Before the

FEDERAL AVIATION ADMINISTRATION

Washington, DC

PETITION FOR EXEMPTION TO OPERATE FAA Regulatory Docket No.

SMALL UNMANNED AIRCRAFT SYSTEMS ___________________

I. SUMMARY

Terp et al, LLC., a California company ("Terp et al"), located at 920 Orizaba Ave., Long 

Beach, CA 90804 seeks authority to commercially operate a unmanned aircraft system fleet 

pursuant to Federal Aviation Regulations (14 C.F.R. § 1.61) and Section 333 of the FAA 

Modernization and Reform Act of 2012, Special Rules for Certain Unmanned Aircraft Systems. 

Terp et al also seeks exemption from the requirements of certain provisions of 14 C.F.R. Parts 21, 

36, 45.23(b), 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a) and (b), 61.133(b), 61.315(a), 91.7(a), 

91.9 (b)(2), 91.103(b)(1), 91.109(a), 91.119(c), 91.121, 91.151, 91.203(a) and (b) 91.405(a), 

91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b). The proposed exemptions, if granted, 

would allow Terp et al to conduct commercial operations of small unmanned aircraft systems 

(“UAS”) weighing 55 pounds or less.

II. BACKGROUND

Terp et al is a cutting edge professional services and technology company. Consistent with 

Congressional intent in enacting Section 222, Terp et al seeks to utilize remote flying and viewing 

technology to create value for its clients in education and research. Terp et al seeks the requested 
exemptions and a Certificate of Authorization permitting Terp et al to offer a suite of services to 

various industries and use cases, such as: 

 Aerial photography, videography, and surveying;

 Closed-set filming and aerial photography;

 Surveying, monitoring, inspections, videography, photography and filmmaking;

 Aerial imaging for safety, monitoring, inspecting and/or recording of secured and 

controlled environment construction sites, proposed development sites, 

inspections of property, and photography for realty advertisements;

 Precision photogrammetry and crop scouting;

 Search operations for missing persons;

 Educational research, technical demonstrations and training;

 Precision agriculture, market research, surveying, mapping and inspection; and

 Oil and gas pipeline inspections, solar installation inspections, power line/cable 

inspections, cooling tower inspections, forestry, critical infrastructure inspections, 

wind turbine inspections, and radiation measurement and monitoring

III. STATUTORY AUTHORITY

Section 333, Special Rules for Certain Unmanned Aircraft Systems, provides a procedure 

for seeking expedited FAA authorization for safe civil UAS operations in the NAS. Subpart a states 

that the FAA “shall determine if certain unmanned aircraft systems may operate safely in the 

national airspace system before completion of the [comprehensive] plan and rulemaking required 

by 332(b)(1) of this act or the guidance required by section 334 of this Act.” In Section 332(b)(1), 

Congress made it clear that section 333 provides a procedure for “expedited operational 

authorization.”

Section 333(b) identifies factors that the FAA should consider in determining whether 

commercial US operations should be approved when, “as a result of their size, weight, speed, 

operational capability, proximity to airports and populated areas, and operation within the visual 
line of sight do not create a hazard to users of the [NAS] or the public or pose a threat to national 

security.”

In addition, Section 44701(f) confers a general authority to grant exemptions from the 

FAA’s safety regulations and minimum standards when the administrator decides a requested 

exemption is in the public interest.

IV. TERP ET AL EXEMPTIONS REQUESTED

Terp et al requests relief from:

14 C.F.R. Part 21 prescribes, in pertinent part, procedural requirements for issuing and 

changing design approvals; production approvals; airworthiness certificates; and airworthiness 

approvals.

14 C.F.R. Part 36 sets forth noise standards for aircraft type and airworthiness certification.

14 C.F.R. Part 45.23(b) sets forth the requirement, if applicable, that the word 

“Restricted” be displayed on the unmanned aircraft near each entrance to the cabin, cockpit or 

pilot station.

14 C.F.R. Part 61.23(a) and (c) sets forth requirements for medical certificates.

14 C.F.R. Part 61.101(e)(4) and (5) prescribes recreational pilot privileges and limitations.

14 C.F.R. Part 61.113(a) and (b) prescribes private pilot privileges and limitations.

14 C.F.R. Part 61.133(b) prescribes commercial pilot privileges and limitations.
14 C.F.R. Part 91.7(a) prescribes, in pertinent part, that no person may operate a civil 

aircraft unless it is in an airworthy condition.

14 C.F.R. Part 91.9 (b)(2) prohibits operation of US registered civil aircraft unless there is 

available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, approved manual 

material, markings, and records, or any combination thereof.

