAS meets the definition of “small 

unmanned aircraft” as defined in Section 331 and therefor the integration of 

these UASs are expressly contemplated by the Reform Act. T & N Professional 

Services LLC would like to operate its light weight UAS prior to the time period by 

which the Reform Act requires the FAA to promulgate rules governing such 

aircraft.

 The Reform Act directs the Secretary of Transportation to consider whether 

certain unmanned aircraft systems may operate safely in national airspace 

before completion of the rule making required under Section 332 of the reform 

Act. In making this determination, the Secretary of Transportation is required to

determine which UASs do create a hazard to users of the national airspace 

system or the public or pose a threat to national security in light of the following:

 The UASs size, speed, weight and operational capability

 Operation of the UASs in close proximity to airports and populated areas

 Operation of the UASs within visual line of sight of the operator

 Reform Act 333(a). If the secretary determines that such vehicles “may operate 

safely in National Airspace System, the secretary shall establish requirements for 

the safe operation in national airspace.
 T & N Professional Services LLC will operate rotorcraft weighing less than 55 lbs.

and operate at speeds less than 50 knots and have the capability to operate in 

the vertical and horizontal plane simultaneously. The UAS will operate only 

within the line of sight of the operator within a protected flight area and at 200 

feet AGL or less. These will not present a hazard to the national airspace nor the 

public.

The very small nature of these UASs combined with the safe guards presented 

below, will allow for the safe operation greater than that envisioned by Congress 

for the FAA to establish and by exemption allow commercial operations of UASs 

to commence immediately. Also due to the size of UASs and the areas and 

altitudes they will operate approval of this exception presents no national security 

issues and absolutely minimal safety concerns which have been mitigated 

through our rigorous risk management process. Given the clear direction given in 

Section 333 of the Reform Act, the authority contained in the Federal Aviation 

Act, as amended, the strong equivalent level of enhanced safety, reduced 

emissions utilizing UASs verses traditional aircraft as well as the economic 

impact of greatly reducing the cost of aerial photography thereby benefiting the 

greater public’s interest. Accordingly, the applicant requests that the FAA grant 

the requested exemption without delay.

 The following will be considered as the binding limitation on operations of T & N 

Professional Services LLC.

1. Flights will only occur in the day time hours,

2. Flights will be operated in the line of sight of the operator( PIC) and 

Observer,(VSO)

3. Flights will be terminated at any time weather and wind deteriorate to “unsafe 

for flight” by manufacturers recommendations,

4. The UAS will weigh less that 55 lbs., 

5. Flights will be operated at 200 feet AGL or less. 

6. Crew will be at a minimum of operator(PIC) and an observer and/or camera 

operator(VSO),

7. Operator and crew will remain in contact during the flight operation,

8. The UAS operator will perform a check of the flight area and make certain of 

the safety of all persons in the area,

9. Consent will be obtained from all persons with in the video capabilities of the 

units to further reduce the chance of violating anyone’s privacy. 

10.All required FAA clearances, will be obtained and distances from airports 

strictly observed. 

11.All UAS will have the capability to return automatically to the operator in a safe 

manner with the auto return function checked and working. 

12.Flights will only operate in VFR conditions.

13.UAS has a function on the control to tell operator the distance away from the 

operator and its battery power remaining.

14.Flight team will communicate by voice and the use of two-way radio if the area 

is too big to hear voice from all team members.
15.When operating over or near a body of water the UAS will be equipped with 

flotation devices so that recovery can be made as to prevent lithium battery 

exposure to the water table.

14 CFR part 21 Subpart H: Airworthiness Certificate 14 CFR 91.7(a), 91.203(a)(1)

 Subpart H, entitled Airworthiness Certificates, sets forth requirements for 

procurement of necessary certificates in relation to FAR 91.203(a)(1). The size, 

weight and defined area of operations for T & N Professional Services LLC UAS

flights permits exception from Part 21 because they meet an equivalent level of 

safety pursuant to Section 333 of the Reform Act. The FAA is authorized to 

exempt aircraft from the airworthiness certificate requirement under both the Act 

(49 USC 4470(f) and Section 333 of the Reform Act. Both pieces of legislation 

permit the FAA to exempt UASs from airworthiness certificates in consideration 

of weight, size, speed, maneuverability and proximity to areas such as airports 

and dense populations. T & N Professional Services LLC meets or exceeds each 

of these elements

As of March 23, 2015 the FAA has stated that it will automatically grant a

“blanket” COA for flights at or under 200 AGL to any UASs operator with a 

section 333 exemption.

 14 CFR 91.203(a&b) provides for carrying of civil aircraft certifications and 

registrations. These are inapplicable for the same reasons stated above. Any 

certifications and registration information will be maintained at the corporate 

address.

 14CFR91.7 (a) prohibits the operation of an aircraft without an airworthiness 

certificate. As no such certificate will be applicable in the form contemplated by 

FAR’s this regulation is inapplicable.

 14 CFR 91.9(b)(2) requires an aircraft flight manual in the aircraft. As there are 

no pilots or passengers, and given the size of the UAS this regulation is 

inapplicable

The FAA has previously issued exemptions to this regulation in Exemptions No’s 

8607,8737,8738,9299,9299A,9565,9565B,10167,10167A,10602,10700 and 

32827.

14 CFR 91.119 Minimum safe altitudes, prescribes safe altitudes for operation of 

civil aircraft. It allows helicopters to be operated at lower altitudes in certain 

conditions. T & N Professional Services LLC will only operate its UAS at or below 

200AGL. It will be operated on a will defined AOR that has been carefully 

reviewed for hazards and minimizes the presence of any persons not essential for 

these operations. Flights will only be over private property that the owner has

consented and all persons within this video area also give consent for this filming. 

Compared to flight operations of conventional and traditional aircraft or rotorcraft 
weighing far more than 50 lbs., operating below 500 AGL with flammable fuel 

UASs operations present a far smaller risk to the public.

Approval of these 333 Exemptions allowing commercial operations of small UASs 

in the service of aerial photography will greatly enhance safety by reducing the 

overall risk associated with traditional aircraft. Traditional aerial photography 

requires large aircraft with flammable fuel to fly in close proximity of populated 

areas and people in general. With the use of small UASs of 55 lbs. or less, battery 

operated and fling below 200 feet AGL the risk of injury of people on the ground or 

the crew has been reduced or almost erased. The granting of the use of these 

small UAS by T & N Professional Services LLC will give the people and business 

another avenue to express themselves and to have a video record to share with 

clients, family and or friends.

Granting T & N Professional Services LLC the above exemption will allow for the 

expansion of UAS systems into the future for the safe conduct of free enterprise

and the enjoyment of the masses.

T & N Professional Services LLC, dba Precision Property Inspections, respectfully 

requests the FAA grant its exception without delay. The FAA has the authority to 

issue the exemption sought by T & N Professional Services LLC pursuant to the 

Federal Aviation Act, 85 P.L. 726 (1958) as amended (the ACT).



Sincerely,

Thomas (Tim) Gregory

T & N Professional Services LLC

30 Wingspan Drive

Spring, TX 77381

timou@comcast.net