Submitted electronically

September 30, 2015

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Avenue SE 

Washington, DC 20590 

RE: Petition for Exemption from Certain Federal Aviation Regulations according 

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

Dear Sir or Madam: 

Rail Surveyors and Engineers, Inc. (RSE) is applying for an exemption from the Code 

of Federal Regulations as detailed below.

The exemption would permit commercial operation of a small unmanned aircraft 

system (sUAS) in the national airspace (NAS) as regulated by the FAA for aerial data 

collection, for the following uses:

I. Remote sensing and measuring by an instrument(s) aboard the sUAS including

A. imagery (photography, video, infrared, etc.)

B. electronic measurement (precision inspection, RF analysis, etc.)

C. chemical measurement (particulate measurement, etc.)

D. or any other gathering of data by instruments aboard the sUAS.

II. Assisting in maintaining public safety in times of emergency including

A. aerial photography and evaluation of emergency response scenes and 

operations with RSE agreement

B. aid in emergency services support and search and rescue with RSE 

agreement
RSE333A102315 2

All operations performed by are cost effective and protect the public by reducing the 

size of the aircraft from one weighing up to several tons to one weighing less than 55 

pounds. In addition, the UA does not use flammable liquid fuel. Instead, it operates on 

high-energy batteries. The UA is flown in the lower strata of controlled and 

uncontrolled airspace, at 400 ft. AGL and below. RSE commercial operations will be 

performed according to FAA regulations or amended FAA regulations as permitted

under a Section 333 Grant of Exemption.

INDUSTRY BACKGROUND AND REFERENCES

The United States Department of Transportation (DOT) operates two administrations 

that oversee and supervise the nations’ ground transportation system: the Federal 

Railroad Administration (FRA) and the Federal Highway Administration (FHWA). Both 

departments are in charge of making sure that US citizens travel safely and receive 

materials and goods to maintain a life of quality.

The ground transportation system is complex. There are more than 140,000 miles of rail 

track crossing the nation. The Association of American Railroads states that by 2015’s 

end, private funds totaling $29 billion will have been invested into the system, the 

majority of which is for upkeep to ensure a state of good repair. These tracks move 

nearly 40 tons of material per US citizen. In addition to freight, FRA reports that as of 

2013, ridership on Amtrak has increased more than 50% since 2000. The ridership is 

now at 36 million meaning 10% of the US Population now uses rail for their 

transportation needs. Keeping track in good repair is vital for safety. In 2014, more than 

500 derailments were caused by defective track, causing 35 injuries and nearly $100 

million in damages.

As of 2013, there were more than 4 million miles of road in the US, of which 2.7 million 

have been paved. Maintaining the condition of the roads is paramount. More than 250 

million cars and 74,000 buses use the infrastructure to transit. Recently, however, the 

American Society of Civil Engineers gave the roadway infrastructure in the US a D+ 

grade.

To help lift up the ground transportation system and provide safer modes of transport, 

Rail Surveyors and Engineers, Inc. (RSE) provides a wide range of transit engineering 

services. RSE works side-by-side with clients to plan, design, construct, maintain, and 

rehabilitate all elements of their transit and rail transportation systems including tracks, 

signals, stations, and structures. RSE’s services include major rail multimodal stations, 

maintenance facilities, yards, main line tracks, at grade crossings, and grade separations. 
RSE333A102315 3

Over the last 15 years, RSE has actively worked on major rail transit projects throughout 

California. 

During RSE’s typical client service operations, ‘live’ railroad systems are commonly 

occupied. Special considerations need to be made to ensure employee and operational 

safety. Railroads and highways are high risk environments. A typical railroad surveyor 

directly surveys the rails and features of each track on foot, looking for flaws and 

structural impairments. This practice puts the individual in the center of track and 

within the most dangerous area of the railroad environment. The Bureau of Labor 

Statistics (BLS) found that railroad workers have more than twice the average fatalities 

than the national work rate. Twenty five percent of these fatalaties are caused by trains 

striking a pedestrian worker. The BLS also reported more than 900 fatalities occurred 

between 2003 and 2010 in highway construction zones. Nearly half of these resulted 

from a worker being hit by a moving vehicle or mobile equipment. 

The employment of a UA for survey and inspection of the railroad and highway

environments will remove a pedestrian worker from inside a “safety envelope,” where 

the safety risk exists. Using an UA for highway surveying eliminate the need to put a 

surveyor within or near the travelled way keeping him safe from multiple work vehicles 

and distractions along the highway.

