U.S. Department of Transportation

CORE Construction, Inc. Request for Exemption under Title 14 CFR, SECTION 333

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June 18, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington DC, 20590

Regarding: CORE CONSTRUCTION, INC. REQUEST FOR EXEMPTION UNDER TITLE 14 CFR, SECTION

333

Dear Sir or Madam;

CORE Construction, Inc. has offices in seven states and has been privileged to work on some of the

mostrecognizable education and municipal projectsin those states. Our works includes projects in 

the expanding healthcare system, education, and public projects.

As a Construction Manager, CORE Construction, Inc. is required to perform different inspections on

the outside of existing buildings. These inspections validate the construction techniques and

procedures and often require our employees to be put in situations that require CORE to accept

risk. We have found that by using a “small Unmanned Aircraft System” (sUAS) with a high

resolution camera mounted on it, often times we can accomplish the same inspections and

alleviate the need to put our employees in danger.

CORE Construction, Inc. shares Congress’s goal of getting sUAS flying commercially in the United

States safely and soon. In the FAA Modernization and Reform Act of 2012, Congress directed the

FAA “to safely accelerate the integration of civil unmanned aircraftsystemsin theNational Airspace

System and under section 333 of the law, gave the FAA power to grant innovators “expedited

operational authorization” to do so.

By this petition, CORE Construction, Inc. is seeking authorization to conduct operations with a

“small Unmanned Aircraft System” (sUAS) on our own construction sites in order to improve the

safety of our employees and ensure quality assurance for the facilities we are inspecting.
U.S. Department of Transportation

CORE Construction, Inc. Request for Exemption under Title 14 CFR, SECTION 333

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

Part 11, CORE Construction, Inc., (“Petitioner”), requests exemption from several provisions of

the Federal Aviation Regulations (“FAR”). Specifically, portions of 14 CFR Parts 21, 27, 45, 61 and

91 to allow, amongotherthings,the use oftheUAS –DJI Phantom, in theNational Airspace System

(NAS) by knowledged individuals in all regulations and operations of aircraft according to FAA

regulations.

A. PetitionerInformation

CORE Construction, Inc.

3036 East Greenway Road

Phoenix, AZ 85032

Phone: (602) 999-4000

Fax (602) 999-4010

B. Specific section or sections of 14 CFR from which CPM seeks exemption

a. 14 CFR Part 21 Subpart H

b. 14 CFR Part 27

c. 14 CFR § 45.23(b)

d. 14 CFR § 45.27

e. 14 CFR §§ 61.113(a) and (b)

f. 14 CFR § 91.119

g. 14 CFR § 91.121

h. 14 CFR § 91.151(a);

i. 14 CFR § 91.203(a) and (b)

j. 14 CFR § 91.405(a)

k. 14 CFR § 91.407(a)(1)

l. 14 CFR §§ 91.409(a)(1) and (2)

m. 14 CFR §§ 91.417(a) and (b)

C. The reasons CORE seeks relief

If granted the above exemptions, CORE will operate the sUAS with the property owner’s

permission. CORE intends to use the sUAS for the following activities;
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CORE Construction, Inc. Request for Exemption under Title 14 CFR, SECTION 333

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a. Surveying hard to reach areas of buildings

b. Roof top inspections

c. Building Exterior Envelope Inspections

d. Visual Documentation of Existing Site Conditions before Construction

e. Visual Documentation of Existing Site Conditions during Construction

f. Visual Documentation of Existing Site Conditions after Construction

g. Quality Control / Quality Assurance Inspections

D. The Aircraft

CORE Construction, Inc. specifically proposes to conduct sUAS operations using small UAS

including the DJI Phantom 3. The DJI Phantom is a multi-rotor aircraft built with a carbon

airframe. The DJI Phantom has a maximum takeoff weight of 1 kg (2.21b. The DJI Phantom is

powered by a 3-Cell Lithium Polymer battery with 5200 mAh, which provides 10-15 minutes of

flight. The DJI autopilots features auto-takeoff and landing, auto go home and landing, GPS

waypoint navigation, direction lock, and GIS Mapping.