14 C.F.R. Part 91.103(b)(1) prescribes, in pertinent part, that each pilot in command shell, 

before beginning a flight, become familiar with all available information concerning that flight, 

include, “for any flight, runway lengths at airports of intended use, and the following takeoff and 

landing distance:... For civil aircraft forwards and approved Airplane or Rotorcraft Flight Manual 

containing takeoff and landing distance data is required, the takeoff and landing distance data 

contained therein.” 

14 C.F.R. Part 91.109(a) provides that “no person may operate a civil aircraft (except in

manned free balloon) that is being used for flight instruction unless the aircraft has fully functioning 

dual controls.”

14 C.F.R. Part 91.119(c) prescribes that, except when necessary for takeoff or landing, no 

person may operate an aircraft below the certain altitudes under certain conditions.

14 C.F.R. Part 91.121 requires, in pertinent part, 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 ultimate setting available before departure.”

14 C.F.R. Part 91.151 prescribes that no person may begin 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 of intended 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.

14 C.F.R. Part 91.203(a) and (b) prohibits, in subpart (a), any person operating a civil 

aircraft unless it has within it (1) an appropriate concurrent airworthiness certificate; and (2) an 

effective US registration certificate issued to its owner or, for operation within the United States, 

the second copy of the Aircraft Registration Application as provided for in §43.3 7(c). Section 

91.203 prescribes, in subpart (b), that no person may operate a civil aircraft unless and 

airworthiness certificate or a special flight authorization issued under §91.715 legible to passengers 

or crew is displayed at the capital cockpit.

14 C.F.R. Part 91.407(a)(1) prohibits, in pertinent part, any person from operating an 

aircraft that has undergone maintenance, inventive maintenance, rebuilding, or alteration unless it 

has been approved for return to service by a person authorized under §43.7 of the same chapter.

14 C.F.R. Part 91.409(a)(1) and (2) prescribes, in pertinent part, that no person may operate 

aircraft unless, within the preceding 12 calendar months, it has had an inspection for the issuance 

of an airworthiness certificate in accordance with part 21 of this chapter.

14 C.F.R. Part 91.417(a) and (b) prescribes, in pertinent part, that each registered owner or 

operator shall keep the following records for the periods specified in paragraph (b) of this section: 

(1) Records of the maintenance, preventive maintenance, and alteration and records of the 100-

hour, annual, progressive, and other required or approved inspections, as appropriate, for each 

aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The 

records must include— (i) A description (or reference to data acceptable to the Administrator) of 
the work performed; and (ii) The date of completion of the work performed; and (iii) The 

signature, and certificate number of the person approving the aircraft for return to service. (2) 

Records containing the following information: (i) the total time in service of the airframe, each 

engine, each propeller, and each rotor. (ii) The current status of life-limited parts of each airframe, 

engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on 

the aircraft which are required to be overhauled on a specified time basis, (iv) the current 

inspection status of the aircraft, including the time since the last inspection required by the 

inspection program under which the aircraft and its appliances are maintained, and (v) The current 

status of applicable airworthiness directives (AD) and safety directives including, for each, the 

method of compliance, the AD or safety directive number and revision date. If the AD or safety 

directive involves recurring action, the time and date when the next action is required, and (vi) 

copies of the forms prescribed by §43.9(d) of this chapter for each major alteration to the airframe 

and currently installed engines, rotors, propellers, and appliances. 

The records specified in paragraph (a)(1) of this section shall be retained until the work is 

repeated or superseded by other work or for 1 year after the work is performed.

The records specified in paragraph (a)(2) of this section shall be retained and transferred 

with the aircraft at the time the aircraft is sold.

A list of defects furnished to a registered owner or operator under §43.11 of this chapter 

shall be retained until the defects are repaired and the aircraft is approved for return to service.

V. TERP ET AL’S OPERATIONS SATISFY SECTION 333 REQUIREMENTS

a. Terp et al’s UAS Fleet
Terp et al proposes to operate two small UAS under this exemption. 

Yuneec Q500

Terp et al seeks an exemption to operate a Yuneec Q500 for compensation or hire. The 

Q500 is comprised of a multi-rotor unmanned aircraft and one handheld ground control station. 

The Q500 is equipped with four rotors driven by four lithium polymer battery powered electric 

motors. Design and operational characteristics are provided in Operating Manual available at 

http://www.yuneec.com/download/TyphoonQ500PUserManualV1.pdf

3DR Iris+

Terp et al seeks an exemption to operate a 3DR Iris+ for compensation or hire. The 3DR 

Iris+ is comprised of a multi-rotor unmanned aircraft and one handheld ground control stations. 