RSE wishes to increase its effectiveness with its clients and contracting government 

agencies, increase the safety level of its employees and contracted workers on inspection

sites and remain competitive economically by employing a UA during many of its 

operations. Therefore, RSE is submitting this 333 exemption petition.

In support of the petition and the FAA’s evaluation process, we reference previously 

granted 333 exemption petitions by the FAA with same or similar purposes as follows:

• Aerial digital imagery, survey, and inspection: exemption no 11206, BNSF

Railway Company; exemption no. 12719, Thomas Johann Walter

• Aerial imagery documentation of highway construction projects: 

exemption no. 11653, ZoZo Group, LLC

• Aerial photography and evaluation of emergency response scenes and 

operations: exemption no. 12508, Castle Rock Fire and Rescue 

Department

• Emergency services support and search and rescue exemption no. 12515, 

RPA/UAS Consulting LLC
RSE333A102315 4

DESCRIPTION OF PETITIONER

RSE is surveying and engineering firm specializing in freight and commuter railroad and 

highway surveying and engineering operations, though all facets of surveying and 

engineering are pursued. RSE encompasses a broad range of experience in engineering, 

design, planning, surveying, and construction services. RSE and its staff have provided a 

wide range of services to a number of rail transit agencies, railroad companies, and 

transportation authorities in the San Francisco Bay Area and Southern California. The 

current major rail transit clients include Union Pacific Railroad, Peninsula Corridor Joint

Powers Board, Santa Clara County Transportation Authority, BART, Southern California 

Regional Railroad Authority, and Riverside County Transportation Authority.

RSE is a minority owned Disadvantage Business Entity (DBE) with the California 

Unified Certification Program. RSE is also a Small Business Entity registered with all 

major transit authorities including Caltrains, VTA, PCJPB, BART, LA Metro, RCTC, and 

SCRRA

NAME OF PETITIONER

Mr. Cody Festa

RSE, Inc.

1300 Clay Street, Suite 600

Oakland, CA 94612

AGENT FOR RSE

For technical and administrative questions on this petition, please contact: 

Mr. Brian Dyer

RPS-West

Email: Brian.Dyer@RemotePilotSystems.com
RSE333A102315 5

Submitted separately as confidential documents under 14 CFR Section 11.35 (b) are:

A – Aibot X-6 User Manual

B – Yuneec Typhoon Q500 4K User Manual

These documents contain proprietary information that is not available to the public and 

are protected from release under the Freedom of Information Act 5 USC 552 et.seq.

Thank you for your time and attention..

Sincerely,

Brian Dyer
RSE333A102315 6

DESCRIPTION OF UNMANNED AIRCRAFT SYSTEMS

RSE wishes to fly in its operations:

• The Aibot X6 

• The Yuneec Typhoon Q500

as its inspection aircraft.

The Aibot X6

The Aibot X6 is an electric multirotor aircraft configured as a hexacopter in a V-6 

designed for aerial survey and inspection. Aibotix in Germany has delivered more than 

200 aircraft since 2011. The flight control system used with the aircraft is designed and 

manufactured in Germany, has undergone continuous improvement and development, 

with all source code modules under company control.

Safety features include:

• Mitigation for loss of radio control link, through programmable emergency 

failsafe to controlled descent or, if GPS signal is sufficient, to return to point 

of takeoff.

• The pilot may override waypoint programming with manual stick control in 

case of emergency or route adjustment.

• Telemetry is displayed on the pilot’s handheld controller and maybe 

announced by voice.

• The X6 is optimized for aerial inspection with safety features to reduce pilot 

workload, such as attitude stabilization, GPS satellite-assisted navigation, 

return to home and auto land.

The aircraft is less 1.2 meters, in diameter, is made of carbon-fiber reinforced polymer in 

a high visibility color, with protective blade guards surrounding the six rotors, and is 

designed for a maximum takeoff weight of less than 15 pounds and a flight time of about 

20 minutes with its dual-battery power. Maximum speed is about 55 MPH, but treats this 

limitation as an emergency reserve, and plans no flying at greater than 25 MPH. The 

aircraft carries no flammable liquid fuel.
RSE333A102315 7

Radio control and video transmission systems meet FCC requirements for operation in 

the unlicensed spectrum of the 2.4 and 5.8 GHz ranges. Manufacturer warnings about 

interference from devices operating at or near these frequencies or their harmonics are 

documented in the Flight Operations Manual (FOM).

