THIELSCH ENGINEERING, INC. 

195 Frances Avenue

 Cranston, RI 02910-2211

 Tel. (401) 467-6454

 Fax. (401) 467-2398

January 12, 2016

U.S. Department of Transportation, Docket Management System

West Building Ground Floor, Rm. W12-140

1200 New Jersey Ave., SE

Washington DC 20590

RE: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the 

Federal Aviation Regulations

Dear Sir or Madam:

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

and 14 CFR Part 11, Thielsch Engineering, Inc., hereby seeks an exemption from Federal 

Aviation Regulations (“FARs”) detailed below to allow commercial operation of Small Unmanned 

Aircraft Systems (“sUAS”), so long as such operations are conducted within and under the 

conditions outlined herein or as established by the FAA as required by Section 333.

Commercial operation of an UAS, as described herein, which is equipped with data collecting 

cameras and sensors, would proceed in the following manner:

• Aerial imagery/video for public and/or private use including real estate, architecture, land 

surveying, engineering and other related professional activities.

• Aerial inspection with camera and/or sensors of residential/commercial structures under 

contract with the owners and/or operators and/or governing authority.

• Aerial inspection of residential/commercial utility infrastructure including but not limited to 

electrical power lines, wind turbines and cell towers.

• Aerial imagery/video or providing live video feed to assist with search and rescue 

operations in cases of an emergency or natural disaster only when the local authorities 

or government has requested it by contract or donation.

• Training to persons individually or belonging 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 National Airspace System (NAS) as well 

as for the protection of the persons and property.
FAA Section 333 Exception Request 

January 12, 2016

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Thielsch Engineering, Inc. | 195 Frances Avenue, Cranston, Rhode Island 2

As described below, the requested exemption would permit the operation of a UAS under 

controlled conditions in the NAS that would be a) limited b) controlled c) predetermined d) will 

provide safer operations in the industry presently using either conventional aircraft or riskier 

human duties and e) more economical capture of above video/sensor data, allowing more of the 

public access to valuable data and resources. Approval of this exemption would thereby 

enhance safety through less risky data collection methods and would benefit the public in 

allowing them access to aerial data collection that would otherwise be cost prohibitive.

The name and address of the applicant is: 

Thielsch Engineering, Inc.

Attn: Wendy Kerkhoff

Email: Wkerkhoff@thielsch.com

Address: 195 Frances Avenue, Cranston, RI 02910

The sUAS

Unmanned Aircraft (UA):

• A lightweight (under 55 lb gross weight with all on-board equipment), multi-rotor craft 

that includes the following in-fight equipment:

o On-board flight computer with GPS navigation and location ability that receives 

signals for flight controls from a ground-based transmitter/controller.

o On-board camera capable of capturing imagery in the form of full color, high 

definition still photos and video and/or high-sensitivity (50mK) infrared thermal 

imaging.

o On-board telemetry system that delivers flight data from the on-board flight 

computer to the on-board radio transmitter including altitude AGL, horizontal and 

vertical speed, compass direction of flight and direction back to launch site.

o 2.4GHz on-board radio transmitter that transmits live video from the on-board 

camera plus all the flight data from the telemetry system.

Ground Station – Controller, Pilot in Command (PIC) and Visual Observer (VO)

• PIC in operational control of a flight from beginning to end and who controls the UA 

using Visual line of Sight (VLOS).

• 2.4GHz radio transmitter/controller operated by the PIC to control the UA while in flight.

• Radio receiver receiving live video and flight information from the on-board camera and 

computer and displaying onto a screen capable of being viewed by the PIC during flight.

• Visual Observer (VO) to provide a second pair of eyes to visually track the UA while in 

flight.
FAA Section 333 Exception Request 

January 12, 2016

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Thielsch Engineering, Inc. | 195 Frances Avenue, Cranston, Rhode Island 3

Regulations from which the exemption is requested:

14 C.F.R. 21

14 C.F.R. 45.23

14 C.F.R. 45.29

14 C.F.R. 61.3

14 C.F.R. 61.113(a) & (b)

14 C.F.R. 61.133(a)

14 C.F.R. 91.7(b)

14 C.F.R. 91.9(b)(2)

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)

14 C.F.R. 91.203(a) & (b)

14 C.F.R. 91.319(a)(1)

14 C.F.R. Subpart E (91.401 - 91.417)

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed for an equivalent or higher level of safety because 

operations will further enhance the safety of the persons and/or property using conventional 

manual methods or aircraft. These limitations and conditions to which the applicant agrees to 

adhere to when conducting commercial operations under the FAA issued exemption as set forth 

in the Flight Operations Manual (FOM) include: 

• The UAS will weigh less than 55 lbs.