The 3DR Iris+ is equipped with four rotors driven by four lithium polymer battery powered electric 

motors. Design and operational characteristics are provided in the Operating Manual available at 

http://3drobotics.com/wp-content/uploads/2015/02/IRIS-Plus-Operation-Manual-vH-web.pdf.

b. Pilot In Command (PIC) and Operations

All Terp et al Flight Crews, including PIC and Visual Observers (VO), will be qualified as 

directed by FAA and Terp et al Standard Operating Procedure (SOP).

All flight crewmembers, including PIC and VO, will have an understanding of, and comply 

with, Title 14 Code of Federal Regulations, and/or Agency directives and regulations, applicable 

to the airspace where the UAS will operate. Specifically all flight crew members will receive 

training on the rules and responsibilities described in 14 CFR Part 91 Sections 91.111, 91.113 and 
91.115 regarding cloud clearance, flight visibility and the pilot controller glossary, including 

standard ATC phraseology and communication. 

The PIC must possess at least a current private pilot certificate and third class medical 

certificate. The PIC must also meet the flight review requirements specified in 14 CFR Section 

61.56 in an aircraft in which the PIC is rated on his/her pilot certificate. 

Prior to operations, the PIC must have accumulated and logged, in a manner consistent 

with 14 CFR Section 61.51(b), a minimum of 25 hours of total time as a UAS pilot and at least ten 

hours logged as a UAS pilot with similar UAS type (fixed wing or rotary). Prior documented flight 

experience that was obtained in compliance with applicable regulations may satisfy this 

requirement. Training, proficiency, and experience building flights are requested to be conducted 

under this grant of exception to accomplish the required flight cycles and flight time. During 

training, proficiency, and experience building flights, all persons not essential for flight operations 

will be considered non-participants and the PIC will operate the UAS with appropriate distance 

from non-participants in accordance with 14 CFR Section 91.119.

The UAS shall remain clear and yield the right of way to all other manned aviation 

operations and activities at all times.

The UAS shall be operated at an altitude of no more than 400 feet above ground level 

(AGL). All altitudes reported to ATC will be in feet.

The multi-rotor UAS shall not be flown at a ground speed exceeding 30 mph.

Fixed wing and hybrid UAS shall be flown at a ground speed not to exceed the maximum 

design limitation air speed of 57 mph as stated in the operating manuals.
UAS Operations will be conducted under visual meteorological conditions (VMC). The 

UAS will not be operated less than 500 feet below or less than 2000 feet horizontally from a cloud 

or when visibility is less than 3 statute miles from the PIC.

If the UAS loses communications or loses its GPS signal, it must return to a pre-determined 

location within the planned operating area and land or be recovered in accordance with Terp et al

SOP.

The UAS PIC must abort the flight in the event of unpredicted obstacles or emergencies in 

accordance with operating documents.

The UAS PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough power to fly at normal cruising speed to the intended landing 

point and land the UAS with 25% battery power remaining.

c. Terp et al’s UAS Operating Parameters

The UAS operated in accordance with this proposed exemption shall be identified by serial 

numbers, registered in accordance with 14 CFR part 47, and have identification (N-Number) 

markings in accordance with 14 CFR part 45, Subpart C. Markings will be as large as practicable.

The UAS documents required under 14 CFR 91.9 and 91.203 shall be available to the PIC 

at the Ground Control Station of the UAS anytime the aircraft is operating. Those documents shall 

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

Any UAS incidents, accidents or flight operations that transgress the lateral or vertical 

boundaries of the operational area as defined by the applicable COA shall be reported to the FAA’s 
UAS Integration Office (AFS-80) within 24 hours. Accidents shall be reported to the National 

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

www.ntsb.gov.

Unless otherwise specified in this petition, the UAS PIC, and the UAS operations shall 

comply with all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61 and 91.

The UAS shall not be operated over congested or densely populated areas. These areas 

include but are not limited to the yellow areas depicted on World Aeronautical Charts (WAC), 

Sectional Aeronautical Charts (Sectionals), or Terminal Area Charts (TAC). Each work site will 

also be evaluated based on local conditions.

Operations of UAS may be conducted at distances less than 500 feet from participating 

persons, vessels, vehicles or structures that perform an essential function in connection with these 

special purpose operations. Operations closer than 500 feet from the PIC, VO, operator trainees 

and essential persons are permitted when operationally necessary; but never so close to present an 

undue hazard. This is consistent with Exemption No. 11138.

