Texas	Aerial	Solutions,	FAA	Section	333	Exemption	

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U.S.	Department	of	Transportation

Docket	Management	System

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	from:	14	CFR	21	subpart	H;	14	CFR	45.23(b);	14	CFR	61.113(a)	and	(b);	14	CFR	91.7(a);	14	

CFR91.9(b)(2);	14	CFR	91.103;	14	CFR	91.109;	14	CFR	91.119(c);	14	CFR	91.121;	14	CFR	91.151(a);	14	CFR	

91.203	(a)	and	(b);	14	CFR	91.405	(a);	14	CFR	91.407	(a)	(1)	14	CFR	91.409	(a)(1)	and	(2);	14	CFR	

91.417(a)	and	(b)

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,	Texas	Aerial	Solutions,	operator	of	an	Unmanned	Aircraft	System	(UAS),	hereby	applies	for	

an	exemption	from the	listed	Federal	Aviation	Regulations	(“FARs”)	to	allow	commercial	operation	of	its	

UAS,	so	long	as	such	operations	are	conducted	within	and	under	the	conditions	outlined	herein	or	as	

may	be	established	by	the	FAA	as	required	by	Section	333.

Texas	Aerial	Solutions has	tailored	its	operations	to	meet	the	requirements	established	by	the	FAA	in	its	

Grant	of	Exemption #12801, Olympic	Aerial	Solutions,	and Regulatory Docket No. FAA−2015−2608, 

Name	and	Contact	Information	of	Applicant:

Texas	Aerial	Solutions

Contact:	Thomas	J	Sivley	II

4109	E	Bankhead	Hwy

Hudson	Oaks,	TX		76087

tjsivley@texasaerialsolutions.com

Regulations	from	which	the	exemption	is	requested:

14	CFR	Part	21	subpart	H

14	CFR	45.23	(b)

14	CFR	61.113	(a)	&	(b)

14	CFR	91.7	(a)

14	CFR	91.9	(b) (2)

14	CFR	91.103

14	CFR	91.109

14	CFR	91.119	(c)

14	CFR	91.121

14	CFR	91.151	(a)

14	CFR	91.203	(a)	&	(b)

14	CFR	91.405	(a)

14	CFR	91.407	(a)	(1)

14	CFR	91.409	(a)	(2)

14	CFR	91.417	(a)	&	(b)
Texas	Aerial	Solutions,	FAA	Section	333	Exemption	

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Scope	of	Operations:

Commercial	operation	of	an	UAS,	as	described	herein,	which	are	equipped	with	camera(s)	and	sensors,	

would	operate	in	the	following	manner:

• Aerial	photography	and/or	video	for	public	and/or	private	use	including	real	estate,	

architecture,	land	surveying,	engineering	and	other	related	professional activities.	

• Aerial	photography	and/or	video	for	public	and/or	private	use	including	television,	public	

events,	cinematography	and	news	gathering	

• Aerial	inspection/photography	of	residential/commercial	structures	under	contract	with	the	

owners	or	local	government	authority.	

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

limited	to	electrical	power	lines,	wind	turbines	and	cell	towers.	

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

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

has	requested	it	by	contract	or	donation.	

• The	ability	to	offer	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.	

• Oil	and	Gas	plants and	new/existing construction of	gas	plants	and	refineries

• Wind	Turbine Farm Inspection,	Inspection	of	Blades	and	Generators

• Solar	Farm	Inspections

• Utility	Inspection, Railroad infrastructure Inspection, Pipeline	Inspection, Oil-Field	Inspection

• Petro/Chemical/Manufacturing	Inspection

• Threat	Assessment	of	High	Security	Facilities	for	private	Military and	Security Contractors

As	detailed	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)	and	will	provide	safety	enhancements	to	

the	already	safe	operations	in	the	industry	presently	using	conventional	aircraft.	Approval	of	this	

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

Administrator’s)	responsibilities	to	“....establish	requirements	for	the	safe	operation	of	such	aircraft	

systems	in	the	national	airspace	system.

UAS	to	be	used	

Texas	Aerial	Solutions will	operate	the	DJI	Phantom and	S series	of	remote	control	model	

aircraft.	Specifically	the	Phantom	3	Professional/Advanced,	DJI	S900,	DJI	S1000 and	DJI	Inspire	

1.

