October 10, 2015 

U. S. Department of Transportation Docket Management System

1200 New Jersey Ave, 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;

119.121; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a) (1); 91.409(a) (2); 91.417(a)&(b)

Dear Sir or Madam, 

I, James Henry, am writing pursuant to the FAA Modernization and Reform Act of 

2012 and the procedures contained within 14 C.F.R. 11, to request that our company, TekUniq LLC, an 

owner and operator of small unmanned aircraft, be exempted from the Federal Aviation Regulations 

(“FARs”) listed below so that, James Henry and Nick Turnbow, co-owners of TekUniq LLC, may operate 

our small ultra-lightweight unmanned aircraft system (“sUAS”) commercially in airspace regulated by the 

Federal Aviation Administration (“FAA”). 

As described herein, TekUniq LLC produces commercial and entertainment video. We have added a 

Yuneek Q500 4K quad-coptersUAS to our inventory equipped with a self-contained camera with intent for 

aerial photography and videography; following exemption and approval by the FAA. 

TekUniq LLC's exemption request would permit operation of ultra-light weight, unmanned (piloted by 

remote control) and comparatively inexpensive sUAS(s) in tightly controlled and limited airspace.

Predetermined in areas away from large public gatherings, airports and heliports for commercial and 

entertainment videos, photos and video of real estate, individual homeowner aerial photography/

videography, photography and video of land developments for builders, and nature photos and videos in 

completely unpopulated areas, and other community related events upon request. 

Currently, similar lightweight, remote controlled sUASs are legally operated by unmonitored amateur 

hobbyists with no safety plan or controls in place to prevent catastrophe. TekUniq LLC has personally 

instilled safety protocols and controlsto avoid and prevent public hazard, as well as manned aircraft hazards/

catastrophe. 

Granting TekUniq’s request comports with the Secretary of Transportation’s (FAA Administrator’s) 

responsibilities and authority to not only integrate sUASs into the national airspace system, but to 

“...establish requirements for the safe operation of such aircraft systems [sUASs] in the national airspace 

system” under Section 333(c) of the Reform Act specific to the use of sUASs for photography & 

videography purposes. Further, TekUniq LLC, will conduct our operations in compliance with the protocols 

described herein or as otherwise established by the FAA. 

For the reasons stated below, TekUniq LLC, respectfully request the grant of an exemption allowing us to 

operate ultra-light weight, remote controlled sUASs for the purposes of acquiring aerial photos & videos, 

both of which will promote local economic growth through increased employment and increased tax base. 

Both with public safety in mind by keeping heavier manned aircraft containing combustible fuel that that 

poses potential public hazard. 

I. Contact Information:

James Henry, TekUniq, LLC, PO Box 173242, Arlington, TX. 76003. Office: (817) 330-3457 Mobile:

(940) 642-9795. Email: j.henry@tekuniq.com

Nick Turnbow, TekUniq, LLC, PO Box 173242, Arlington, TX. 76003. Office: (817) 330-3457 Mobile:

(940) 368-2205. Email: n.turnbow@tekuniq.com
II. The Specific Sections of Title 14 of the Code of Federal Regulations From Which TekUniq, LLC

Requests Exemption are: 14 CFR 21; 14 C.F.R. 45.23(b); 14 CFR 61.113 (a) & (b); 14 C.F.R. 91, et seq.;

14 CFR 407 (a) (1); 14 CFR 409 (a) (2); and, 14 CFR 417 (a) & (b).

III. The Extent of relief TekUniq LLC seeks and the Reason He Seeks Such Relief:

TekUniq, LLC submits this application in accordance with the Reform Act, 112 P.L. 95 §§ 331-334,

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

contemplated commercial cinematic, academic and other flight operations within the national airspace

system. The Reform Act in Section 332 provides for such integration of civil unmanned aircraft systems

into our national airspace system as it is in the public’s interest to do so.

