October 10

, 2015

U. S. Department of Transportation Docket Management System

1 2 0 0 Ne w Jersey A ve, SE Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations from 14

C.F.R. 45.23(b); 14 C.F.R. Part 21; 14 C.F.R. 61.113(a)&(b); 91.7(a); 91.9(b) (2); 91.103(b); 91.109;

1 1 9 .121; 9 1.151(a); 9 1.203(a)&(b); 9 1.405(a); 9 1.407(a) (1); 9 1.409(a) (2); 91.417(a)&(b)

Dear Sir or Madam,

I, James Henry

, am writing pursu ant to the FAA Modernization and Reform Act of

2 0 1 2 a nd the procedures containe d withi n 14 C.F.R. 1 1, t o req u est that our company, TekUniq LLC, an

o wner a nd operator of small u nmanne d aircraft, b e exempte d from the Federal Aviati on Regulations

(“FARs”) listed below s o that, James Henry and Nick Turnb ow, co-owners of TekUniq LLC , may o perate

our s mall ultra -l ightweight u n manned a ircraft system ( “sUAS”) commercially in airsp ace regu lated by th e

Federal Av iation Administration (“FAA”).

As described h erein, TekUniq LLC pro du ces commercial and entertain ment video

. We h av e added a

Yuneek Q500 4K quad -c o pter sUAS to our inventory equipped wi th a s elf -c ontained camer a with inten t for

aerial photograph y a nd videography ; fo llowing e xemption a n d a pproval by the FAA.

TekUniq LLC's exemp tion r equest wou ld p ermit operatio n o f u ltra -l ight weight, unmanned ( piloted b y

remote control ) and comparativ ely inexpensiv e sUAS(s ) in tightly controlled and limited airspace.

Predetermined in areas away from large p ublic g atherings, airports a nd h eliports for co mmercial an d

entertainment videos

, photos a nd vide o of real estate

, individual h omeo wner aerial photography/

v ideography, p hotogra phy a nd vide o of la n d dev elopments for build ers, and n ature p hotos a nd vid eos i n

completel y unpopulate d areas

, a nd other communit y relate d events upon request.

Currently, similar lightweig h t, remote controlled sUASs are legally operated b y unmonitored amateur

h o b b y ists wit h no safet y pla n or contro ls i n place t o prevent c atastro p h e. TekUniq LLC ha s p erso n ally

instilled s afety p rotocols a nd c ontro ls to a void a nd p revent public h azard, as w ell as m anned a ircraft hazards/

catastro p h e.

Granting TekUniq ’s reques t comports with th e Secretary of Transportation’s (FAA Administrator’s)

responsibilities and a uthority t o n ot on ly integrate sUASs into the n ation al airspace system, but to

“...estab lish requirement s for the safe operatio n of such aircraft system s [sUASs] in th e n ational airspace

system” under Secti on 333(c) of the Reform Act s pecific t o the use of sUASs for photogra phy &

v ideogra phy purposes. F urther , TekUniq LLC

, will conduct our o perations in c ompliance with t he proto cols

d escribed h erein o r as otherwise established by th e FAA.

For the reasons stated below , TekUniq LLC

, respectfully r equest the g rant of a n e xemption a llo wing us to

o p erate ultra -l ight weight, remote c ontrolled s UASs f or th e p u rposes o f

a cquiring a erial photos & v ideos,

b o t h of whic h will p romote local e conomic growt h thr ough increase d employment a nd increase d ta x base.

Both with public safety in min d by k eeping heavier manned aircraft containin g combustible fuel that that

p o ses potential p ublic hazard.

I. Contact Information:

James Henry

, TekUniq

, LLC, PO Box 173242, Arlington

, TX

. 76003

. Office: ( 817 ) 3 3 0

- 3457 Mobile:

( 94 0 ) 6 4 2

- 9795

. Ema il: j.henry@tekuniq .com

Nick Tu rnbow, TekUniq, LLC, PO Box 173242, Arlington, TX. 76003. Office: (817) 330-34 57 Mobile:

(940) 368-2205. Email: n.turnbow@tek u n iq.com

### II. The Specific Sections of Title 14 of the Code of Federal Regulations From Which TekUniq, LLC

Requests Exemption are: 14 CFR 21; 1 4 C.F.R. 4 5.23(b); 14 CFR 61. 113 (a) & (b); 14 C.F.R. 91, et seq.;

1 4 CFR 407 (a) (1); 1 4 CFR 409 (a) (2); a nd, 1 4 CFR 417 (a) & (b).



