June 23, 2015

Exemption No. 11869

Regulatory Docket No. FAA–2015–0609

Mr. Raymond Apruzzese

Project Controls Manager

Yonkers Contracting Co., Inc.

969 Midland Avenue

Yonkers, NY 10704

Dear Mr. Apruzzese:

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 March 5, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Yonkers Contracting Co., Inc. (hereinafter petitioner or operator) for an exemption. 

The exemption would allow the petitioner to operate an unmanned aircraft system (UAS) to 

conduct aerial imaging.

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 Walkera - TALI H500.

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

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

meets the conditions of Section 333. Therefore, the FAA finds that 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 collection. 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, Yonkers Contracting Co., Inc. is granted an exemption 

from 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 

91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) 

and (b), to the extent necessary to allow the petitioner to operate a UAS to perform aerial data 

collection. This exemption is subject to the conditions and limitations listed below.

Conditions and Limitations

In this grant of exemption, Yonkers Contracting Co., Inc. is hereafter referred to as 

the operator.
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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 Walkera - TALI 

H500 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. 

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 
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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 

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 
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(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 attached COA.

22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.
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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.

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

as documented in this grant of exemption.
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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.
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This exemption terminates on June 30, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
01-ID o Yonkers Contrac-t-i'ng Inc. 

Building Quality for Qver 65 Years 969 Midland A venue Yonkers, NY 10704 Te1914. 965.1500 Fax 9 14. 318. 8883 

0 

March 5, 2015 

U.S. Department of Transportation, Docket Operations 

West Building Ground Floor, Roorn W12-140 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

RE: Submission to FAA Exemption Request 

- Small Unmanned Aircraft Systems (sUAS) 

Dear Sir or Madam: 

Attached please find the Yonkers Contracting Company, Inc. (YCC) request for an exemption 

from the listed Federal Aviation Regulations to allow commercial operation of its Small 

Unmanned Aircraft System (sUAS). The purpose of this request is to allow for aerial imaging 

as required under awarded contracts by agencies such as the New York State Department of 

Environmental Protection (NYSDEP) as well as for safety and monitoring of secured 

construction sites. This exemption request is specific for the use of the sUAS manufactured by 

Walkera - TALI HSO0. 

Also attached you will find the Walkera TALI HS00, DEVO F12E, Settings Manual, which 

outlines the Radio Settings specific to Senser View - Displaying Data such as Timer, Horizontal 

Distance, Altitude Display, Move Speed Display, Longitude Display and Latitude Display - All 

useful in safe and controlled operation of the sUAS. 

Thank you for your consideration, and please let me know if you have any questions. 

Sincerely, 

~ 

RayApruzzese 

Yonkers Contra cting Co., Inc. 

Project Controls Manager 

sUAS Operator 

1 AST 

~ 

.,.,~ , 
OF-ID . 

~ Yonkers Contrac-t-ing Company, inc. 

Building Qual'rty for Over 65 Years 969 Midland Avenue Yonkers, NY 10704 Tel 914.965. 1500 Fax 914.378.8883 

March 5, 2015 

U.S. Department of Transportation, Docket Operations 

West Building Ground Floor, Room W12-140 

1200 New]erseyAvenue, SE 

Washington, DC 20590 

RE: Submission to FAA - Exemption Request 

- Small Unmanned Aircraft Systems (sUAS) 

Section 333 of the FAA Reform Act and Part 11 of t he Federal Aviation Regulations from 

14 CFR 

Dear Sir or Madam: 

In regard to Section 333 of the FAA Reform Act and 14 CFR of the Federal Aviation Regulations, 

Yonkers Contracting Company, Inc. (YCC), the operator of the Walkera TALI HSO0 (TALI HSO0) 

Small Unmanned Aircraft System (sUAS), seeks an exemption from the Federal Aviation 

Regulations (FARs) listed below. 

The requested exemption would permit YCC to operate their TALI HSO0 for aerial imaging as 

required under awarded contracts by agencies such as the New York State Department of 

Environmental Protection (NYSDEP) as well as aerial imaging for safety and monitoring of 

secured construction sites. With the landowner's permission, the TALI HSO0 uses a mounted 

camera to capture high quality digital images. Use of the sUAS for aerial imaging reduces the 

need to operate conventional aircraft for the same purpose and provides very high quality 

imaging at a fraction of the cost. These savings result in enhanced efficiency and productivity 

for the affected activities, as well as environmental benefits. 

