T4Industry Incorporated

7723 Falcon Rest Circle

Raleigh, NC 27615

September 8, 2015

U.S. Department of Transportation Docket Operations, M-30

1200 New Jersey Avenue, SE Room W12-140

West Building Ground Floor

Washington, DC 20590-0001

Petition for Exemption

T4Industry Incorporated for an 

Exemption Pursuant to Section 

333 of the FAA Modernization 

and Reform Act of 2012 to 

Operate an Unmanned Aircraft 

System

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 

C.F.R. Part 11, T4Industry Incorporated hereby applies for an exemption from the Federal Aviation 

Regulations identified below to allow for the commercial operation of the 3DRobotics X9 or similarly 

qualified unmanned aircraft, manufactured by 3D Robotics or other certified UAS meeting the criteria 

of “Operational Limitations” of this Part.

REGULATIONS FOR WHICH EXEMPTION IS REQUESTED

T4Industry Incorporated requests exemption from the following regulations: 

• 14 C.F.R Part 21, Subpart H; 

• 14 C.F.R Part 27; 

• 14 C.F.R § 45.23(b);

• 14 C.F.R. § 45.27(a); 

• 14 C.F.R § 61.113;
• 14 C.F.R § 91.7(a);

• 14 C.F.R § 91.9(b) (2);

• 14 C.F.R § 91.9(c); 

• 14 C.F.R § 91.103;

• 14 C.F.R § 91.109(a); 

• 14 C.F.R § 91.119; 

• 14 C.F.R § 91.121; 

• 14 C.F.R § 91.151(a) & (b)

• 14 C.F.R § 91.203 (a) & (b);

• 14 C.F.R § 91.405(a);

• 14 C.F.R § 91.407(a) (l);

• 14 C.F.R § 91.409(a) (2); 

• 14 C.F.R § 91.417 (a) & (b).

AUTHORITY FOR REQUESTED EXEMPTIONS

This petition for exemption is submitted in accordance with Section 333 of the Reform Act. The FAA 

Administrator is to permit operation of an unmanned aircraft system where it does not create a hazard 

to users of the national airspace system (NAS) or the public or pose a threat to national security based 

on the following considerations: 

• The size, weight, speed and operational capability; 

• Operation in proximity to airports and populated areas; and 

• Operation within visual line of sight of the operator. 

Furthermore, the Federal Aviation Act grants the FAA Administrator general authority to grant 

exemptions from the agency’s safety regulations and minimum standards when the Administrator 

decides a requested exemption is in the public interest. See 49 U.S.C. §§ 106(f), 44701-44716, et seq. A 

party requesting an exemption must explain the reasons why the exemption: (1) would benefit the 

public as a whole, and (2) would not adversely affect safety or how it would provide a level of safety at 

least equal to the existing rules. 14 C.F.R.

DESCRIPTION OF PROPOSED OPERATIONS 

T4Industry Incorporated is requesting exemptions from applicable Federal Aviation Regulations (FARs) 

pursuant to Section 333 of the Reform Act to perform UAS activities using the 3Drobotics x9 or similarly 

qualified UAS. Key areas of focus for T4Industry’s efforts are (I) on call operation to support response 

personnel (ii) aerial activities to raise industrial and commercial efficiency and cost reduction in 

inspection, estimation and repair activities; and (iii) enhanced visualization for commercial and 

recreational purposes.
Proposed Operations Demonstrate an Equivalent Level of Safety

1. General Description of Proposed Flight Operations 

T4Industry proposes to operate within the limitations and performance specifications prescribed 

by current regulation. The activities are summarized here and discussed in detail in the sections 

under exemption requests.

2. Unmanned aircraft systems

In order to minimize risk to the NAS or to persons and property on the ground:

Design and operational characteristics for the type(s) will be verified to conform to current CFR as 

stated in equivalent level of safety section B-E of this document. This will include aircraft 

markings, PIC qualifications, pre-flight briefs to include a job hazard and flight activity review,

environmental conditions, and property boundaries as applicable to the flight path.