### III. The Extent of relief TekUniq LLC s eeks a nd th e R eason H e S eeks S uch R elief:

TekUniq, LLC submit s this a pplication in a ccordance w ith th e R eform A ct, 112 P .L. 95 § § 3 31 -3 3 4

, seeking relief from any currently applicable FAR s operating to prevent, James Henry and Nick Turnbow

, contemplated commercial cinematic, academi c and other flight operations within th e national airsp ace

system. The Reform Act in Section 332 provides for such integrat ion o f c ivil unmanned a ircraft systems

in to o ur national a irspace system as it i s i n the public’s interest t o do so.

TekUniq's ultra -l ightweight sUAS m eets th e d efinition o f “ small un manned a ircraft” a s d efined in Section

3 3 1 and therefore the i ntegrati on of our ultra -l ightweight sUAS is e xpressly c ontemplated b y th e Reform

Act. We would like to operate our u ltra -l ig htweight sUAS p rior to th e tim e p eriod b y w hich th e Reform Act

requires the FAA to promulgate rules governing such craft. Thereby, pro vidi ng direct experien ce and

valuabl e information for formal regulation that can b e administered uniformly to all related sUAS aerial

photography & videography.

Th e Reform Act guides the Secretary in determining the types of sUASs that may operate safely in o u r

n atio n al a irspace system. C o n siderations include: T h e weight, s ize, spee d a n d overall capabilities of the

sUASs; whether the sUAS will be operated near airport s or heavily populated areas; and, whether the sUAS

will be operated b y l ine of sight. 11 2 P.L. 9 5 § 333 (a). E ac h of these items reflect i n favor of a n exemption

for TekUniq, LLC

. Our

s UAS u tilizes f

our ( 4) c ounter -r otating propellers fo r balance, control and stability.

Our sUAS i s equipped with GPS , geo fencing, ability to lock to less than 400ft elevation, and auto return

safety technology. Weighin g less tha n five (5) p o u n d s (far below the maximum 55 pound limit); includi ng

camera wit h g imbal.

TekUniq consider s s afety a s an u pmost importance w ith e very f light. Our s mall unmanned a ircraft is

d esigne d t o hover i n place via GPS a nd operate i n less th an a 1 6 k not (17 m ph) w ind. For s afety, stability

, and fear of financial loss we will not fly in winds exceeding 14 knot (15 mph). Built in safety systems

include a GPS mod e that allows our sUAS to hover in pl ace when radio controls ar e released

. With thre e

modes to choos e from, we utili ze th e GPS Mode for aerial photography and videography. This is the safest,

most reliable and stable mode to prevent accidents and hazards. When pilot communication is lost, the

sUAS is designe d t o reach 35ft, return to point of take off, and slowl y desce nd

.

We do not operate my sUAS nea r airports, Hospitals n o r Police helipo rts, and do not operate nea r areas

where general p ublic is withi n thirt y t o one h u n d re d (30 -1 0 0 ) yards dependi ng o n location, conditions and

weather. We are constantly o n a lert , with a minimum of two operators, f or a ny manne d aircraft (Police/

Medical h elicopters, e tc.) a nd prepare d to land / abort immediately to th e n earest and s afest ground p oint

should a m anned a ircraft approach m y location o r we s uspect manned a ircraft may a pproach n ear our

lo cation. Our

s UAS is c apabl e of vertical and horizontal o perations, a nd are flow n onl y withi n our line of

sight. Utilizing b attery p ower rather than combustible fuels, flights generally l ast between fifteen ( 15 ) to

twenty ( 20 ) minutes, with an alt itude u nder tw o h undred ( 200) f

eet. We utilize a f

resh f ully c harged b attery

with e ach f

light as a safety p recaution; full flight time limit for each b attery i s t wenty -f ive (25) minutes as

tested.

