GT Nix Construction Inc.

1125 Highway 414N 

Mountain View, WY 82939-0607

7/2/2015

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590

Re: Exemption Request Under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation 

Regulations

Dear Madam, Sir,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 

C.F.R. Part 11, GT Nix Construction Inc, an operator of Unmanned Aircraft System (“UAV's”) seeks an 

exemption from the Federal Aviation Regulations (“FARs”) listed below:

14 C.F.R. § 61.113 (a) & (b)

14 C.F.R. § 61.133(a)

14 C.F.R. § 91.7(a)

14 C.F. R.§ 91.119

14 C.F.R. § 91.121

14 C.F.R. § 91.151 (a)

14 C.F.R. § 91.405 (a)

14 C.F.R. § 407 (a) (1)

14 C.F.R. § 409 (a) (2)

14 C.F.R. § 417 (a) & (b)

Background information

GT Nix Construction is a family owned and operated company that has been in business since 1986 and 

incorporated in 1996. We are a small civil construction firm, that provides a variety of services to our 

customers using UAV equipment as a data collection product. Through the use of UAV equipment we can 

increase productivity while keeping job costs and time to a minimum as well as providing a safe working 

environment for our customers and employees. 

Unmanned Aerial Vehicle (UAV) technology has become a desirable commodity within our market of

data collection services. As our client demands continue to evolve traditional data collection, aerial 

imagery and lidar lack the resolution, efficiency and accuracy for elite site planning and job completion, 

inspections and video. Participating in the exemption process will ensure that GT Nix Construction is in 

compliance with all current regulations while helping customers safely and responsibly integrate the UAV 

technology into our daily operations. With the addition of new UAV technology we can continue our 

growth into different markets and allow us to pursue aerial video and imaging applications.

Safety

We are committed to safety and furthering our application of technology to do so. GT Nix Construction is 

requesting this exemption in part to ensure the safety of our Clients and Crews that participate with our 

daily integration of technology and the ensure the safety and to prevent damage to agriculture, buildings, 

nature habitats and any and all structures found in our daily operations as well as protecting the general 

public.
Experience with UAV Systems

GT Nix Construction has been involved with UAV systems since June of 2015. We have since been 

running planned mission test flights to simulate the services that we can provide to our clients in a safe 

and professional manner. These test flights have been both in real world scenarios on private lands and 

with simulation software to provide our operators the best and most efficient flight scenarios available. 

Our Exemption Request

GT Nix Construction is requesting this exemption to allow us to use Aerial Video and high resolution 

imagery in both commercial and residential applications. We plan to use this "Data" to record, identify

and memorialize events and objects as wells as provide inspections provide a new level safety for our 

clients.

We are planning on using the Imagery and video to document the condition of landscapes, job sites, 

buildings, bridge inspections, flare stack inspections, aerial inspections of roofs and buildings, wind 

turbines, cell towers, pipelines, filmmaking, news gathering, job site monitoring and completeness, 

surface mining operations, education, motion picture production, closet set filming, before and after 

reclamation images, safety inspections, assistance with search and rescue operations, photography for 

public and private use.

Our UAS systems will be operated highly trained and knowledgeable individuals that will maintain the 

highest level of safety in their operations. Each of the UAV's in use will be no more than 55lbs and 

operate between 5-25 mph top speed. In addition to the weight and speed of our UAV's we will be 

operating at a maximum height of 400 AGL feet and no closer than 5 nautical miles from FAA published 

airports, unless a letter of agreement has been established with the airport operator.

Type Make and Model of sUAV/UAS

1. 3D Robotics Aero – M

2. 3D Robotics Aero

3. 3D Robotics Iris

4. 3D Robotics Solo

5. 3D Robotics X8

6. 3D Robotics X8+

7. 3D Robotics X8-M

8. 3D Robotics Y6

9. DJI - F450

10. DJI-F550

11. DJI-Inspire 1

12. DJI-Matrice 100

13. DJI-Phantom 2

14. DJI-Phantom 3

15. DJI-Phantom 4

16. DJI – Spreading Wings S800

17. DJI – Spreading Wings S900

18. DJI – Spreading Wings S1000

19. DJI – Spreading Wings S1000+

20. Parrot - Bebop
21. Parrot - AR Drone 2

22. Sensefly Ebee 

23. Sensefly - eXom

24. Skycatch

25. Trimble UX5

26. Trimble UX5-HP

27. Trimble ZX5

Each UAV weighs less than 55lbs, fully loaded with imaging equipment and applicable flight gear.