Operations under the exemption will be subject to strict operating requirements and 

conditions to ensure at least an equivalent level of safety to currently authorized operations 

using manned aircraft and under conditions as may be modified by the FAA as required by 

Section 333. 

As described below, the requested exemption would authorize commercial operations of aerial 

imaging using the sUAS, which at less than S lbs, is small in size. The sUAS will be operated 

1 
under controlled conditions at low altitude in airs 

automated control features, as described below. I 

pace that is limited in scope; it will have 

n an effort to reduce risk and retain 

operation quality control. 

YCC will utilize this sUAS in lieu of comparatively hazardous operations now conducted with 

fixed wing and rotary conventional aircraft, the FAA can have confidence that the operations 

will achieve at least an equivalent level or greater level of safety. Approval of this exemption 

would thereby enhance safety and fulfill the Secretary of Transportation's (the FAA 

Administrator's) responsibilities under Section 333(c) of the Reform Act to "establish 

requirements for the safe operation of such aircraft systems in the national airspace system 

(NAS)o 

The name and address of the applicant are: 

Yonkers Contracting Company, Inc. 

Raymond M. Apruzzese 

914-965-1500 x772 

rapruzzese@yonkerscontractingco.com 

969 Midland Avenue 

Yonkers, NY 10704 

The FARs from which the exemption is requested are as follOws: 

14 C.F.R. 45.23(b); 

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

14 C.F.R. 61.133(a); 

14 C.F.R. 

14 C.F.R. 

14 C. F. R. 

14 C. F. R. 

14 C.F.R. 

14 C.F.R. 

91.7(a); 

91.9 (b) (2); 

91.109(a); 

91.119; 

91.151(a); 

Part 21; 

14 C.E.R. 91.203(a) & (b); 

14 C.F.R. 91.405(a); 

14 C.F.R. 91.407(a)(1); 

14 C.F.R. 91.409(a)(2); 

14 C.F.R. 91.417(a). 

Each regulation is explained below as to why exemptions have been requested and how each is 

appropriate. Also, how YCC can provide an equivalent level of safety as required for the 

operator, those observing operations as well as the public. 

THE APPLICABLE LEGAL STANDARD UNDER SECTION 333 

YCC submits that grant of this exemption application for use of the TALI HSO0 in 

aerial imaging in accordance of the law which directs the Secretary of Transportation to 

consider whether certain sUAS may operate safely in the NAS before completion of the 

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rulemaking required under Section 333 of the Reform Act. In making this determination, the 

Secretary is required to determine which types of sUAS do not create a hazard to users of the 

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

• The sUAS size, weight, speed, and operational capability; 

• Operation of the sUAS in close proximity to airports and populated areas; 

• Operation of the sUAS within visual line of sight of the operator. 

Reform Act § 333(a)(1). If the Secretary determines that such vehicles "may operate safely in 

the national airspace system, the Secretary shall establish requirements for the safe opera 

of such aircraft in the national airspace system." Id. §333(c). The Federal Aviation Act 

expressly grants the FAA the authority to issue exemptions. This statutory authority, by it: 

tion 

terms, includes exempting civil aircraft, as the term is defined under §40101 of the Act, from 

the requirement that all civil aircraft must have a current airworthiness certificate and those 

1 

regulations requiring commercial pilots to operate aircraft in commercial service: The 

Administrator may grant an exemption from a requirement of a regulation prescribed under 

subsection (a) or (b) of this section or any of sections 4470244716 of this title if the 

Administrator finds the exemption is in the public interest. 

The grant of the requested exemption is in the public interest based on the clear direction in 

Section 333 of the Reform Act; the additional authority in the Federal Aviation Act, as 

amended; the strong equivalent level of safety surrounding the proposed Operations; and the 

significant public benefit, including enhanced safety and cost savings associated with 

transitioning to sUAS for aerial imaging. Accordingly, the applicant respectfully requests that 

the FAA grant the requested exemption without delay. 