We do not operate our sUAS at o r below the manufacture r recommend minimum charge levels fo r

operation; preferri ng t o remai n well w ithi n a safe operati ng range t o insure adequate communicati on

b etwee n radio control and sUAS to eliminat e potential for crash, loss of control

, or hazards. Re serve

batterie s are at hand with e ach e xercise to insure replacement for sufficient safe level of operation. We do

n o t believe in t aking r isk s that may c ause a c rash, which c ould c reate h azards to th e p ublic / property /

mann ed a ircraft, and h ave n o desire t o lose a n investment. We h ave done scores of practice flights i n

remote areas as a hobbyist s imulating flights for future commercial use to gain familiarization with the

characteristics o f this specific sUAS’s performance under different temperature a nd wea ther c onditions

. Al l

for th e s ake o f

s afety.TekUniq, LLC is e xtremely c autious w hen o perating o f our s UAS / ultra -l ightweight un mann ed a ircraft and

will not “creat e a hazard to users of th e national airsp ace system or th e public. ” 112 P.L. 95 § 333 (b ).

Given t he small size and w eight of our sUAS

, it falls well within C ong ress’s contemplated s afety z one

when it promulgated th e R eform A ct and th e c orresponding d irective to in tegrate s UASs in to th e n ational

airsp ace system. TekUniqs sUAS, used in h obby flight, h as a demonstrable safet y recor d a nd does not pose

a ny threat t o the general p ublic or national s ecurity.



### IV. Ho w Tekuniq ’s R equest Will Benefit the P ublic A s A W hole:

Ae rial photography a nd h as been around for a long time through m a nne d fixe d wi n g aircraft and

h elicopters. F o r small b udget p roductions the expense of suc h aerial photograph y a nd videogra p h y is cost

p rohibitive. O nl y larger companies ca n affor d t o absor b suc h expense. Manne d aircraft pose a threat t o the

p u b lic thr ough the p otential of a c atastrophic c rash. TekUniq 's sUAS pose s no such threat since size and

lack of combustible fuel alleviate s any potential threat to the public.

Congress has already proclaimed that it is in the public’s interest to integrate commercially fl own sUASs

into th e n ational airspace s ystem, hence th e p assing o f th e R eform A ct. Granting TekUniq ’s exemption

request furthers th e publi c interest thr ough academic/visual a wareness of the photograph y a nd videogra phy

fields throughout t he Dallas/Fort Worth a rea. Our u ltra -l ightweights U AS is b attery p owered a nd creates no

emissions that can harm th e environment. Th e consequen ce of our ultra -l ightweights U AS cra shing i s far

le ss than a full size helicopter or fixed wing aircraft; which are heavy, contain combustible fuel and can

cause catastrop h ic devastation to the public.

The public’s interest is furthered by minimizing ecological and crash threat by permitting aerial

p h o tograph y a nd videogra phy capture d thr ough our batter y operate d ultra -l ightweights U AS's. Permitting

TekUniq, LLC to im mediately f ly w ithin n ational air space further s economic growth. Granting our

exemption request substantially furthers th e economi c impact for th e Dallas/Fort Worth a rea f or c ompanies

looking to u se a erial photograph y a nd videography, b ot h of whic h serve as a stimulus t o the community.



### V. Rea son s Why TekUniq ’s E xemption W ill Not Adversely A ffect Safety O r H ow T he E xemption Will

Provide a Level of Safety At Least Equal To Existing Rule:

TekUniq ’s exemp tion w ill not adversely a ffect safety. Quite th e c ontrary, for th e r easons s tat ed permitti ng

u s

, James Henry and Nick Turnbow , to lo g m ore f light time in F AA c ontrolled a irspace, with

c ommunication w ith the F AA, will allow us to c ontribute to th e in novation a nd im plementation o f n ew a nd

n ovel, as o f

y et undiscovere d safet y protocols for photographers a nd v ideographers f or d evelopment in

c ooperation w ith the F AA.