TekUniq's ultra-lightweight sUAS meets the definition of “small unmanned aircraft” as defined in Section 

331 and therefore the integration of our ultra-lightweight sUAS is expressly contemplated by the Reform 

Act. We would like to operate our ultra-lightweight sUAS prior to the time period by which the Reform Act 

requires the FAA to promulgate rules governing such craft. Thereby, providing direct experience and 

valuable information for formal regulation that can be administered uniformly to all related sUAS aerial 

photography & videography. 

The Reform Act guides the Secretary in determining the types of sUASs that may operate safely in our

national airspace system. Considerations include: The weight, size, speed and overall capabilities of the

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

will be operated by line of sight. 112 P.L. 95 § 333 (a). Each of these items reflect in favor of an exemption 

for TekUniq, LLC. Our sUAS utilizes four (4) counter-rotating propellers for balance, control and stability. 

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

safety technology. Weighing less than five (5) pounds (far below the maximum 55 pound limit); including 

camera with gimbal. 

TekUniq considers safety as an upmost importance with every flight. Our small unmanned aircraft is 

designed to hover in place via GPS and operate in less than a 16 knot (17 mph) wind. For safety, stability,

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

include a GPS mode that allows our sUAS to hover in place when radio controls are released. With three 

modes to choose from, we utilize the 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 designed to reach 35ft, return to point of take off, and slowly descend. 

We do not operate my sUAS near airports, Hospitals nor Police heliports, and do not operate near areas 

where general public is within thirty to one hundred (30-100) yards depending on location, conditions and 

weather. We are constantly on alert, with a minimum of two operators, for any manned aircraft (Police/

Medical helicopters, etc.) and prepared to land / abort immediately to the nearest and safest ground point 

should a manned aircraft approach my location or we suspect manned aircraft may approach near our

location. Our sUAS is capable of vertical and horizontal operations, and are flown only within our line of 

sight. Utilizing battery power rather than combustible fuels, flights generally last between fifteen (15) to 

twenty (20) minutes, with an altitude under two hundred (200) feet. We utilize a fresh fully charged battery 

with each flight as a safety precaution; full flight time limit for each battery is twenty-five (25) minutes as 

tested.

We do not operate our sUAS at or below the manufacturer recommend minimum charge levels for 

operation; preferring to remain well within a safe operating range to insure adequate communication 

between radio control and sUAS to eliminate potential for crash, loss of control, or hazards. Reserve 

batteries are at hand with each exercise to insure replacement for sufficient safe level of operation. We do 

not believe in taking risks that may cause a crash, which could create hazards to the public / property / 

manned aircraft, and have no desire to lose an investment. We have done scores of practice flights in 

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

characteristics of this specific sUAS’s performance under different temperature and weather conditions. All 

for the sake of safety. 
TekUniq, LLC is extremely cautious when operating of our sUAS / ultra-lightweight unmanned aircraft and 

will not “create a hazard to users of the national airspace system or the public.” 112 P.L. 95 § 333 (b). 

Given the small size and weight of our sUAS, it falls well within Congress’s contemplated safety zone 

when it promulgated the Reform Act and the corresponding directive to integrate sUASs into the national 

airspace system. TekUniqs sUAS, used in hobby flight, has a demonstrable safety record and does not pose 

any threat to the general public or national security. 

IV. How Tekuniq’s Request Will Benefit the Public As A Whole:

Aerial photography and has been around for a long time through manned fixed wing aircraft and

helicopters. For small budget productions the expense of such aerial photography and videography is cost

prohibitive. Only larger companies can afford to absorb such expense. Manned aircraft pose a threat to the

public through the potential of a catastrophic crash. TekUniq's sUAS poses no such threat since size and

lack of combustible fuel alleviates any potential threat to the public.

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

into the national airspace system, hence the passing of the Reform Act. Granting TekUniq’s exemption 

request furthers the public interest through academic/visual awareness of the photography and videography 

fields throughout the Dallas/Fort Worth area. Our ultra-lightweights UAS is battery powered and creates no 

emissions that can harm the environment. The consequence of our ultra-lightweights UAS crashing is far 

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

cause catastrophic devastation to the public. 