Mandatory Operating Conditions 

Grant of the exemption to YCC will be subject to the following mandatory conditions, which are 

based upon operating conditions set forth for operation of sUAS by public entities pursuant to 

Certificates of Authorization, with additional restrictions: 

• All operations to occur in Class G airspace 

• Operations to be conducted over private or controlled-access property 

• Permission frorn land owner/controller required before commencing any flight 

• Operations to occur during Visual Flight Rules Meteorological Conditions (VMC) 

• Aircraft to remain within Visual Line of Sight (VLOS) 

o VLOS guaranteed with a cylinder of operation around operator of 1/a nautical miles 

(NM) 

• Above Ground Level (AGL) altitude to be restricted to 400 feet 

• All operations conducted in vicinity of airport to remain more than 2.5 NM from 

centerline azimuth of runway centerline measured from runway thresholds 

• All required permissions and permits will be obtained from territorial, state, county or 

city jurisdictions, including local law enforcement, fire, or other appropriate 

governmental agencies 

operator Requirements 

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YCC respectfully proposes that operator requirements should take into account the 

characteristics of the particular sUAS. Certain sUAS, such as the YCC TALI HSO0, are 

characterized by a high degree of pre-programmed control and various built-in technical 

capabilities that limit the potential for operation outside of the operating conditions set forth 

above. 

The TALI HSO0 flights can be pre-programmed with precision GPS guidance and do not require 

human intervention. In the case of unplanned events, the aircraft will follow p-programmed 

maneuvers including the initiation of holding at present position; Fail Safe-Return to Home 

(RTH) and climb to an elevation of 15m, return to the launch point and land safely. Additional 

automated safety functions and safety enhancing features of the TALI HSO0 include the 

following: 

• Detection of lost GPS or radio signal from transmitter will initiate RTH. 

• Low power warning; the radio start buzzing and shaking when you have 2 minutes of 

flight time remaining on the HSO0 battery. 

• The aircraft, weighing less than 101bs., fully loaded, is constructed of EPP foam, or 

similar material which is intended to absorb impact energy. 

Given these safety features, YCC proposes that operators of the TALI HSO0 should not be 

required to hold a commercial or private pilot certification. 

Federal Aviation Regulations - Exemption detail 

YCC requests an exemption from the following regulations as well as any additional 

regulations that may technically apply to the operation of the TALI HSO0: 

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

The regulation provides: 

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," "lightsport," "experimental," or "provisional," as applicable. 

The TALI HSO0 has no entrance to the cabin, cockpit, or pilot station on which the word 

"Experimental" can be placed. Given the size of the sUAS, two-inch lettering will be impossible. 

The word "Experimental" will be placed on the forward fuselage in compliance with § 4529(f). 

The equivalent level of safety will be achieved by having the TALI HSO0 marked on its forward 

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

will see the identification of the sUAS as "Experimental." The FAA has issued the following 

exemptions to this regulation to others, including Exemption Nos. 8738, 10167 and 10167A. 

~~ ,
14 C.F.R. § 61.113(a) &(b); 61.133(a): Private Pilot Privileges and Limitations; Pilot in 

Command; Commercial Pilot Privileges and Limitations. 

Section 61.113 (a) &. (b) limit private pilots to non-commercial operations. Unlike a 

conventional aircraft that carries a pilot, passengers, and cargo, the TALI HSO0 in this case is 

remotely controlled with no passengers or property of others on board. Section 61.133 (a) 

requires an individual with a commercial pilot's license to be pilot in command of an aircraft 

for compensation or hire. YCC respectfully proposes that operator requirements should take 

into account the characteristics of the particular sUAS. Certain sUAS, such as the YCC TALI 

HSO0, are characterized by a high degree of pre-programmed control and various built-in 

technical capabilities that limit the potential for operation outside of the operating conditions 

set forth above. 

The TALI HSO0 flights can be pre-programmed with precision GPS guidance and do not require 

human intervention. In the case of unplanned events, the aircraft will follow p-programmed 

maneuvers including the initiation of holding at present position; Fail Safe-Return to Home 

(RTH) and climb to an elevation of 15m, return to the launch point and land safely. Additional 

automated safety functions and safety enhancing features of the TALI HSO0 include the 

following: 

• Detection of lost GPS or radio signal from transmitter will initiate RTH. 

• Low power warning; the radio start buzzing and shaking when you have 2 minutes of 

flight time remaining on the HSO0 battery. 

• The aircraft, weighing less than 10 lbs., fully loaded, is constructed of EPP foam, or 

similar material which is intended to absorb impact energy. 

Given these safety features, YCC proposes that operators of the TALI HSO0 should not be 

required to hold a commercial or private pilot certification. 

Given these conditions and restrictions, an equivalent level of safety will be provided by 

allowing operation of the TALI HSO0 without a private pilot's certificate or a commercial pilot's 

certificate, under the conditions set forth herein. 

