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 

2 
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 

3 
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 

T 
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 

~ 
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 

0 
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 

z