In addition

, TekUniq, LLC submit the f ollowing r epresentations o f e nhancements to c urrent aerial

p h o tog ra phy/ videography. Our sUAS weighs less than 5 pounds complete with a small ultra -l i ghtweight

h i gh qualit y camera; we onl y opera te my sUAS below 400 feet (within the 400 foot permissible ceiling set

by the F AA M odernization a nd R eform A ct of 2 012); Our

s UAS o nly o perates f

or fiftenn ( 15 ) to twenty

( 20) minu tes per fl ight; We la nd o u r sUAS prior to m anufacturer r ecommended m inimum le vel of b attery

p ower; we pil ot our sUAS through remote contro l only b y v isual line o f sight ; Our sUAS ha s GPS, a flight

safety feature whereby it hovers and then slowly land s i f communication with th e remot e control pil ot is

lost; we actively analy ze flight dat a and other sources of information to constantly updat e and enhan ce

safety protocols; we only operate in rea sonably safe environment away from a irports a nd areas with larg e

g roups of people ; we conduct extensive pr e-f light inspections and protocol, during which safety carries

p rimary importance; we always obtain all necessary permissions prio r to operation; and, we have procedures

in place to a bort flights in th e e vent of s afety b reaches o r

p otential danger.

TekUniq's safety p rotocols p rovide a le vel of s afety e qual to o r

e xceeding e xisting r

ules. It is important to

n ote th at absent the in tegration o f c omme rc ial sUAS into our national airspace system, helicopters are the

p rimar y means of aerial p hotography a nd videography. W hile the safet y recor d of such helicopters is

remarkabl y astou n d ing, t here h as bee n incidents involvi ng loss of life as well as extensive propert y damage;

it i s far safer t o operate a batter y powere d ultra -l ightweight sUAS.First, the potential l oss o f life is diminishe d be ca us e sUAS s carry no people on board and we only operate

my sUAS in specific area s away from ma ss populations. Second, there is no fuel on bo ar d a sUAS and

thus the p otential for

f ire o r e xplosions is g reatly d iminis hed. T hird, the small size a nd extreme

maneuverability of my sUAS allow me to remotely pilot away from and avoid hazard s quickly and safely.

Lastly, given its small size and weight, even when close enough to capture amazing images, our sUAS need

not be so c lose to th e o bjects th ey a re f ocused o n th rough th e te chnology a nd u se o f p ost editing s oftware

a llowing panning, t ilti ng a nd zooming.

Accordingl y, our sUAS ha s been experimentally operated for familiarization/competency and will continue

to o perate a t an d above current s afet y levels.

VI

. A Summary: The F AA May Publish in the Federal Register:

A. 1 4 C.F.R. 21 a nd 1 4 C .F.R. 91: Airworthiness Certificates, Manuals and t he Like. 14 C

. F.R. 21, Subpart

H, entitled A irworthiness Certificates, sets forth requi rements fo r procurement of necessary airworthiness

certificates in relation to FAR § 91.203(a)(1). Th e size, weight and enclosed operational ar ea of TekUniq ’s,

sUAS permit s exemption from Part 21 because our sUAS meet s (and exceeds) an equivalent le vel of safet y

p u rsuant t o Secti on 333 of the Reform Act. T he FAA is authorize d t o exempt aircraft from the

a irworthiness c ertificate r equirement under b oth th e A ct (49 U .S.C. § 4 4701 ( f)) a nd S ection 3 3 3 o f th e

Re form Act. Both pieces of legislation permit th e F AA to e x empt sUAS s from the airworthine ss certificate

requirement in consideration of the weight, size, speed, maneuverability and proximity to areas such as

airports and dens e populations. TekUniq's current and proj ec ted sUASs m eets o r e xceeds e ach o f the

e lements. 14 C .F.R. 91.7(a) p rohibits th e o peration o f a n a ircraft without an a irworthiness c ertificate. As no

such certificate will be applicable in the form contemplated by the FARs, this Regulation i s inapplicable.