• The UAS will have a maximum operating speed of no more than 55 mph.

• Flights will be operated within line of sight of the PIC and/or VO.

• Maximum flight time for each operational flight will be 20 minutes. Flights will be 

terminated at 25% battery power reserve or 20 minutes of flight time whichever occurs 

first.

• Flights will be operated at an altitude of no more than 400 feet Above Ground Level 

(AGL)

• Minimum crew for each operation will consist of the PIC, the VO and may include, but 

not limited to a Camera Operator.

• The UAS pilot will be a designated PIC and will take and pass all necessary certifications 

currently being approved by the FAA administration for commercial use.

• A pre-flight briefing will be performed regarding the planned UAS operations prior to 

each operation.

• All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) only.
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Thielsch Engineering, Inc. | 195 Frances Avenue, Cranston, Rhode Island 4

• The flights will occur no closer than a 5 mile radius of the geographic center/Airport 

Reference Point (ARP) of a tower controlled or uncontrolled airport. 

• If operations will be within a 5 mile radius of the geographic center/ARP of a tower 

controlled or uncontrolled airport the respective airports will be contacted advising them 

of the estimated flight time, flight duration, elevation of flight and other pertinent 

information.

• The operator will file FAA Form 7711-1, or its equivalent, as modified in light of the 

requested exemption, with the appropriate local Flight Standards District Office (FSDO) 

no more than 72 hours but no less than 48 hours from planned operation. The operator 

will obtain verbal/written consent of all persons involved with the planned operation and 

ensure that only consenting persons will be allowed within 100 feet of the flight 

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

safety determination, as required under the FOM. With the advanced permission of the 

FSDO, operations at closer range may be approved.

• The PIC and VO will have been trained in operation of UAS and receive up-to-date 

information for the particular UAS to be operated.

• The PIC and VO will be able to communicate by voice, radio, and/or text at all times.

• Written and/or verbal permission and permits will be obtained as necessary from 

territorial, state, county or city jurisdictions, including law enforcement, fire or other 

appropriate governmental agencies.

• If the UAS loses communication with the remote controller or loses GPS signal, the UAS 

will have the capability to return to a pre-determined “home” location within a designated 

location and land autonomously.

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

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the 

issuance of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and 

limited operating area associated with the aircraft to be utilized by the Applicant, an exemption 

from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part 11 

and Section 333 of the Reform Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 

333 of the Reform Act both authorize the FAA to exempt aircraft from the requirement for an 

airworthiness certificate, upon consideration of the size, weight, speed, operational capability, 

and proximity to airports and populated areas of the particular UAS. In all cases, an analysis of 

these criteria demonstrates that the UAS operated without an airworthiness certificate, in the 

restricted environment and under the conditions proposed will be at least as safe, or safer, than 

a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate 

without the restrictions and conditions proposed. The UAS to be operated hereunder is less 

than 55 lbs. (3 lbs.) fully loaded, carries neither a pilot nor passenger, carries no explosive 

materials or flammable liquid fuels, and operates exclusively within a secured and designated 

area. Unlike other civil aircraft, operations under this exemption will be tightly controlled and 
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Thielsch Engineering, Inc. | 195 Frances Avenue, Cranston, Rhode Island 5

monitored by both the operator and under the requirements and in compliance with local public 

safety requirements. The FAA will have advance notice of all operations. These safety 

enhancements provide a greater degree of safety to the public and property owners than 

conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 

21, Subpart H. Lastly, application of these same criteria demonstrates that there is no credible 

threat to national security posed by the UAS, due to its size, speed of operation, location of 

operation, lack of explosive materials or flammable liquid fuels, and inability to carry a 

substantial external load.