Specifications include: DJI Phantom:

• Diameter: 350 mm (1.15ft)

• Maximum Weight: 1 kg (2.2 lb)

• Number of Motors: 4

• Power of Motors- 114 W

• Maximum Cruise Speed: 10 m/s (19 kts)

• Maximum Climb Rate: 6 m/s (-1200 fpm)

• Maximum Wind Speed: 8 m/s (15.6 kts)

CORE Construction, Inc. agrees that the sUAS will include, at minimum: flights not to exceed

a maximum altitude ceiling of 400' AGL, flight programming capabilities, a flight termination

link available to the operator to prevent a "fly away," and safe abort procedures. If the sUAS

loses communications orits GPS signal,the sUAS willreturn to a pre-determined location and land

or be recovered in accordance with the Operations Manual. The sUAS will have markings

identifying the serial number and identification (N-number) markings as large as practicable.

Further, CORE's UAS operation will comply with all manufacturer Safety Bulletins. The sUAS to be

used will weigh less than 25 pounds and would be specifically
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CORE Construction, Inc. Request for Exemption under Title 14 CFR, SECTION 333

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E. Operating Parameters

a. Petitioner proposes that the exemption requested herein apply to civil aircraft

that have the characteristics and that operate with the limitations listed

herein. These limitations provide for at least an equivalent or even higher level

of safety to operations under the current regulatory structure because the

proposed operations represent a safety enhancement to the already safe

operations conducted with conventional aircraft. Further details about the

aircraft and operating procedures are available in the Operations and Training

Manual.

b. The limitations and conditions to which CORE agrees to be bound when

conducting operations with sUAS include;

i. UAS Pilot and Observer

1. Completed FAA Private Pilot Ground school instruction and

passed the FAA Private Pilot written exam.

2. All UAS operations must utilize a visual observer ("VO").

3. The pilot-in-command ("PIC") and VO must be able to

communicate verbally during all operations. If unable to

maintain two-way communication, or if any condition occurs

that may otherwise cause the operation to be unsafe, the

operator will immediately conclude the operation.

ii. Operational Parameters

1. Aircraft will not carry pilots or passengers, and aircraft will not

carry explosive materials or flammable liquid fuels.

2. UAS must be operated within visual line of sight of the pilot at

all times.

3. UAS may not be flown at ground speeds exceeding 30 knots.

4. Flights will be operated at an altitude of no more than 400 feet

above ground level.

5. Each UAS operation will be completed within 20 minutes flight

time or 25% battery power remaining, whichever occurs first.

At 30% battery the UAS will enter a return and land sequence,

at 20% it will land immediately.

6. The UAS flight will be aborted in the event of unpredicted

obstacles or emergencies in accordance with the Operations

Manual.

7. Operations will be limited to sparsely populated areas under

the land owners consent.
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CORE Construction, Inc. Request for Exemption under Title 14 CFR, SECTION 333

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8. The operator must obtain a Certificate of Waiver of

Authorization (COA) prior to conducting any operations under

this grant of exemption.

9. Before conducting operations, the radio frequency spectrum

used for operation and control of the UAS will comply with the

FCC or other appropriate government oversight agency

requirements.

10. UAS operations will not be conducted during night, as defined

in 14 C.F.R. § 1.1. All operations will be conducted under visual

flight rules (VFR).

11. The UAS will not be operated by the PIC from any moving

device or vehicle.

12. The UAS will 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.

13. The UAS will not operate in class B, C, or D airspace without

approval from the FAA. The UAS will not operate within 5

nautical miles of the geographic center of a non-towered

airport as denoted on a current FAA published aeronautical.

14. Any incident, accident, or flight operation that transgresses the

lateral or vertical boundaries of the operation area defined by

the applicable COA will be reported to the FAA’s office within

24 hours. Accidents will be reported to the National

Transportation Safety Board (NTSB) per instructions contained

on the NTBS web site; www.ntsb.gov.

15. The operator will follow the procedures as outlined in its

Operation Manual.

16. The Operations Manual will be made available upon request.

17. Prior to each flight, the pilot will inspect the UAS to ensure it is

in condition for safe flight. If the inspection reveals a

discrepancy, the aircraft will be prohibited from operating until

the necessary maintenance has been performed and the UAS is

found to be in a condition for safe flight.

18. All maintenance and alterations will be properly documented

in the aircraft records.