Operations of UAS may be conducted at distances less than 500 feet from unoccupied 

vessels, vehicles or structures owned by the land owner/controller when the land owner/controller 

grants such permission, and the PIC makes a safety assessment of the risk from operations and 

determines that it does not present an undue hazard to persons or property. This is consistent with 

Exemption No. 11138.

Flight operations will be conducted at least 500 feet from all nonparticipating persons 

unless barriers or structures are present that sufficiently protect nonparticipating persons from the 
UAS and/or debris in the event of an accident. Terp et alshall 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 UAS, flight operations will cease immediately. This is 

consistent with Exemption No. 11138.

All operations of UAS shall be conducted with the permission from the land 

owner/controller or authorized representative. Permission from the land owner/controller or 

authorized representative will be obtained for each flight to be conducted.

The UAS will not operate within 5 nautical miles of an airport reference point as denoted 

on a current FAA-published aeronautical chart unless a letter of agreement with that airport’s 

management is obtained, and the operation is conducted in accordance with a NOTAM as required 

by the operator’s COA. The letter of agreement with the airport management will be made 

available to the Administrator upon request. This is consistent with Exemption No 11159.

The UAS must be operated within VLOS of the PIC and VO at all times. This requires the 

PIC to be able to use human vision to see the UAS unaided by any device other than corrective 

lenses, as specified on the PIC’s FAA issued medical certificate.

All UAS operations must utilize a VO. 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. The PIC and VO 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 functions prescribed in Terp et al’s SOP.
The UAS will not be operated by the PIC from any moving device or vehicle. Operations 

will not be conducted during night as defined in 14 CFR 1.1.

Terp et al will conduct preflight safety risk assessments to determine that the UAS is in a 

condition for safe flight (14 CFR Section 91.7(b)) and that the planned operation can be completed 

safely. Specific procedures are addressed in Terp et al’s SOP, and UAS Operation Manuals.

Terp et al’s operations do not require a notification to Flight Standards District Offices (FSDOs).

Terp et al shall obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or 

Authorization (COA) prior to conducting any operations outside the parameters of this requested 

grant of exemption. Additionally, Terp et al will request a Notice to Airmen (NOTAM) not more 

than 72 hours, but not less than 48 hours prior to the operation.

Prior to operations conducted for the purpose of precision agriculture (or similar 

operations), the PIC must have accumulated and logged in a manner consistent with 14 CFR 

Section 61.51(b), a minimum of five hours as a UAS PIC operating the make and model of the UAS 

to be utilized for operations under this requested exemption, and three take-offs and landings in 

the preceding 90 days. Training, proficiency, experience-building, and take-off and landing 

currency flights are requested to be conducted under this grant of exemption to accomplish the 

required flight time and 90 day currency. During training, proficiency, experience building, and 

take-off and landing currency flights all personnel not essential for flight operations are considered 

nonparticipants, and the PIC must operate the UAS with appropriate distance from 

nonparticipants in accordance with 14 CFR Section 91.119. 
All operations must utilize a VO. The VO may be used to satisfy the Visual Line of Sight 

(VLOS) requirement as long as the PIC always maintain VLOS capability. The VO and PIC must 

be able to communicate verbally at all times. This condition and limitation is consistent with all 

FAA approved Exemptions.

VI. Terp et al’s Requested Exemption Promotes the Public Interest

Granting Terp et al’s petition for exemption will further the public interest because Terp 

et al seeks to perform necessary and vital services for public and private organizations. Such 

services include research, education, agricultural, search and rescue. The Terp et al unmanned 

aircraft fleet are battery-powered UAS that serve as a safe, efficient, and economical alternative to 

the demand aircraft traditionally utilized in obtaining aerial imagery within these industries. An 

exemption allowing Terp et al’s UAS fleet to operate would reduce the amount of manned aircraft 

operating in the NAS, reduce noise and air pollution. In addition, the safety of life and property 

both in the air and on the ground would be improved.

By reducing the number of manned aircraft operating in the NAS airport congestion caused 

by arriving and departing aircraft will be reduced. The Terp et al UIS fleet does not require an 

airport to take off or land. A reduction of manned aircraft conducting aerial imagery flights would 

mean air traffic control handling less traffic during the ground, takeoff, departure, arrival and 

landing phases of flight operations.