Mission/Operation Purpose:

This exemption request, once granted would allow GT Nix Construction to operate sUAV

and UAS to conduct Infrastructure inspections, aerial inspections, equipment inspections, 

photography, and videos of commercial and residential real estate, utility infrastructure 

inspections, filmmaking, wildlife and forestry monitoring, agriculture analysis, insect 

control, aerial live video to assist law personnel with search and rescue operation, help 

provide education information to the public via News footage, special event coverage and 

training material, assessment of mining operations, aerial mapping, and aerial data 

collection.

Operating Requirements:

Grant of the exemption to GT Nix Construction Inc for the listed sUAV/UAS will be subject to the 

following operating conditions:

 1. Operations authorized by this grant of exemption are limited to the listed sUAV/UAS when 

weighing less than 55 pounds including payload. Proposed operations of any other aircraft will 

require a new petition or a petition to amend this exemption.

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

holder may use either groundspeed or calibrated airspeed 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 must be operated at an altitude of no more than 400 feet above ground level (AGL). 

Altitude must be reported in feet AGL.

 4. The UA must 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 must utilize a visual observer (VO). The UA must be operated within the visual 

line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS 

requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able 

to communicate verbally at all times; electronic messaging or texting is not permitted during flight 

operations. The PIC must be designated before the flight and cannot transfer his or her designation 

for the duration of the flight. The PIC must 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 this grant of exemption, are hereinafter 

referred to as the operating documents. The operating documents must be accessible during UAS 

operations and made available to the Administrator upon request. If a discrepancy exists between 

the conditions and limitations in this exemption and the procedures outlined in the operating 

documents, the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating documents. The 

operator may update or revise its operating documents. It is the operator’s responsibility to track 

such revisions and present updated and revised documents to the Administrator or any law 

enforcement official upon request. The operator must also present updated and revised documents 

if it petitions for extension or amendment to this grant of exemption. If the operator determines that 

any update or revision would affect the basis upon which the FAA granted this exemption, then the 

operator must petition for an amendment to its grant of exemption. The FAA’s UAS Integration 

Office (AFS-80) may be contacted if questions arise regarding updates or revisions to the operating 

documents.

 7. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight 

characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight 

prior to conducting further operations under this exemption. Functional test flights may only be 

conducted by a PIC with a VO and must remain at least 500 feet from other people. The functional 

test flight must be conducted in such a manner so as to not pose an undue hazard to persons and 

property.

 8. The operator is 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 must conduct a pre-flight inspection and determine the UAS is in a 

condition for safe flight. The pre-flight inspection must 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 is 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 must 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 must comply with all manufacturer safety bulletins.

 12. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, 

recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical 

certificate or 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 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 may 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 this 

exemption, including evasive and emergency maneuvers and maintaining appropriate distances

from persons, vessels, vehicles and structures. PIC qualification flight hours and currency must be 

logged in a manner consistent with 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 this exemption are permitted under the terms of this exemption. However, training 

operations may 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 must operate the UA with appropriate distance from nonparticipants 

in accordance with 14 CFR § 91.119.

 14. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations 
must be conducted under visual meteorological conditions (VMC). Flights under special visual 

flight rules (SVFR) are not authorized.

 15. The UA may 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 must be made 

available to the Administrator or any law enforcement official upon request.

 16. The UA may 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.

 17. If the UAS loses communications or loses its GPS signal, the UA must return to a predetermined location within the private or controlled-access property.

 18. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

 19. The PIC is 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 five minutes or with the reserve power recommended by the 

manufacturer if greater.

 20. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All operations 

shall be conducted in accordance with an ATO-issued COA. The exemption holder may apply for 

a new or amended COA if it intends to conduct operations that cannot be conducted under the 

terms of the attached COA.

 21. All aircraft operated in accordance with this exemption must 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 must be as large as practicable.

 22. 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 must be available to the PIC at the Ground 

Control Station of the UAS any time the aircraft is operating. These documents must be made 

available to the Administrator or any law enforcement official upon request.