The Yuneec Typhoon Q500/Q500 +

The Typhoon Q500 series are vertical takeoff and landing unmanned aircraft of 

quadcopter design. Manufactured by Yuneec International Co. Ltd., the Typhoon Q500 

has the world's first Smart Transmitter (the "ST-10 series Ground Station" with 10 

channels) combining a 2.4GHz radio control transmitter with a 5.8GHz digital video link. 

It operates on a built-in Android touch screen. Safety features include Geo Fencing, 

Home Mode and Return Home. Geo Fencing prohibits the aircraft from exceeding a 

programmed permitted radius. When activated, Home Mode will automatically return the 

aircraft within a 10-foot radius of its starting point. Should the transmitter signal be lost 

or visual line of sight with the aircraft impaired, upon signal, Return Home will 

automatically take control of the aircraft and return it to the operator/base station. 

Takeoff weight with manufacture provided camera and gimbal payload and battery is 3.75 

lbs.

The Typhoon Q500 dimensions are 16.5x16.5x8.3 inches with a diagonal of 22.2 inches 

without rotor blades attached. It can fly up to 25 minutes on its 5400mAh 3S 11.1V 

lithium polymer battery. Radio control and video transmission systems meet FCC 

requirements for operation in the unlicensed spectrum of 5.8 GHz ranges. The operating 

manual of the Typhoon Q500 warns against using the aircraft in areas where radio 

interference is possible, as does the FOM, along with procedures to ensure radio safety 

with the UAS. 

EXTENT OF RELIEF SOUGHT AND WHY 

RSE asks for relief from regulations tabled below, which the authority of the FAA has 

previously granted in exemption certificates number 11062 along with six others 

described as “in commonality”, and in number 11109, which are for use of electric 

rotorcraft. The FOM incorporates the conditions and limitations of these grants of 

exemption, and in some cases imposes stricter limits on its own operations. 
RSE333A102315 8

CFR CODE CITATIONS 

14 CFR 

PART 

SUMMARY OF 

REGULATION 

REASON FOR 

EXEMPTION 

REQUEST 

EQUIVALENT LEVEL OF

SAFETY 

61.113 

(a) 

Private pilot 

privileges and 

limitations: pilot in 

command

Holder of private pilot 

certificate may not act as 

pilot in command (PIC) 

for compensation or hire. 

Flying for compensation 

on inspection missions is 

central to purpose of 

exemption request. 

Characteristics of aircraft, VLOS, 

under 400 ft. AGL, trained visual 

observer in radio communication 

with pilot; remote site, 

construction industry safety 

protocols enhanced by flight 

safety plan; PIC with airman’s 

certification, appropriate medical 

and vision qualification, currency 

in the aircraft listed on the 

certificate, pilot training, testing, 

proficiency with similar and same 

model UA; and 

inspection/maintenance are 

defined in the FOM and will 

ensure equivalent levels of safety.

61.113 

(b) 

Private pilot 

privileges and 

limitations: Pilot in 

command

Holder of private pilot 

certificate may act as PIC 

for compensation or hire if 

flight is incidental to 

business or employment 

and does not carry 

passengers for 

compensation or hire. 

Flying for compensation 

on inspection missions is 

central to purpose of 

exemption request, not 

incidental to business or 

employment. 

There is no passenger or pilot on 

board the UA, thus safety issues 

are different from a manned flight. 

RSE’s aircraft have programmable 

automated safety features and 

emergency responses, have preflight checks for safety beyond 

commercial manned aircraft, can 

be geographically restricted by 

operator with programmable 

control points, have 

communications with the PIC 

regarding fuel loss and other flight 

hazards. PIC will have ground 

school training certificate and 

additional 25 hours logged flight 

time and 25 hours classroom and 

field instruction as stated in the

FOM.
RSE333A102315 9

14 CFR 

PART 

SUMMARY OF 

REGULATION 

REASON FOR 

EXEMPTION 

REQUEST 

EQUIVALENT LEVEL OF

SAFETY 

91.119 

(c) 

Minimum safe 

altitudes over other 

than congested 

area 

Operating closer than 500 

feet to a person, vehicle, or 

structure may be necessary 

for terrain and equipment 

inspection. 

People will not be allowed over, 

under or within 500 feet laterally 

of the aircraft in flight. Some 

flights may require the 

participation or guidance of 

industry personnel, positioned as 

close as 200 feet. will brief them 

on safety and obtain necessary 

consent. Industry site safety rules 

will be followed. 

91.121 Altimeter settings Procedures to set and 

confirm altitude do not 

provide for operation of 

remote telemetry to SUAS 

pilot. 