B. C. D. E . 14 C .F.R. § 9 1.9 ( b) ( 2) r equires a n a ircraft flight manual in th e a ircraft. As th ere ar e no on board

pilots or passengers, and given th e si ze o f th e sUASs, thi s Regulation i s inapplicable. An equivalent level of

safety will b e achieved by maintaining a safety/flight manual delineating areas of where safety can be

defined. The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738,

9 2 9 9

, 9299A, 9 565, 9 565B, 1 0167, 1 0167A, 1 0602, 1 0700 a nd 32827. 14 C.F.R. § 91. 121 regardi ng

altimeter set ti ngs is in applicable in sofar as our sUAS utilize s electronic global positioning system s with a

b arometric sensor. 14 C.F.R. § 91.203 (a) and (b) provide s for the carrying of civil aircraft certifications and

registrations. They ar e ina pplicable for the same reasons describe d abo v e. The equivalent level of s afety

w ill be a chieved b y m aintaining a ny s uch r equired c ertifications a nd r egistrations b y James Henry and Nick

Turnbow . 14 C .F.R. § 4 5.23: Marking o f th e A ircraft. Applicable C odes o f F ederal Re gulati on require

aircraft to b e marked according to certain specification s. Our sUAS s are, by definition, un manned. They

therefore d o n ot have a c abin, cockpit o r p ilot station o n w hich to m ark c ertain w ords o r

p hrases. Further,

two -i n ch le ttering is d iffic ult t o place o n suc h small a ircraft w it h dimensions smaller that minimal lettering

requirement. Regardless, we will mar k th e sUAS s in the largest possible lettering by placing the word

“EXPERIMENTAL” on its fuselage as required by 14 C.F.R. §45.29 (f) so th at th e pilot, and spotter with

th e UAV

, will s ee th e markings. Th e FAA has previously issued exemptions to th is r egulation th rough

E xemptions N os. 8738, 10167, 10167A a nd 1 0700. 14 C .F.R. § 6 1.113: Private Pilot Privileges and

Limi tations: PIC. Pursuant to 1 4 C .F.R. §§ 6 1.113 ( a) & ( b), private p ilots a re lim ited to n on -c ommercial

o perations. TekUniq LLC can a chieve a n e quivalent level of s afety a s a chieved b y current Regulations

becau se our sUAS doe s not carry any pilot s or pass engers. Further, whil e helpful, a pilot license will not

ensure remote control p iloti ng skills. T he risks attende d t o the operati on of our sUAS is f ar le ss th an th e r isk

le vels in herent in th e c ommercial activities o utlined in 1 4 C .F.R. § 6 1, et seq. Thus, allowing TekUniq, LLC

to o pera te our sUAS meet and exceed current safety level s in relation to 14 C.F.R. §61.113 (a) & (b). 14

C.F.R. 91.119: Minimum Safe Altitudes. 14 C.F.R. § 91.119 prescribes safe altitudes for th e operation of

civil aircraft. It al lows h elicopters to b e o perated a t lower a ltitud es in c ertain condition s. Our sUAS will

never operate at an altitude greater than 400 AGL. TekUniq, LLC will however o p era te our sUAS in safe

area s away from pub lic and traffic, providing a level of safety a t least equivalent to o r b elow th ose in

r elation to m inimum s afe a ltitudes. Given th e s ize, weigh t, maneuverability and speed of my sUAS, an

equivalent or higher level of safety will be achieved. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a ) &

(b) : Mainte na n ce Inspections. The above -c ited Regulations require, amongst other things, aircraft owners

and operators to “hav e [the] aircraft inspected as prescribed in subpart E of this part andshall between required inspections, except a s provided i n parag raph (c ) of this section, have discrepancies

repaired as prescribed in part 43 of this chap ter.

. . .”

These Regulations only apply to aircraft with an airworthiness certificate. They will not, therefore, apply to

TekUniq's sUAS. However, a s a sa fety precautio n I thoroughly insp e ct my sUAS befo re and after each

fligh t.

The FAA May Publish in the Federal Register: A. 14 C.F. R. 21 and 14 C. F.R. 91: Airworthiness