3. Unmanned aircraft Pilot in Charge (PIC)

As described in Section B, PIC qualifications will be detailed and verified current in accordance 

with current FAA regulation. Section F specifies altitude restrictions and limitation to be observed

during activities and proximity to aviation locations/airport.

4. Aircraft and Support Equipment Operation

SPECIFIC FAR EXEMPTIONS REQUESTED

T4Industry Incorporated seeks an exemption from several interrelated provisions of 14 C.F.R. Parts 21, 

45, 61, and 91 for purposes of conducting the requested operations. Listed below are 

(1) The specific FAR sections for which exemption is sought, and

(2) The operating procedures and safeguards that T4Industry Incorporated has established which will 

ensure a level of safety equal to the rules from which exemption is sought.

14 C.F.R. Part 21, Subpart H – Airworthiness Certificates and 14 C.F.R. § 91.203(a)(1) The FAA has 

stated that no exemption is needed from this section if a finding is made under the Reform Act that the 

UAS selected provides an equivalent level of safety when compared to aircraft normally used for the 

same application. As UAS technology and capability progresses, T4Industry will change with it within 

the limitations set forth for under applicable CFR requirements for UAS vehicles and will verify with the 

supplier that the UAS employed meets all required airworthiness directives.

14 C.F.R. Part 27 Airworthiness Standards:

A. Normal Category Rotorcraft 14 C.F.R. Part 27 sets forth the procedural requirements for 

airworthiness certification of normal category rotorcraft. To the extent the selected would 

otherwise require certification under Part 27, T4Industry Incorporated seeks an exemption from 

Part 27’s airworthiness standards for the same reasons identified in the request for exemption from 

14 C.F.R. Part 21, Subpart H. C. 14 C.F.R. §§ 45.23(b), 45.27(a) and 91.9(c): Aircraft Marking and 

Identification Requirements 14 C.F.R. §45.23(b), 

14 C.F.R. §45.23(b), Markings of the Aircraft states the registration number is displayed on limited, 

restricted or light-sport category aircraft or experimental or provisionally certificated aircraft, the 

operator must also display on that aircraft at directed locations and in directed dimensions an N 

number identifying this unique aircraft.
Equivalent Level of Safety: T4Industry Incorporated will mark all UAS with their N Number in a 

prominent spot on the fuselage with markings that are “as large as practicable” rather than the 

specifications set forth in 14 C.F.R. § 45.27(a) and 14 C.F.R. §45.23(b).

B. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations restricts private pilots from flying 

aircraft for compensation or hire and would also require a second class medical certificate. 

T4Industry Incorporated seeks exemption from 14 CFR § 61.113, which as the UAS carries neither 

passengers nor cargo. It also seeks exemption of previously granted operator/PIC requirements as 

proposed rule and: 

Equivalent level of Safety: T4Industry will ensure its PIC or operator is fully qualified to operate 

the UAS selected for operations by

• review of operator knowledge of operating instructions provided by manufacturer/designer

• performing a preflight check of aircraft per applicable existing regulation

• Conduct a pre-flight brief among participants in the flight including PIC/operator, line of sight 

operator and personnel engaged in activities directly related to completion of flight activities 

as described in FR Doc No: 2015-03544 public guidance document. This defense in depth 

approach is used widely in industrial applications where personnel coordination and personnel 

risk factor highly in activity coordination.

Furthermore T4Industry will modify its PIC or operator qualifications and requirements to conform 

to the FAAs final ruling should any changes result. Current obligations will include possession of a 

recreational pilot’s license and successful passing of pilot physical

C. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness T4Industry Incorporated seeks an exemption from 

14 C.F.R. § 91.7(a), which requires that a civil aircraft be in airworthy condition to be operated. 

The FAA has stated that no exemption is required to the extent that the requirements of Part 21 

are waived or found inapplicable. Accordingly, T4Industry Incorporated requests that the 

requirements for Section 91.7 be treated in accordance with FAR Part 21 Subpart H. See Grant of 

Exemption No. 11062, p. 19. 

D. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft; 14 C.F.R. §§ 91.203(a) and (b): 

Carrying Civil Aircraft Certification and Registration Pursuant to 14 C.F.R. § 91.9(b)(2): (b) No 

person may operate a U.S.-registered civil aircraft - ... (2) For which an Airplane or Rotorcraft 

Flight Manual is required by § 21.5 of this chapter, unless there is available in the aircraft a current 

approved Airplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, 

or any combination thereof. Pursuant to 14 C.F.R. § 91.203(a) and (b): (a) except as provided in § 

91.715, no person may operate a civil aircraft unless it has within it the following: (1) an

appropriate and current airworthiness certificate... U.S. Department of Transportation December 

31, 2014 Page Twenty 20 sd-654307 (b) No person may operate a civil aircraft unless the 

airworthiness certificate required by paragraph (a) of this section or a special flight authorization 

issued under § 91.715 is displayed at the cabin or cockpit entrance so that it is legible to 

passengers or crew. T4Industry Incorporated does not request an exemption from this section but 

instead notifies the FAA that, in accordance with FAA Office of Chief Counsel’s Opinion dated 

August 8, 2014, the UAS flight manual, registration certificate and other documentation will be 

kept at the control station with the PIC/operator during flight. 

14 C.F.R. § 91.103: Preflight Action T4Industry Incorporated seeks an exemption from 14 C.F.R. § 

91.103, which requires a PIC to become familiar with specific information before each flight, 

including information contained in the FAA-approved Flight Manual on board the aircraft. The 

aircraft will not have a Flight Manual on board. The PIC will take all actions including reviewing 

weather, flight battery requirements, landing and takeoff distances and aircraft performance data 

before initiation of flight as described in Section C of this document requesting exemption from 

Private Pilot Limitations. Under these circumstances, the FAA has stated that no exemption is 
required. See Grant of Exemption No. 11062, p. 20. An exemption is requested to the extent that 

an FAA-approved Flight Manual is required. 

Equivalent Level of Safety: An equivalent level of safety will be provided by following the Manuals. 

The PIC will take all required preflight actions - including performing all required checklists and 

reviewing weather, flight requirements, battery charge, landing and takeoff distance, aircraft 

performance data, and contingency landing areas - before initiation of flight. The Manuals will be 

kept at the ground station with the operator at all times. 

E. 14 C.F.R. § 91.109(a): Flight Instruction T4Industry Incorporated seeks an exemption from 14 C.F.R. 

§ 91.109(a), which provides that “[n]o person may operate a civil aircraft (except a manned free 

balloon) that is being used for flight instruction unless that aircraft has fully functioning dual 

controls.” UASs and remotely piloted aircraft, by their design, do not have functional dual controls. 

Instead, flight control is accomplished through the use of Flight Control System/Ground Control 

Station (GCS) that communicates with the aircraft via radio communications. 

Equivalent Level of Safety: When flight instruction is performed, no pilots will be on the aircraft 

and the GCS will be a safe distance from the aircraft and the public, causing no hazard in the event 

that the aircraft experiences any difficulties during flight instruction. In addition, T4Industry 

Incorporated will conduct flight training at a remote facility away from population centers. 

F. T4Industry Incorporated requests an exemption from the minimum safe altitude requirements of 14 

C.F.R. § 91.119(c). Section 91.119(c) prescribes that an aircraft may not be operated closer than 

500 feet to any person, vessel, vehicle, or structure. Operational practices provide for operations 

away from congested populations areas on Sites, but in close proximity to industrial or commercial 

structures. The FAA has already determined that relief from Section 91.119(c) is warranted for UAS 

operations in uncongested areas with similar flight restrictions as those imposed by T4Industry 

Incorporated. 