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

photography and videography captured through our battery operated ultra-lightweights UAS's. Permitting 

TekUniq, LLC to immediately fly within national air space furthers economic growth. Granting our

exemption request substantially furthers the economic impact for the Dallas/Fort Worth area for companies 

looking to use aerial photography and videography, both of which serve as a stimulus to the community. 

V. Reasons Why TekUniq’s Exemption Will Not Adversely Affect Safety Or How The Exemption Will

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

TekUniq’s exemption will not adversely affect safety. Quite the contrary, for the reasons stated permitting 

us, James Henry and Nick Turnbow, to log more flight time in FAA controlled airspace, with 

communication with the FAA, will allow us to contribute to the innovation and implementation of new and 

novel, as of yet undiscovered safety protocols for photographers and videographers for development in 

cooperation with the FAA. 

In addition, TekUniq, LLC submit the following representations of enhancements to current aerial 

photography/videography. Our sUAS weighs less than 5 pounds complete with a small ultra-lightweight 

high quality camera; we only operate my sUAS below 400 feet (within the 400 foot permissible ceiling set 

by the FAA Modernization and Reform Act of 2012); Our sUAS only operates for fiftenn (15) to twenty 

(20) minutes per flight; We land our sUAS prior to manufacturer recommended minimum level of battery

power; we pilot our sUAS through remote control only by visual line of sight; Our sUAS has GPS, a flight

safety feature whereby it hovers and then slowly lands if communication with the remote control pilot is

lost; we actively analyze flight data and other sources of information to constantly update and enhance

safety protocols; we only operate in reasonably safe environment away from airports and areas with large

groups of people; we conduct extensive pre-flight inspections and protocol, during which safety carries

primary importance; we always obtain all necessary permissions prior to operation; and, we have procedures

in place to abort flights in the event of safety breaches or potential danger.

TekUniq's safety protocols provide a level of safety equal to or exceeding existing rules. It is important to 

note that absent the integration of commercial sUAS into our national airspace system, helicopters are the 

primary means of aerial photography and videography. While the safety record of such helicopters is 

remarkably astounding, there has been incidents involving loss of life as well as extensive property damage; 

it is far safer to operate a battery powered ultra-lightweight sUAS. 
First, the potential loss of life is diminished because sUASs carry no people on board and we only operate 

my sUAS in specific areas away from mass populations. Second, there is no fuel on board a sUAS and 

thus the potential for fire or explosions is greatly diminished. Third, the small size and extreme 

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

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

not be so close to the objects they are focused on through the technology and use of post editing software 

allowing panning, tilting and zooming. 

Accordingly, our sUAS has been experimentally operated for familiarization/competency and will continue 

to operate at and above current safety levels. 

VI. A Summary: 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 Certificates, sets forth requirements for procurement of necessary airworthiness

certificates in relation to FAR § 91.203(a)(1). The size, weight and enclosed operational area of TekUniq’s,

sUAS permits exemption from Part 21 because our sUAS meets (and exceeds) an equivalent level of safety

pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the

airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the

Reform Act. Both pieces of legislation permit the FAA to exempt sUASs from the airworthiness certificate

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

airports and dense populations. TekUniq's current and projected sUASs meets or exceeds each of the

elements. 14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no

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

B. C. D. E. 14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no on board

pilots or passengers, and given the size of the sUASs, this Regulation is inapplicable. An equivalent level of

safety will be 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,

9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700 and 32827. 14 C.F.R. § 91.121 regarding

altimeter settings is inapplicable insofar as our sUAS utilizes electronic global positioning systems with a

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

registrations. They are inapplicable for the same reasons described above. The equivalent level of safety

will be achieved by maintaining any such required certifications and registrations by James Henry and Nick

Turnbow. 14 C.F.R. § 45.23: Marking of the Aircraft. Applicable Codes of Federal Regulation require

aircraft to be marked according to certain specifications. Our sUASs are, by definition, unmanned. They

therefore do not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further,

two-inch lettering is difficult to place on such small aircraft with dimensions smaller that minimal lettering

requirement. Regardless, we will mark the sUASs in the largest possible lettering by placing the word