(Note:	All	Phantom	models	are	based	upon	the	same	airframe	and	control	technology	with	

similar	specifications	and	performance.)	
Texas	Aerial	Solutions,	FAA	Section	333	Exemption	

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UAS	Model	Specifications

DJI	

Phantom	

3

DJI	S900 DJI	S1000 DJI	Inspire	1

Weight	(w/	Batt.	And	Props) 1280g 32kg 35kg 2935g

Diagonal	Size	(Motor	to	Motor) 350mm 900mm 1045mm 581mm

Max	Ascent	Speed 5	m/s N/A N/A 5m/s

Max	Descent	Speed 4	m/x N?A N/A 4m/s

Max	Speed 16m/s 31	Knots 31	knots 22m/s

Operating	Temperature 0°C-40°C -10°c	to	+40°c -10°c	to	+40°c 0°c	to	+40°c

Operation	Freq.	Band 2.4	ghz 2.4	ghz 2.4	ghz 2.4ghz

Battery 4500	mah 18,000	mah	LIPO 22,000	mah	Lipo 4500	mah

Phantom	3	Advanced/Professional Manual

http://download.dji-innovations.com/downloads/phantom_3/jp/Phantom_3_Professional_User_Manual_v1.0_jp.pdf

Inspire	1	Manual	

http://download.dji-innovations.com/downloads/inspire_1/en/Inspire_1_User_Manual_v1.2_en.pdf

DJI	S900

http://download.dji-innovations.com/downloads/s900/en/S900_User_Manual_v1.2_en.pdf

DJI	S1000

http://download.dji-innovations.com/downloads/s1000/en/S1000_User_Manual_v1.10_en.pdf

National	Security	

The	small	size	of	these	UAS	and	the	limited	scale	of	operations	in	conjunction	with	adherence	to	the	

Reform	Act’s	safety	requirements	present	no	national	security	issues.	

Public	Interest	

Services	utilizing	small	UAS	for	aerial	photography,	videography,	surveying,	mapping,	equipment	

inspections	and	auditing	provides	a	much	lower	cost	and	higher	level	of	safety	to	the	public	due	to	the	

small	scale	of	aircraft	relative	to	full-scale aircraft	operations.	

Operational	Safety	

• The	UAS	will	not	be	operated	at	a	speed	exceeding	50	mph.	

• The	UAS	will	be	operated	at	an	altitude	of	no	more	than	400	feet	above	ground	level	(AGL).	

• The	UAS	will	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.	

• 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	operator	is	responsible	for	maintaining	and	inspecting	the	UAS	to	ensure	that	it	is	in	a	

condition	for	safe	operation.	
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• Prior to	each	flight,	the	PIC	must	conduct	a	pre-flight	inspection	and	determine	the	UAS	is	in	a	

condition	for	safe	flight.	

• PIC	will	hold	either	an	airline	transport,	commercial,	private,	recreational,	or	sport	pilot	

certificate.	The	PIC	will	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.	

• No	operations	will	be	conducted	at	night,	as	defined	in	14	CFR	§	1.1.	All	operations	will	be	

conducted	under	visual	meteorological	conditions	(VMC).	

• No	operations	will	be	conducted	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.	

• 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.	

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

safety	requirements.	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.
Texas	Aerial	Solutions,	FAA	Section	333	Exemption	

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

Even	though	the	UAS	will	have	no	airworthiness	certificate,	an	exemption	may	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.	V-Tail	Aviation	

Inc.	may	achieve	an	equivalent	level	of	safety	as	achieved	by	current	Regulations	because	the	applicant’s	

UAS	do	not	carry	any	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	PIC	of	the	

UAS	will	have	a	Commercial	Pilot’s	License	along	with	a	current	Third	Class	or	higher	Medical	exceeding	

the	current	safety	levels	in	relation	to	14	CFR	61.113	(a)	&	(b).	I	feel	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	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	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	
Texas	Aerial	Solutions,	FAA	Section	333	Exemption	

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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	manufactures	operating	manuals.	

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	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	small	size	and	low	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	any	operational	

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	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	
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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	30	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	30	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	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.	The	operator	pursuant	to	the	flight	manual	and	operating	handbook	will	accomplish	

maintenance.	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	
Texas	Aerial	Solutions,	FAA	Section	333	Exemption	

8

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.

This	application	for	exemption	respectfully	submitted	by:

Texas	Aerial	Solutions

4109	E.	Bankhead	Hwy.

Hudson	Oaks,	TX		76087

817-565-6376

tjsivley@texasaerialsolutions.com

Thomas	J	Sivley

Owner,