 23. The UA must remain clear and give way to all manned aviation operations and activities at all 

times.

 24. The UAS may not be operated by the PIC from any moving device or vehicle.

 25. All Flight operations must 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 must 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 must 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, operator trainees or essential persons are not considered nonparticipating persons 

under this exemption.

 26. All operations shall be conducted over private or controlled-access property with permission 
from the property owner/controller or authorized representative. Permission from property

owner/controller or authorized representative will be obtained for each flight to be conducted.

 27. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of 

the operational area as defined by the applicable COA must be reported to the FAA's UAS 

Integration Office (AFS-80) within 24 hours. Accidents must be reported to the National 

Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: 

www.ntsb.gov.

CONCLUSION

Overall, UAV technology offers a more efficient, cost-effective data collection method to all in need. 

Utilizing the listed UAS's will allow GT Nix construction to provide its customers a service and platform 

that will save money and increase workflow efficiency. Furthermore, the unmanned aspect decreases the 

risk of placing employees in hazardous conditions often required by traditional data collection devices. 

GT Nix Construction, has hopefully provided an adequate justification for the grant of the exemption.

Please do not hesitate to contact me if you have any questions. 

Yours sincerely,

Jace E Nix

Jace E Nix 

Vice President

GT Nix Construction Inc

307-780-7007

jacenix@gtnix.com
ANNEX A: EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS 

UNDER APPLICABLE RULES SUBJECT TO EXEMPTION

GT Nix Construction Inc requests an exemption from the following regulations as well as any additional 

regulations that may technically apply to the operation of the UAV:

14 C.F.R. § 61.113(a) & (b); 61.133(a): Private Pilot Privileges and Limitations; Pilot in Command; 

Commercial Pilot Privileges and Limitations

The regulation provides that no person may serve as a required pilot flight crewmember of a civil aircraft 

of the United States, unless that person:

(1) Has a pilot certificate or special purpose pilot authorization issued under this part in that person's 

physical possession or readily accessible in the aircraft when exercising the privileges of that pilot 

certificate or authorization. However, when the aircraft is operated within a foreign country, a pilot license 

issued by that country may be used.

The regulation provides also that no person that holds a private pilot certificate may act as pilot in 

command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in 

command of an aircraft in connection with any business or employment if: 

(1) The flight is only incidental to that business or employment; 

(2) The aircraft does not carry passengers or property for compensation or hire.

14	C.F.R.	§	61.113(a)	&	(b);:	Private	Pilot	Privileges	and	Limitations;	Pilot	in	Command;

Section 61.113(a) & (b) limit private pilots to non-commercial operations. Unlike a conventional aircraft 

that carries a pilot, passengers, and cargo, the UAV is remotely controlled with no passengers or property 

of others on board. Section 61.133(a) requires an individual with commercial pilot’s license to be pilot in 

command of an aircraft for compensation or hire. 

Additional automated safety functions and safety enhancing features of the UAVs may include the

following:

1.1. Auto-pilot detection of lost GPS or of insufficient satellites initiates an immediate landing.

1.2. Low power on the aircraft triggers escalating alarms at GCS at 35% and 10% levels. Low 

power below 10% triggers an immediate landing.

1.3. If the auto-pilot detects a lost-link to the ground controller, the UAS will hold position at its 

current location for 5 seconds and if the signal is not restored, execute a return to home and 

land.

1.4. Redundant “kill switches” that enable completely shutting the aircraft down in flight in the 

event of a loss of control or un-commanded deviation from the flight path.

1.5. The aircraft, weighs less than 55 lbs., fully loaded.

1.6. The motors are driven by pulse width modulated signals, not analog signals.

1.7. The aircraft will operate for the Purposes at no more than 30 mph (while imaging)nor above 

200 feet above the structure (imaging altitude) or a maximum of 400AGL.

Given these safety features, GT Nix proposes that Operators of the UAV should not be required to hold a 

commercial or private pilot certification. 