19. Petitioner will institute a rigorous maintenance program to

ensure airworthiness of the UAS. Operator will follow the
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CORE Construction, Inc. Request for Exemption under Title 14 CFR, SECTION 333

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manufacturer's UAS aircraft/component, maintenance,

overhaul; replacement, inspection, and life limit requirements.

20. Operator will develop procedures to document and maintain a

record of the UAS maintenance, preventative maintenance,

alterations, status of replacement/overhaul component parts,

and the total time in service of the UAS. These procedures will

be added to the Operations Manual.

Specific Sections of C.F.R. from which Petitioner Seeks an Exemption

CORE Construction, Inc. requests exemption from the following Federal Aviation Regulations

(FARs) to the extent necessary to enable the requested UAS operations for the reasons

detailed below;

1. 14 C.F.R. Part 21 Subpart H Airworthiness Certificates

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the

issuance of airworthiness certificates. Given the size and limited operating area associated with

the aircraft to be utilized. An exemption from Part 21 Subpart H meets the requirements of an

equivalent level of safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation

Act and Section 333 of the FMRA both authorize the FAA to exempt aircraft from the requirement

for an airworthiness certificate, upon consideration of the size, weight, speed, operational

capability, and proximity to airports and populated areas of the particular UAS. In all cases, an

analysis of these criteria demonstrates that the UAS operated without an airworthiness

certificate, in the proposed environments and under the conditions proposed will be at least as

safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an

airworthiness certificate without the restrictions and conditions proposed.

The DJI Phantom is to be operated hereunder is less than 25 pounds each including payload,

carries neither a pilot nor passenger, carries no explosive materials nor flammable liquid fuels,

and will operate exclusively within the parameters stated in the Operations Manual. Unlike other

civil aircraft, operations under this exemption will be tightly controlled and monitored by both

the operator and under the requirements and in compliance with local public safety

requirements, to provide security for the area of operation. Finally, these sUAS, as a result of its

size, weight, speed; operational capability and operation within visual sight will not create a

hazard to users of the national airspace system or pose any threat to national security.
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CORE Construction, Inc. Request for Exemption under Title 14 CFR, SECTION 333

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2. 14 C.F.R. Part 27: Airworthiness Standards: Normal Category Rotorcraft

14 CFR Part 27 sets forth the procedural requirements for airworthiness certification of normal

category rotorcraft. To the extent the Petitioner's DJI Phantom would otherwise require

certification under Part 27, as a rotorcraft, Petitioner requests an exemption from Part 27's

airworthiness standards for the same reasons identified in the exemption request from item A.

14 CFR Part 21, Subpart H.

3. 14 C.F.R. § 45.23(b) Display of Marks; General; 14 C.F.R. § 45.27 Location of Marks; NonFixed Wing

Aircraft Section 45.23(b) requires markings in letters not less than 2 inches nor more than 6

inches high the words such as "limited, "restricted," and "experimental," as applicable. Section

45.27 requires that each operator of a rotorcraft must display on that rotorcraft horizontally on

both surfaces of the cabin, fuselage, boom, or tail the marks required by§ 45.23.

Given the size of the UAS, two-inch lettering will not be feasible. The UAS will also have no

entrance to the cabin, cockpit, or pilot station on which the applicable words can be placed. An

equivalent level of safety will be achieved by having any required words displayed on the aircraft,

as applicable, in letters of legible size, in a location where the pilot, observer, and others working

with the UAS will see the identification. The FAA has issued exemptions to § 45.23 in Exemptions

Nos. 10700, 8738, 10167, 10167A and 11062. The FAA issued an exemption to 45.27 in Exemption

No.8496B.

4. 14 C.F.R. §§ 61.113(a) and (b) Private Pilot Privileges and Limitations

Sections 61.113 (a) and (b) limit private pilots to non-commercial operations. Because the UAS

will not carry a pilot or passengers, the proposed operations can achieve the equivalent level

safety of current operations by requiring the PIC operating the aircraft to have completed FAA

Private Pilot Ground school instruction and passed the FAA Private Pilot written exam to operate

this small UAS. Unlike a conventional aircraft that carries the pilot and passengers, the UAS is

remotely controlled with no living thing on board. The area of operation is controlled and

restricted, and all flights are planned and coordinated in advance as set forth in the Operations

Manual. The level of safety provided by the requirements included in the pilot's certificate

operating a conventional aircraft. The risks associated with the operation of the UAS are so

diminished from the level of risk associated with commercial operations contemplated by Part

61 when drafted, that allowing operations of the UAS as requested with a private pilot asthe PIC
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exceeds the present level of safety achieved by 14 C.F.R.§§ 61.113 (a) and (b). The FAA issued an

exemption to this regulation in Exemption No. 1 1062.