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

The regulation requires: When marks include only the Roman capital letter "N" and the 

registration number is displayed on limited, restricted or light-sport category aircraft or 

experimental or provisionally certificated aircraft, the operator must also display on that aircraft 

near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor 

more than 6 inches high, the words "limited," "restricted," "light-sport," "experimental," or 

"provisional," as applicable. Even though the UAS will have no airworthiness certificate, an 

exemption will be needed as the UAS will have no entrance to the cabin, cockpit or pilot station 

on which the word “Experimental” can be placed. Given the size of the UAS, two-inch lettering 

will be impossible. The word “Experimental” will be placed on the fuselage in compliance with 

§45.29 (f). The equivalent level of safety will be provided by having the UAS marked on its 

fuselage as required by §45.29 (f) where the pilot, observer and others working with the UAS 

will see the identification of the UAS as “Experimental.”

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

Pursuant to 14 CFR 61.113 (a) & (b), no person who holds a private pilot certificate may act as 

a pilot in command of an aircraft that is carrying passengers or property for compensation or 

hire. An equivalent level of safety can be achieved by current Regulations because the 

applicant’s UAS neither carry pilots or passengers nor property. The risks attendant to the 

operation of UAS is far less than the risk levels inherent in the commercial activities outlined in 

14 CFR 61. The operation and limitations set forth in the FOM will equate to the safe operation 

of the UAS.

14 C.F.R. §91.7(a): Civil Aircraft Airworthiness.

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

condition. As there will be no airworthiness certificate issued for the aircraft, should this 

exemption be granted, no FAA regulatory standard will exist for determining airworthiness. 

Given the size of the aircraft for maintenance, the operator’s understanding of operation, and 

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

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

Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft ... (2) For 

which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless 
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Thielsch Engineering, Inc. | 195 Frances Avenue, Cranston, Rhode Island 6

there is available in the aircraft a current approved airplane or Rotorcraft Flight Manual, 

approved manual material, markings, and placards, or any combination thereof. The UAS, given 

its size and configuration has no ability or place to carry such a flight manual on the aircraft, not 

only because there is no pilot on board, but because there is no room or capacity to carry such 

an item on the aircraft. The equivalent level of safety will be maintained by keeping the flight 

manual at the ground control point where the pilot flying the UAS will have immediate access to 

it.

14 C.F.R. § 91.103: Preflight Action.

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

safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an 

exemption will be needed. The PIC will take all actions as stated in the manufacturer FOM in the 

pre-flight inspection section, including but not limited to reviewing weather, flight battery 

requirements, landing and takeoff distances and aircraft performance data before initiation of 

flight.

14 C.F.R. §91.109: Flight Instruction.

Section 91.103 provides that no person may operate a civil aircraft (except a manned free 

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

controls. UAS and remotely piloted aircraft, by their design (most) do not have fully functional 

dual controls. Flight control is accomplished through the use of a control box that communicates 

with the aircraft via radio communications. The FAA has approved exemptions for flight training 

without fully functional dual controls for a number of aircraft and for flight instruction in 

experimental aircraft. The equivalent level of safety is provided by the fact that neither a pilot nor 

passengers will be carried in the aircraft and by the size and speed of the aircraft.

14 C.F.R. §91.119: Minimum Safe Altitudes.

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows 

helicopters to be operated at less than the minimums prescribed, provided the person operating 

the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this 

exemption is for a UAS that is a helicopter and the exemption requests authority to operate at 

altitudes up to 400 AGL, or not more than 200 above an elevated platform from which filming is 

planned, an exemption may be needed to allow such operations. As set forth herein, the UAS 

will never operate at higher than 400 AGL with the exception that in circumstances where the 

UAS is used to survey or photograph a structure whose height exceeds 400 feet AGL, the UAS 

will not be operated more than 200 feet above the highest point on the structure. It will however 

be operated in a restricted area with security perimeter, where buildings and people will not be 

exposed to operations without their pre-obtained consent. The equivalent level of safety will be 

achieved given the size, weight, speed of the UAS as well as the location where it is operated. 