Aerial imagery missions using the Terp et al UAS fleet, instead of manned aircraft, benefits 

the public by drastically reducing air and noise pollution generated during manned aircraft 

operations. The Terp et al UAS fleet, a battery powered electric motor, is the most viable 
environmentally conscious alternative to internal combustion aircraft. The maximum gross weight 

of 5 pounds per UAS has less physical mass for collateral damage to life and property whether on 

the ground or in the air.

a. Exemption From The Requirements Of Section 91.9(b) Would Not Adversely Affect 

Safety

This exemption would maintain the level of safety established by Section 91.9(b) because Terp et 

al will keep the approved Airplane Flight Manual at the ground control station where the pilot in 

command will have immediate access to the document. 

Previous exemptions granted by the FAA concerning Section 91.9(b) establish that safety is not 

adversely affected when the approved Aircraft Flight Manual is kept at the ground control station 

of a UAS, where it can be immediately accessed by the pilot in command. Section 91.9(b) “requires 

aircraft to carry the flight manual so the pilot would have ready access to the aircraft limitations 

while in flight.” Exemption No. 8607. However, the FAA has also found that UAS will always be 

operated without any passengers or crew onboard, and that “requiring these special-use aircraft 

[UAS] to carry superfluous paper documents may present a safety hazard to the integrity of the 

[UAS].” Id. The FAA has previously granted exemptions in circumstances similar, in all material 

respects, to those presented herein (e.g., Exemption Nos. 8607, 8737, 8738, 9299, 9430, 9554, 

9564, 9565, 10167, 10602, 10673, 10835, 10869, 10968).

b. Exemption From The Requirements Of Section 91.203(a) and (b) Would Not Adversely 

Affect Safety
This exemption would maintain the level of safety established by Sections 91.203(a) and (b) 

because Terp et al will keep the required documents at the ground control station where the pilot 

in command will have immediate access.

Previous exemptions granted by the FAA concerning Sections 91.203(a) and (b) establish that 

safety is not adversely affected when the Airworthiness Certificate and U.S. registration certificate 

are kept at the ground control station of the UAS, where it can be immediately accessed by the 

pilot in command. Specifically, the FAA has held that the intent of Sections 91.203(a) and (b) is 

better served by having the required documents in the control of the UAS operator (pilot in 

command), reasoning as follows: “The original intent of the subject regulation was to display the 

airworthiness and registration documents so they would be easily available to FAA inspectors and 

passengers for inspection and verification of the airworthiness and registration of the aircraft . . . 

In this case, the aircraft will always be operated without any passengers or crew.” 

The missions for which UASs are intended will prevent the need for aircraft normally prescribed 

for civil aircraft. Further, it will be operated on strictly confined missions from a known departure 

and arrival point, under the constant control of a pilot-in-command. Requiring these special-use 

aircraft to carry superfluous paper documents may present a safety hazard to the integrity of the 

[UAS]. FAA operating limitations and special arrangements with Air Traffic Control (ATC) for 

surveillance of [UAS] flights adequately compensate for the requirements for carrying 

airworthiness and registration documents. The intent of the regulation is better served by having 

the required documents in the control of the aircraft operator and available for inspection under 

the special conditions prescribed in this exemption. 
The FAA has previously granted exemptions in circumstances similar, in all material respects, to 

those presented herein (e.g., Exemption Nos. 8607, 8737, 8738, 9299, 9564, 9565,

10167, 10602, 10673, 10835, 10869, 10968).

VII. CONCLUSION

As set forth above, Terp et al seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of 

the FAA Modernization and Reform Act of 2012, which will permit safe operation of the Terp et 

al UAS fleet commercially, without an airworthiness certificate, for the purposes described above. 

By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of 

the FAA Modernization and Reform Act of 2012, and the public, by allowing Terp et al to safely, 

efficiently, and economically operate the UAS fleet commercially within the NAS.

WHEREFORE, in accordance with the Federal Aviation Regulations and the FAA Modernization 

and Reform Act of 2012, Section 333, Terp et al respectfully requests that the Administrator grant 

this Petition for an exemption from the requirements of 14 C.F.R. Parts 21, 36, 45.23(b), 61.23(a) 

and (c), 61.101(e)(4) and (5), 61.113(a) and (b), 61.133(b), 61.315(a), 91.7(a), 91.9 (b)(2), 

91.103(b)(1), 91.109(a), 91.119(c), 91.121, 91.151, 91.203(a) and (b) 91.405(a), 91.407(a)(1), 

91.409(a)(1) and (2), and 91.417(a) and (b). 

Dated this 31 May 2015.

Daryl G. Crouse, Esq.

920 Orizaba Ave.

Long Beach, CA 90804

(562) 342-4246