An onboard air pressure sensor 

and software resolve height 

differences as small as one 

centimeter. Altitude is controlled 

by measuring air pressure and the 

z-axis accelerometer/GPS values. 

The starting point is a relative 

height measurement calculated by 

the flight controller. Altitude 

above ground is displayed on the 

pilot's handheld controller by 

telemetry, and alarms can signal 

conditions of interest. 400 feet 

AGL is the maximum permissible 

in the FOM, which describes 

altimeter procedures. 
RSE333A102315 10

14 CFR 

PART 

SUMMARY OF 

REGULATION 

REASON FOR 

EXEMPTION 

REQUEST 

EQUIVALENT LEVEL OF

SAFETY 

91.151 

(b) 

Fuel requirements 

for flight in VFR 

conditions

Rotorcraft under VFR 

must carry enough fuel to 

reach first landing point 

and then another 20 

minutes. The multirotor 

aircraft specified in this 

petition is designed to fly 

missions of 25 minute 

durations. 

On aircraft specified, battery 

voltage under load is displayed on 

the pilot's handheld controller 

during flight. Battery chemistry 

does not support adequate current 

discharge below about 3 v per cell. 

Circuitry in the onboard flight 

controller measures voltage and 

will start a failsafe procedure to 

land before summed minimums 

are reached. In the event that one 

or more cells fail, these minimums 

may be reached sooner than 

expected, due to rapid current 

drain against a smaller number of 

functioning cells. pilots are trained 

to monitor voltage and recognize 

abnormal discharge in flight and 

to land sooner than forced. If 20 

minutes of flight time or 25% of 

reserve voltage under load is 

reached, pilot must commence 

landing.

91.405 

(a) 

Maintenance 

required

Required inspections and 

discrepancies repaired 

between the required 

inspections pertain to 

certificated manned 

aircraft and procedures 

conducted by licensed 

maintenance personnel. In 

the absence of certification 

requirements for SUAS 

and SUAS maintenance 

personnel, reasonable 

alternatives must be 

developed to maintain 

equivalent levels of safety. 

RSE will document maintenance, 

overhaul, replacement and 

inspection requirements in the 

absence of manufacturer's 

requirements; will document and 

maintain maintenance records and 

technician qualification criteria in 

the FOM. 
RSE333A102315 11

14 CFR 

PART 

SUMMARY OF 

REGULATION 

REASON FOR 

EXEMPTION 

REQUEST 

EQUIVALENT LEVEL OF

SAFETY 

91.405 

(b) 

Maintenance 

records

Qualifications for 

maintenance personnel for 

SUAS were not 

contemplated by these 

regulations, and a 

reasonable alternative must 

be developed to maintain 

equivalent levels of safety. 

Qualifications, competence and 

testing for maintenance personnel 

are defined in the FOM. 

91.407 

(a) (1) 

Operation after 

maintenance, 

preventive 

maintenance, 

rebuilding, or 

alteration

There is no authorization 

procedure for a person 

who can approve a return 

to service of an SUAS, and 

a reasonable alternative 

must be developed to 

maintain equivalent levels 

of safety. 

Procedures for the PIC to test 

then approve a return to service 

after maintenance are defined in 

the FOM. 

91.409 

(a) (1) 

Inspections Annuals conducted by a 

qualified inspector require 

authorization criteria for 

that inspector, not yet 

defined for SUAS. A 

reasonable alternative must 

be developed to maintain 

equivalent levels of safety. 

Schedules for inspection and 

responsibilities of the PIC and 

qualified technician are described 

in the FOM. 

91.409 

(a) (2) 

Inspections Issuance of airworthiness 

certificates for SUAS 

under 55 pounds operated 

VLOS is not contemplated 

by these regulations 

Airworthiness is the responsibility 

of the PIC and the technician as 

defined in the FOM.
RSE333A102315 12

14 CFR 

PART 

SUMMARY OF 

REGULATION 

REASON FOR 

EXEMPTION 

REQUEST 

EQUIVALENT LEVEL OF

SAFETY 

91.417 

(a) 

Maintenance 

records

Regulations do not 

contemplate requirements 

or approval processes for 

maintenance and 

inspection of 

uncertificated SUAS, 

however a reasonable 

alternative must be 

developed to maintain

equivalent levels of safety. 

The operator will maintain records 

according to the procedures 

specified in the FOM. 