The risks associated with the operation of the TALI HSO0 (given its size, speed, operational 

capabilities, and lack of combustible fuel) are so diminished from the level of risk associated 

with private pilot operations or commercial operations contemplated by Part 61 with 

conventional aircraft (fixed wing or rotorcraft), that allowing operations of the sUAS as set 

forth above meets or exceeds the present level of safety provided under 14 C.F.R. § 61.113(a) & 

(b) and does not rise to the level of requiring a commercial pilot to operate the aircraft under § 

61.133(a). 

14 C.F.R. § 91.7(a): Civil aircraft airworthiness. 

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

condition. Should the exemption be granted allowing commercial operation of the TALI HSO0 

without an airworthiness certificate, no standard will exist for airworthiness of the TALI HSO0. 

Given the size of the aircraft and routine pre-flight inspection before flight, an equivalent level 

of safety will be achieved. 

5 
14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft. 

The regulation provides: 

No person may operate a U.S h an 

unless 

.-registered civil aircraft ... (2) For whic 

Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, 

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

Manual, approved manual material, markings, and placards, or any combination 

thereof. 

Given the size and configuration of the TALI HSO0, it 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 

achieved by keeping the flight manual at the ground control point where the pilot flying the 

sUAS will have immediate access to it. The FAA has issued to others the following exemptions 

to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 

10167A,10602, 32827, and 10700. 

14 C.F.R. § 91.109(a) & 91.319(a)(1): Flight Instruction 

These regulations provide 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. The TALI HSO0 is a remotely piloted aircraft and by design, does 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. An equivalent level of safety will be 

assured. The FAA has approved exemptions for flight training without fully functional dual 

controls for a number of aircraft and for fl~~ht instruction in experimental aircraft. See 

Exemption Nos. 5778K & 9862A. 

14 CFR § 91.119: Minimum Safe Altitudes 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, 91.119(c) 

limits aircraft flying over areas other than congested areas to 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. 

As set forth herein, the TALI HSO0 will never operate at higher than 400 feet AGL. It will, 

however, be operated to avoid congested or populated areas. Because aerial imaging work 

must be accomplished at relatively low altitudes and at altitudes less than 500 feet AGL, an 

exemption from Section 91.119 (c) is needed. The equivalent level of safety will be achieved 

given the size, weight, speed, and material with which the TALI HSO0 is built. Also, no flight 

will be taken without the permission of the land owner or those who control the land. Because 

of the advance notice to the landowner, all affected individuals will be aware of the flights. 

Compared to aerial imaging operations conducted with aircraft or rotorcraft weighing far 

more than 10 lbs. and carrying flammable fuel, any risk associated with these operations will 

be far less than those currently allowed with conventional aircraft operating at or below 500 

feetAGL. Indeed, the low-altitude operations of the sUAS will maintain separation between 

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these sUAS operations and the operations of conventional aircraft that must complywith 

Section 91.119. 

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

This regulation 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 ofintended 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 TALI HSO0 batteries provide approximately 25 minutes of powered flight. Without an 

exemption from § 14 CFR 91.151, the limitations proposed would greatly reduce its utility. 

Given the type of operation, as well as the rural location of those proposed operations, a longer 

time frame for flight in daylight VFR conditions is reasonable. Additionally, given the proposed 

VLOS restriction, the aircraft would always be well within 5 minutes of its landing position. 

Finally, recognizing its weight and construction material, the risks are less than contemplated 

by the current regulation. 

YCC believes that an exemption from 14 CFR § 91.151(a) is safe and within the scope of a prior 

exemption. See Exemption 10673. Operating the sUAS, without 30 minutes of reserve fuel does 

not engender the type of risks that Section 91.151(a) was meant to prevent given the size and 

speed at which the sUAS operates. The fact that it carries no pilot, passenger, or cargo also 

enhances its safety. 

YCC believes that an equivalent level of safety can be achieved by maintaining 10 minutes of 

reserve fuel, which would be more than adequate to return the sUAS to its planned landing 

zone from anywhere in its operating area. 

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 

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

Section 91.203(a) requires all civil aircraft to have a certificate of airworthiness. Part 21, 

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

issuance of airworthiness certificates as required by FAR § 91.203(a). Section 91.203(b) 

requires 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. 

Given the size of the aircraft (Under 10 lbs.) and the limited operating area associated with its 

utilization, it is unnecessary to go through the certificate of airworthiness process under Part 

21 Subpart H to achieve or exceed current safety levels. Such an exemption meets the 

requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. 

The Federal Aviation Act 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 

sUAS involved. 