Certificates, Manuals and The Like. 14 C.F.R. 21, Subpart H, entitled Airworthiness Ce rtificates, sets forth

requirements fo r procurement of n ecessary airworthiness certificates in relation to FAR § 9 1 .203(a)(1). The

size, weight and enclosed operational area of my sUAS permit s exemp tion from Part 21 because TekUniq's

sUAS meet s an e quivalent level of s afety p ursuant to S ection 3 33 o f th e R eform A ct. The F AA is a uthorized

to e xemp t aircraft from th e a irworthiness c ertificate r equirement u nder b oth th e A ct (49 U.S.C. § 4 4701 ( f))

and Section 3 3 3 o f the Reform Act. Both pieces o f legi slation permit the FAA to exe mpt sUAS s from the

airworthine ss certificate requirement in consideration of the weight, size, speed, maneuverability and

p roximity to areas such a s airports and dense populations. Our sUAS meets or exceeds each of th e

elements. 1 4 C .F.R. 91.7(a) p rohibits th e o peration o f a n a ircraft without an a irworth iness certificate. As no

such certificat e will b e applicabl e in th e form contemplated b y th e FARs, this Regulation is in ap plicable. 14

C .F.R. § 9 1.9 ( b) ( 2) r eq u ires a n a ircraft flight manual in th e a ircraft. As th ere a re n o pilots or p assengers,

a nd give n the size o f th e sUASs, thi s Regulation i s inapplicable. An equivalent level of safet y will be

achieve d by maintaini ng a manual. T he FAA has previousl y issue d exemptions t o th is re gu lation in

Exemption Nos. 8607

, 8737, 8738, 9299, 9299A, 9 565, 9565B, 10167, maintenan ce program that involves

r egular s oftware u p d ates a nd c u rative m easures f or a ny d amaged h ardware. Th erefore, an equivalent level of

safety will b e achieved.

In summar y, TekUniq s eeks a n e xe mption fro m the following R egulations:

1 4 C.F.R. 2 1, s ubpart H ; 1 4 C.F.R. 4 5.23(b); 1 4 C.F.R. § § 61 .113 ( a) & ( b ); 14 C .F.R. §

9 1

. 7 (a); 1 4 C.F.R. § 91. 9 (b)(2); 1 4 C.F.R. § 91.103(b); 1 4 C.F.R. § 91 .109; 1 4 C .F.R. §

9 1 .119; 1 4 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. §§ 91.203(a) and (b); 1 4 C .F.R. § 9 1.405 ( a);

1 4 C.F.R. § 91. 407 (a)(1); 1 4 C.F.R. § 91. 409 (a)(2); 1 4 C.F.R. § 91 .4 0 9 ( a ) (2); and, 14 C.F.R. §§ 91.4 17

(a) & (b ) to commercially operate TekUniq's small unman ned vehicle/lightweight un manned aircraft vehicl e

in community awareness and aerial p ho tograph y a nd vid eogra phy operations. Currently, ar ea awareness and

aerial photography an d videography relies primarily on th e us e of larger aircraft running o n combustible

fuel. Posi ng potential r is k t o the public. G ranti ng TekUniq ' s request for exemption will redu ce current risk

levels and thereby enhan ce safet y. Our sUAS craft doe s no t contain p o tentiall y exp losive fuel, is smaller,

lighter a n d more maneuverable tha n co n v entional a ircraft w it h much less f light time. Fu rther, we o perate a t

lower a ltitudes a nd in c ontrolled a irspace e liminating p otential public risk flying to and from establ is hed air

fields. TekUniq, LLC ha s b een in formally a nalyzing f light information a nd w ill compile s afety p rotocols

a nd th e im plementation o f a f lig ht operations m anual that exceeds currently accepted means and methods

for saf e flight. Formal collection of information shared with the F AA w ill enhance th e F AA's in ternal

e fforts to e stablish p rotoco ls f or c omp lying w ith th e F AA Modernization and Reform Act of 2012. There

are no personnel on -b o ar d TekUniq's sUAS and therefore th e lik elihood o f d eath o r s erious b odily in

jury is

s ig n ificantly d iminished. TekUn iq's operati o n of o u r sUAS, weighing le ss than 5 pound s and trav ellin g at

lower speed s within limited area s will provide a n equivalent l evel of safet y as t hat achieve d under current

FARs. According l y , James Henry and Nick Turnbow respectfully request that the FAA gran t o u r e xemp tion

r eq u est and a re w illing to c ooperate in s h aring information to b enefit th e F AA, safety o f m an n ed a ircraft, an d

th e g eneral public a t large.

Resp ectfully s ubmitted,

James Henry

President

TekUn iq

, LLC

PO Box 173242

Arlington, TX. 76003