91.417 

(b) 

Maintenance 

records

Retaining and transferring 

records of maintenance 

and defects according to 

standards prescribed for 

authorized maintenance 

and inspection is not 

contemplated in the 

regulations for SUAS. A 

reasonable alternative is 

necessary to maintain 

equivalent levels of safety. 

Records and documentation will 

be kept for all maintenance 

performed, defects, and for all 

components specified in the 

FOM.

PILOT IN COMMAND AND CREW 

The pilot in command (PIC) must hold an airman’s certification recognized by the FAA 

such as an airline transport, commercial, private, recreational, sport pilot, or glider pilot 

(powered or non-powered) and must comply with the training and testing specified in the 

FOM. The PIC must hold a current FAA airman medical certificate as required by the 

class of airman certification. In the case of the sport pilot certification, the PIC must 

possess a valid U.S. driver’s license issued by a State, the District of Colombia, Puerto 

Rico, a territory, a possession, or the Federal government. The PIC must comply with the 

training and testing specified in the operator’s manual. The PIC must remain in radio 

communication with a visual observer who complies with the training and testing 

specified in the operator’s manual. The pilot must be able to acquire the aircraft with his 
RSE333A102315 13

own vision according to eye standards for a third class airman medical certificate or valid 

driver’s license according to the issuing State. The PIC must operate within visual line of 

sight only, and be able to see the attitude and orientation of the aircraft by themself. If 

GPS or magnetometer is compromised, certain safety features may not operate, and the 

pilot must understand by their training and experience how to recover control. 

OPERATION OF THE UNMANNED AIRCRAFT 

The aircraft will be under the operational control of the RSE PIC. 

1. Operations for the purpose of closed-set motion picture and television filming will

not be permitted.

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

Either groundspeed or calibrated airspeed will be used 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.

3. The UA will be operated at an altitude of no more than 400 feet above ground 

level (AGL). Altitude will be reported in feet AGL.

4. The UA 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.

5. All operations will utilize a visual observer (VO). The UA will be operated within 

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

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

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

electronic messaging or texting will not be permitted during flight operations. The 

PIC will be designated before the flight and will not transfer his or her designation 

for the duration of the flight. The PIC will ensure that the VO can perform the 

duties required of the VO.

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

operations in accordance with the conditions and limitations stated in an approved 

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

operating documents will be accessible during UAS operations and made available 
RSE333A102315 14

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

and limitations in the granted exemption(s) and the procedures outlined in the 

operating documents, the conditions and limitations in the granted exemption will 

take precedence and will be followed. Otherwise, the operator will follow the 

procedures as outlined in its operating documents. The operator may update or 

revise its operating documents. The operator will track such revisions and present 

updated and revised documents to the Administrator or any law enforcement 

official upon request. The operator will also present updated and revised 

documents if it petitions for extension or amendment to a granted exemption. If 

the operator determines that any update or revision would affect the basis upon 

which the FAA granted the requested exemption, then the operator will petition 

for an amendment to its grant of exemption. The FAA’s UAS Integration Office 

(AFS−80) will be contacted if questions arise regarding updates or revisions to the 

operating documents.

7. Any UAS that requires maintenance or alterations that affect the UAS operation or 

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

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

Functional test flights will only be conducted by a PIC with a VO and will remain 

at least 500 feet from other people. The functional test flight will be conducted in 

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

8. The operator will be responsible for maintaining and inspecting the UAS to ensure 

that it is in a condition for safe operation.

9. Prior to each flight, the PIC will conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection will 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 will be prohibited from operating until the necessary maintenance has been 

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

10.The operator will follow the UAS manufacturer’s maintenance, overhaul, 

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

components.

11.Each UAS operated under this exemption will comply with all manufacturer safety 

bulletins.

12.The 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, 
RSE333A102315 15

Puerto Rico, a territory, a possession, or the Federal government. The PIC will 

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.

13.The operator will 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 a granted exemption, including evasive and emergency maneuvers 

and maintaining appropriate distances from persons, vessels, vehicles and 

structures. PIC qualification flight hours and currency will be logged in a manner 

consistent with

14. 14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and 

VOs (training, proficiency, and experience-building) and determining the PIC’s 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under will be permitted only under the terms of this exemption. 

However, training operations will 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 will 

operate the UA with appropriate distance from nonparticipants in accordance with 

14 CFR § 91.119.

15.UAS operations will not be conducted during night, as defined in 14 CFR § 1.1. 

All operations will be conducted under visual meteorological conditions (VMC). 

Flights under special visual flight rules (SVFR) are not authorized.

16.The UA will 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 will

be made available to the Administrator or any law enforcement official upon 

request.