Instead, Operators should be required to: have successfully completed, at a minimum, FAA private pilot 

ground instruction and passed the FAA Private Pilot written examination or FAA-recognized equivalents; 

have completed the manufacturer’s or GT Nix's training program for operation of the UAS.
GT Nix notes that the FAA has found that safety factors permitted operation of UASs by Operators with 

these qualifications in the case of operations pursuant to public COAs where the mandatory operating 

conditions specified above were present. See, Federal Aviation Administration, Notice N-8900.227, 

Unmanned Aircraft Systems (UAS) Operational Approval, at20-21 (July 30, 2013). Likewise, GT Nix 

notes that the NPRM does not require that the Operator hold a private pilot license issued by the FAA.

Given these conditions and restrictions, an equivalent level of safety will be provided by allowing 

operation of the GT Nix's UAV 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 GT Nix UAV (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 UAS 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 UAS without an airworthiness 

certificate, no standard will exist for airworthiness of the UA. Given the size of the aircraft and the 

requirements that the Operator has agreed to as it relates to airworthiness, as contained in the manual, an 

equivalent level of safety will be achieved by insuring compliance with the manuals prior to each flight. 

The FAA has granted exemptions to conduct similar operations in Exemptions 11062 through 11067, 

11080 and 11110.

14 CFR § 91.119: Minimum Safe Altitudes

The regulation provides that over sparsely populated areas the aircraft cannot be operated closer than 500 

feet to any person, vessel, vehicle, or structure. Since the aircraft will be operating at a maximum of 400 

feet AGL, the UAV cannot comply with this requirement.

The equivalent level of safety will be achieved because the UAV will only fly over private property with 

the permission of the landowner. The operator will define before every flight a working area radius and a 

flight area ceiling, preventing the UAV to go beyond the flight area.

The landowner and the persons who may be on the ground in the flight area will be briefed of the expected 

route of flight and the associated risks to persons and property on the ground. Due to the small size of the 

UAV and the material with which the UAV is built, the hazard to persons, vessels, vehicles, and structures 

is not comparable to manned aircraft and should be considered in granting the exemption. 

Moreover, the aircraft will not be operated over congested areas nor over any open-air assembly of 

persons. The aircraft will be operated at an altitude allowing, if a power unit fails, an emergency landing 

without undue hazard to persons or property on the surface.

14 C.F.R. §91.121 Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an 

altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting 

available before departure.” As the GT Nix UAV's, in manual or emergency mode, will not have a 
barometric altimeter display, but instead a GPS altitude display, an exemption will be needed. The 

Operator, pursuant to the procedures set forth in the Manuals as indicated before flight, will achieve an 

equivalent level of safety. The FAA has granted exemptions to conduct similar operations in Exemptions 

11062 through 11067, 11080and 11110.

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

The regulation provides that no person may begin a flight in an airplane under day-VFR conditions unless 

there is enough fuel to fly to the first point of intended landing and to fly after that for at least 30 minutes.

Given the area of operation for the UAV, GT Nix Construction Inc believes that an equivalent level of 

safety is already achieved with the specific procedure preventing the UAV to accept a take-off order is the 

battery level is below a given value. Moreover, the UAV manufacturers has integrated “low” and “critical” 

battery level warnings and implemented a “return to Home” (and “Go Land”) actions in these situations.

14 C.F.R. §91.405 (a); 91.407 (a) (1); 91.409(a) (2); 91.417(a) & (b): Maintenance Inspections

These regulations require that an aircraft Operator or owner “shall have that aircraft inspected as 

prescribed in subpart E of this part and shall between required inspections, excepts provided in paragraph 

(c) of this section, have discrepancies repaired as prescribed in part43 of this chapter...,” and others shall 

inspect or maintain the aircraft in compliance with Part 43.

Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these 

sections will not apply to the Petitioner. Maintenance will be accomplished by the Operator or 

manufacturer pursuant to the flight manual and operating handbook as referenced in the Manuals attached 

as confidential Exhibits an equivalent level of safety will be achieved because these small UASs are very 

limited in size and will carry a small payload and operate only in defined areas for limited periods of 

time. If mechanical issues arise, the UAS can land immediately and will be operating from no higher than 

400 feet AGL. As provided in the Aircraft Flight Operations Manual the Operator will ensure that the 

UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any 

maintenance performed. Moreover, the Operator and manufacturer are most familiar with the aircraft and 

best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety. The 

FAA has granted exemptions for similar operations in Exemptions 11062 through11067, 11080 and 

11110.