No flight will be taken without the permission of the property owner or local officials. Because of 

the advance notice to the property owner and participants in the filming activity, all affected 

individuals will be aware of the planned flight operations. Compared to flight operations with 

aircraft or rotorcraft weighting far more than the maximum 55lbs. proposed herein and the lack 
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of flammable fuel, any risk associated with these operations is far less than those presently 

presented with conventional aircraft operating at or below 500 AGL. In addition, the low-altitude 

operations of the UAS will ensure separation between these UAS operations and the operations 

of conventional aircraft that must comply with Section 91.119.

14 C.F.R. §91.121 Altimeter Settings.

This regulation requires each person operating an aircraft to maintain cruising altitude by 

reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate 

altimeter setting available before departure.” As the UAS may not have a barometric altimeter, 

but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety

will be achieved by the operator, pursuant to the safety check list and live flight data monitoring, 

confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

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

Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane under VFR 

conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly 

to the first point of intended landing, and, assuming normal cruising speed – (1) During the day, 

to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.” 

The battery powering the UAS provides approximately 25 minutes of powered flight. To meet 

the 30 minute reserve requirement in 14 CFR §91.151, UAS flights would be limited to 

approximately 10 minutes in length. Given the limitations on the UAS’s proposed flight area and 

the location of its proposed operations within a predetermined area, a longer time frame for 

flight in daylight or twilight VFR conditions is reasonable. Applicant believes that an exemption 

from 14 CFR §91.151(a) falls within the scope of prior exemptions. Operating the UAS, in a 

tightly controlled area where only people and property owners or official representatives who 

have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not 

engender the type of risks that Section 91.151(a) was intended to alleviate given the size and 

speed of the small UAS. Additionally, limiting UAS flights to 10 minutes would greatly reduce the 

utility for which the exemption will be granted. Applicant believes that an equivalent level of 

safety can be achieved by limiting flights to 20 minutes or 25% of battery power— whichever 

happens first. This restriction would be more than adequate to return the UAS to its planned 

landing zone from anywhere in its limited operating area. 

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

The regulation provides in pertinent part: (a) Except as provided in § 91.715, no person may 

operate a civil aircraft unless it has within it the following: (1) An appropriate and current 

airworthiness certificate. . . . (b) No person may operate a civil aircraft unless the airworthiness 

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

§91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. 

The UAS fully loaded weighs no more than 55 lbs. and is operated without an onboard pilot. As 

such, there is no ability or place to carry certification and registration documents or to display 

them on the UAS. An equivalent level of safety will be achieved by keeping these documents at 
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Thielsch Engineering, Inc. | 195 Frances Avenue, Cranston, Rhode Island 8

the ground control point where the pilot flying the UAS will have immediate access to them; to 

the extent they are applicable to the UAS.

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections.

These regulations require that an aircraft operator or owner “shall have that aircraft inspected as 

prescribed in subpart E of this part and shall between required inspections, except as provided 

in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this 

chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43. Given 

that these section and Part 43 apply only to aircraft with an airworthiness certificate, these 

sections will not apply to the applicant. Maintenance will be accomplished by the operator 

pursuant to the flight manual and operating handbook. An equivalent level of safety will be 

achieved because the UAS is very limited in size and will carry a small payload and operate 

only in restricted areas for a limited period of time. If mechanical issues arise the UAS can land 

immediately and will be operating from no higher than 400 feet AGL. The operator will ensure 

that the UAS is in working order prior to initiating flight, perform required maintenance, and keep 

a log of any maintenance performed. Moreover, the operator is the person most familiar with the 

aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent 

level of safety. An equivalent level of safety will be achieved because maintenance and 

inspections will be performed in accordance with the UAS Manufacturer's User Manual. As 

provided in the FOM, the operator will ensure that the UAS is in working order prior to initiating 

flight and perform required maintenance needed.

The approval of this application presents no national security issues. Regarding the level of 

safety surrounding the proposed operations and the public benefit, reduction in environmental 

impacts, including but not limited to reduced emissions and noise, the grant of the requested 

exemption is in the public interest. Accordingly the applicant requests that the FAA grant the 

requested exemption with minimum delay.

Thank you for your consideration.

Sincerely,

THIELSCH ENGINEERING, INC.

Wendy Kerkhoff

Construction Testing Services