17.The UA will 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 will return to a 

pre-determined location within the private or controlled-access property.

19.The PIC will abort the flight in the event of unpredicted obstacles or emergencies.
RSE333A102315 16

20.The PIC will be 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 will be conducted in accordance with an ATO-issued COA. If 

operations cannot be conducted under the terms of a granted COA, the operator 

will apply for a new or amended COA.

22.All aircraft operated in accordance with a granted exemption will 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 will be as large as practicable.

23.Documents used by the operator to ensure the safe operation and flight of the 

UAS and any documents required under 14 CFR §§ 91.9 and 91.203 will be 

available to the PIC at the Ground Control Station of the UAS any time the 

aircraft is operating.

24.These documents will be made available to the Administrator or any law 

enforcement official upon request.

25.The UA will remain clear and give way to all manned aviation operations and 

activities at all times.

26.The UAS will not be operated by the PIC from any moving device or vehicle.

27.All Flight operations will 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 will 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 will 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, 
RSE333A102315 17

operator trainees or essential persons are not considered nonparticipating 

persons under this exemption.

28.All operations will 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.

29.Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable granted COA will

be reported to the FAA's UAS Integration Office (AFS−80) within 24 hours. 

Accidents will be reported to the National Transportation Safety Board (NTSB) 

per instructions contained on the NTSB Web site: www.ntsb.gov.

BENEFIT TO THE PUBLIC 

Approval of exemptions allowing commercial operations of SUASs will enhance safety 

by reducing risk. By removing the use of conventional liquid fueled aircraft weighing in 

tons for lightweight, battery operated UAs in restricted areas for aerial inspection, geomapping and image and film capture, is more environmentally sound and safe. The use of 

battery powered UAs will provide a smaller environmental footprint, increase safety be 

decreasing manpower and separate the aircraft operators form the craft. The use of the 

specified UAs further protects the public by being used in restricted environments and 

reducing impact hazards.

REASONS WHY THE EXEMPTION WOULD NOT ADVERSELY AFFECT 

SAFETY 

The inspection aircraft will be operated in accordance with safety protocols defined in the 

FOM for which we request approval by the FAA according to its authority granted by 

Congress in Section 333 of the FAA Modernization and Reform Act of 2012. 

The inspection aircraft carries no person, cargo, or flammable liquid fuel. Its size and 

weight are a small fraction of any manned aircraft, and its safety systems reflect best 

design practices in the SUAS industry. 
RSE333A102315 18

In addition, will keep the approved at its ground control station. The PIC will have 

immediate access to it. Previous exemptions granted by the FAA concerning Section 

91.9(b) establish that safety is not adversely affected when the approved Aircraft Flight 

Manual is kept at the ground control station of a SUAS, where it can be immediately 

accessed by the PIC.

When properly operated by trained pilots, a well-designed SUAS can stay clear of people 

and property on the ground and in the air. Procedures, airmanship skills, training and 

testing requirements for SUAS personnel in the will let the operator achieve safety levels 

in the NAS and on the ground that are equivalent to or greater than that in manned 

aviation 

SUMMARY FOR PUBLICATION 

The following summary may be published in the Federal Register: 

Rail Surveyors and Engineers, Inc. requests an exemption from: 

14 CFR Parts 61.113 (a) and (b) 

14 CFR Parts 91.119 (c), 91.121, 91.151 (b), 91.405 (a) and (b), 91.407 (a) (1), 91.409 (a) 

(1), 91.409 (a) (2), 91.417 (a) 

in order to operate a small unmanned aircraft system (SUAS) for purposes of aerial 

inspections and monitoring, aerial geo-mapping, aerial imaging and filming, aerial data 

collection and public safety in times of emergency. The PIC will be appropriately 

qualified with a current FAA approved pilot certificate for SUAS operation and 

specialized training.

Imagery, electronic measurement, chemical measurement or any other gathering of data 

to be done by instruments aboard the UA, are conventionally done by manned aircraft 

operations, which use liquid fuel and weigh upwards of 5,000 lbs. These operations must 

fly the aircraft to and from the operation’s location. The use of the Aibot X6, and / or 

the Yuneec Typhoon Q500 4K, all of which weigh less than 15 lbs. and are equipped 

with flight control and safety features that prevent flyaways, minimizes the risk from that 

of a manned aircraft to people and property allowed within and outside the zone of 

operations. 
RSE333A102315 19

Flight operations outside the secure areas are not allowed. There are no impacts to 

privacy.