Equivalent Level of Safety: Compared to flight operations with rotorcraft weighing far more than 

the maximum weights proposed herein, and given the lack of flammable fuel, any risk associated 

with these operations is far less than those that presently exist with conventional aircraft. An 

equivalent level of safety will be achieved given the size, weight, and speed of the utilized UAS, as 

well as the locations where and how it is operated. In order to avoid any risk to aircraft, flight 

operations will be restricted to 500 feet AGL or below except as described in the following:. The 

altitude of the aircraft is monitored in real time by the PIC/Operator and/or visual observer on the 

ground. Altitude exemption will only be applied when operational activities requires its operation 

in excess of Section 91.119(c) elevations. T4Industtry PIC and coordination personnel will conduct, 

as part of preflight checks, activities necessary to ensure preflight plans include a flight path 

where operation in excess of the standard in minimized and identification of nearby airports. 

Given the scope of expected operations, operation in proximity to the current airport requirements 

distance will not be achieved.

G. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

Equivalent Level of Safety: The FAA has stated that an equivalent level of safety is provided if 

the UAS flight is conducted under daytime VFR flight conditions using VLOS, and terminated 

with at least 10% reserve battery power still available. Automatic return to launch will be 

enabled to avoid adverse issues associated with loss of battery power.

H. 14 C.F.R. §§ 91.405(a), 91.407(a)(l), 91.409(a)(2); 91.417(a) and (b): Maintenance Inspections

Requirements contained in 14 C.F.R. § 91.405(a), 91.407(a) (l), 91.409(a) (2); 91.417(a) and (b) 

specify maintenance and inspection standards in reference to 14 C.F.R. Part 43. An exemption 
from these regulations is requested as Part 43 and these sections only apply to aircraft with an 

airworthiness certificate, which the UAS will not have.

Equivalent Level of Safety: An equivalent level of safety will be achieved because maintenance 

and inspections will be performed in accordance with pre- flights checks specified by the 

manufacturer and carried out as part of a formal checklist. 

PUBLIC INTEREST 

Granting T4Industry’s exemption furthers the public interest. National policy set by Congress 

favors early integration of UAS into the NAS in controlled, safe working environments. It will 

also enhance the detail and methodology of recreational areas such as golf courses and boating 

venues, creating an even more eye appealing atmosphere to increase sales and economic 

benefit. By granting this petition, the FAA will fulfill Congress’s intent of allowing UAS to 

operate safely in the NAS before completion of the rulemaking required under Section 332 of 

the Reform Act.

SUMMARY FOR FEDERAL REGISTER 

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

Register, should it be determined that publication is needed: T4Industry Incorporated seeks an 

exemption from the following rules for the commercial operation of a small unmanned aerial system to 

inspect wind turbine blades and towers for the renewable energy industry: 14 C.F.R Part 21, Subpart H; 

14 C.F.R Part 27; 14 C.F.R § 45.23(b); 14 C.F.R. § 45.27(a); 14 C.F.R § 61.113; 14 C.F.R § 91.7(a); 14 

C.F.R § 91.9(b)(2); 14 C.F.R § 91.9(c); 14 C.F.R § 91.103; 14 C.F.R § 91.109(a); 14 C.F.R § 91.119; 14 

C.F.R § 91.121; 14 C.F.R § 91.151(a) & (b) 14 C.F.R § 91.203 (a) & (b); 14 C.F.R § 91.405(a); 14 C.F.R § 

91.407(a)(l); 14 C.F.R § 91.409(a)(2); 14 C.F.R § 91.417 (a) & (b). The exemption will enhance 

commercial and industrial capabilities and efficiency, and enhance the viewer experience in the areas 

of recreation.

Respectfully submitted, 

Scott Loose

President, T4Industry Incorporated