In this case, an analysis of these criteria demonstrates that the TALI HSO0 operated without an 

airworthiness certificate, under the conditions proposed herein, will be at least as safe, or 

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safer, than a conventional aircraft (fixed wing or rotorcraft) with an airworthiness certificate. 

The TALI HSO0 weighs less than 10 lbs. fully loaded. It will not carry a pilot or passenger, will 

not carry flammable fuel, and will operate exclusively within an area pre-disclosed and in 

compliance with conditions set forth herein. Operations under this exemption will be tightly 

controlled and monitored by both the operator, pursuant to the conditions set forth above, and 

by local public safety requirements. The TALI HSO0 construction with absorbent material 

provides at least an equivalent level of safety to that of such operations being conducted with 

conventional aircraft that would be orders-of-magnitude larger and would be carrying 

passengers, cargo, and flammable fuel. A representative sample of other exceptions includes 

Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700. 

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

Section 91.405(a) requires 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 a s prescribed 

in part 43 of this chap ter .. .." Section 91.407 similarly makes reference to requir ements in 

Part 43; Section 91.409 (a) (2) requires an annual inspection for the issuance of an air 

worthiness certificate. Section 91.417(a) requires the owner or operator to keep records 

showing certain maintenance work that has been accomplished by certificated mechanics, 

under Part 43, or licensed pilots and records of approval of the aircraft for return to service. 

Maintenance Of the TALI HSO0 components will be accomplished by a YCC technician or 

outside repair representative if necessary. An equivalent level of safety will be achieved 

because the sUAS is small in size, will carry no external payload, will operate only in restricted 

predetermined areas and is not a complex mechanical devise. The operator of TALI HSO0 will 

also ensure that the sUAS is in working order prior to initiating flight, and keep a log of any 

maintenance that is performed on the aircraft. Moreover, the operator is the person most 

familiar with the aircraft and is best suited to ensure that the aircraft is in an airworthy 

condition and to guarantee an equivalent level of safety. 

YCC will be putting our TALI HSO0 aircraft through a routine, but rigorous, inspection of the 

airframe and components every 50 flights. Likewise, we will replace the servos, motor, and 

speed controller every 300 flights. This will ensure an equivalent level of safety to the 

maintenance requirements in Part 910 

In summary, applicant seeks an exemption from the FARs set forth above to allow commercial 

operations of a small unmanned vehicle conducting precision aerial imaging flights. 

Approval of the exemption allowing commercial operations of the TALI HSO0 for precision 

survey work will enhance safety by reducing risk. Conventional aerial survey operations, 

using jet or piston-powered aircraft present risks associated with vehicles that weigh between 

5,000 to 7,000 lbs., carry large quantities of fuel, passengers, and, in some cases, cargo. Such 

aircraft must fly to and from the survey location. In contrast, a TALI HSO0 weighing less than 

10 lbs. and powered by batteries eliminates a portion of that risk given the reduced mass and 

lack of combustible fuel carried on board. The TALI HSO0 is carried to the flight location, not 

flown there. The TALI HSO0 will carry no passengers or crew and, therefore, will not expose 

any individuals to the risks associated with manned aircraft flights. Additionally, no national 

security issue is raised by the grant of the requested exemptions. Given the size, load carrying 

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capacity, s 

dangerous 

TALI HSO0, weighing less than 10 lbs., for aerial imaging in accordance with the strict 

conditions outlined above, will provide an equivalent level of safety supporting the grant of the 

. . . . peed at which it operates, and the fact that it carrles no explosives or other 

 materials, the TALI HSO0 poses no threat to national security. The operation of the 

exemptions requested herein, including exempting YCC from the requirements of Part 21. 

The TALI HSO0's satisfaction of the criteria set forth in Section 333 of the Reform Act 

size, weight, speed, operating capabilities, lack of proximity to airports and populated areas, 

operation within visual line of sight, and national security and its showing Of an equivalent 

level of safety as it may relate to the requirement for a pilot's license, provide more than 

adequate justification for the grant of the requested exemptions allowing commercial 

operation of the TALI HSO0 in the commercial construction business for purposes of aerial 

imaging required by awarded contract (NYSDEP) as well as aerial imaging for safety and 

monitoring of secured construction sites. 

Thank you for your consideration, and please let me know if you have any questions. 

Sincerely, 

ov 

Ray Apruzzese 

Yonkers Contracting Co., Inc. 

Project Controls Manager 

sUAS Controller 

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