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

the UAV, will see the markings. The FAA has previously issued exemptions to this regulation through

Exemptions Nos. 8738, 10167, 10167A and 10700. 14 C.F.R. § 61.113: Private Pilot Privileges and

Limitations: PIC. Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to non-commercial

operations. TekUniq LLC can achieve an equivalent level of safety as achieved by current Regulations

because our sUAS does not carry any pilots or passengers. Further, while helpful, a pilot license will not

ensure remote control piloting skills. The risks attended to the operation of our sUAS is far less than the risk

levels inherent in the commercial activities outlined in 14 C.F.R. § 61, et seq. Thus, allowing TekUniq, LLC

to operate our sUAS meet and exceed current safety levels 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 the operation of

civil aircraft. It allows helicopters to be operated at lower altitudes in certain conditions. Our sUAS will

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

areas away from public and traffic, providing a level of safety at least equivalent to or below those in

relation to minimum safe altitudes. Given the size, weight, 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): Maintenance Inspections. The above-cited Regulations require, amongst other things, aircraft owners

and operators to “have [the] 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. . . .” 

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

TekUniq's sUAS. However, as a safety precaution I thoroughly inspect my sUAS before and after each 

flight. 

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 Certificates, sets forth 

requirements for procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The 

size, weight and enclosed operational area of my sUAS permits exemption from Part 21 because TekUniq's

sUAS meets an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized 

to exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f)) 

and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt sUASs from the 

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

proximity to areas such as airports and dense populations. Our sUAS meets or exceeds each of the 

elements. 14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no 

such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable. 14 

C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no pilots or passengers,

and given the size of the sUASs, this Regulation is inapplicable. An equivalent level of safety will be

achieved by maintaining a manual. The FAA has previously issued exemptions to this regulation in

Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, maintenance program that involves

regular software updates and curative measures for any damaged hardware. Therefore, an equivalent level of

safety will be achieved.

In summary, TekUniq seeks an exemption from the following Regulations: 

14 C.F.R. 21, subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. §§ 61.113 (a) & (b); 14 C.F.R. § 

91.7 (a); 14 C.F.R. § 91.9 (b)(2); 14 C.F.R. § 91.103(b); 14 C.F.R. § 91.109; 14 C.F.R. § 

91.119; 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. §§ 91.203(a) and (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. § 91.409 (a ) (2); and, 14 C.F.R. §§ 91.417

(a) & (b) to commercially operate TekUniq's small unmanned vehicle/lightweight unmanned aircraft vehicle

in community awareness and aerial photography and videography operations. Currently, area awareness and

aerial photography and videography relies primarily on the use of larger aircraft running on combustible

fuel. Posing potential risk to the public. Granting TekUniq's request for exemption will reduce current risk

levels and thereby enhance safety. Our sUAS craft does not contain potentially explosive fuel, is smaller,

lighter and more maneuverable than conventional aircraft with much less flight time. Further, we operate at

lower altitudes and in controlled airspace eliminating potential public risk flying to and from established air

fields. TekUniq, LLC has been informally analyzing flight information and will compile safety protocols

and the implementation of a flight operations manual that exceeds currently accepted means and methods

for safe flight. Formal collection of information shared with the FAA will enhance the FAA's internal

efforts to establish protocols for complying with the FAA Modernization and Reform Act of 2012. There

are no personnel on-board TekUniq's sUAS and therefore the likelihood of death or serious bodily injury is

significantly diminished. TekUniq's operation of our sUAS, weighing less than 5 pounds and travelling at

lower speeds within limited areas will provide an equivalent level of safety as that achieved under current

FARs. Accordingly, James Henry and Nick Turnbow respectfully request that the FAA grant our exemption

request and are willing to cooperate in sharing information to benefit the FAA, safety of manned aircraft, and 

the general public at large.

Respectfully submitted,

James Henry

President

TekUniq, LLC 

PO Box 173242

Arlington, TX. 76003