5. 14 C.F.R. § 91.119 Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows

helicopters to be operated at less than the minimums prescribed, provided the person operating

the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this

exemption is for a UAS that is a helicopter and the exemption requests authority to operate at

altitudes up to 400' AGL. As set forth herein, except for the limited conditions stated in the

Manual, the UAS will never operate at altitudes higher than 400' AGL. It will however be

operated in an area with perimeter, where buildings and people will not be exposed to

operations without their pre-obtained consent. The equivalent level of safety will be achieved

given the size, weight, speed of the UAS as well as the location where it is operated. No flight

will be taken without the permission of the property owner or local officials. Compared to flight

operations with aircraft or rotorcraft weighing far more than the maximum 25lbs proposed

herein and the lack of flammable fuel, any risk associated with these operations is far less than

those presently presented with conventional aircraft operating at or below 400' AGL. In addition,

the low-altitude operations of the UAS will ensure separation between these small UAS

operations and the operations of conventional aircraft that must comply with Section 91.119.

The FAA issued an exemption to this regulation in Exemption No. 11062.

6. 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. The UAS will have a barometric altimeter for

measuring relative altitude changes, but the displayed altitude on the ground station will be GPS

measurements, therefore an exemption may be needed. An equivalent level of safety will be

achieved by the operator, pursuant to the Operations Manual, confirming the altitude of the

launch site shown on the GPS altitude indicator before flight. The FAA issued an exemption to

this regulation in Exemption No. 11062

7. 14 C.F.R. § 91.151(a) Fuel requirements for flight in VFR conditions

Section 91.151 (a) prohibits an individual from beginning a flight in an airplane under VFR

conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly

to the first point 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."

Complying with the 30 minute reserve requirement in 14 C.F.R. § 91.151, would unnecessarily
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limit the length of CORE Construction, Inc.'s UAS flights. The batteries powering the DJI Phantom

provide approximately 15 minutes of flight time. To meet the 30 minutes reserve requirement

in 14 C.F.R. § 91.151, the UAS flights would not be possible. Given the limitations on the UAS's

proposed flight area and the location of its proposed operations within a predetermined area,

a longer time frame for flight in daylight conditions is reasonable. Operating the small UAS in a

tightly controlled area where only personnel and property owners will be present does not

engender the type of risks that§ 91.151(a) was intended to alleviate given the size and speed of

the small UAS. CORE Construction, Inc. believes that an equivalent level of safety can be

achieved by limiting flights to 12 minutes or 25% of battery power, whichever happensfirst.

The FAA issued an exemption to thisregulation in Exemption No.1 1062 and 10673.

8. 14 C.F.R. §91.203 (a) and (b) Carrying Civil Aircraft Certification and Registration

The regulation provides in pertinent part;

a. Except as provided in § 91.715, no person may operate a civil aircraft unless it

has within it the following:

i. An appropriate and current airworthiness certificate

b. No person may operate a civil aircraft unless the airworthiness certificate

required by paragraph (a) of this section or a special flight authorization issued

under §91.715 is displayed at the cabin or cockpit entrance so that it is legible

to passengers or crew.

The UAS fully loaded weighs no more than 25 lbs. and is operated without an onboard pilot. As

such, there is no ability or place to carry certification and registration documents or to display

them on the UAS. An equivalent level of safety will be achieved by keeping these documents at

the ground control point where the pilot flying the UAS will have immediate access to them, to

the extent they are applicable to the UAS. The FAA has issued numerous exemptions to this

regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665,

9789, 9789A, 9797, 9797A, 9816A, and 10700.

9. 14 C.F.R. § 91.405(a) Maintenance Required; 14 C.F.R. § 91.407(a)(1) Operation After

Maintenance, Preventive Maintenance, Rebuilding or Alteration; 14 C.F.R. §§ 

91.409(a)(1) and (2) Inspections; 14 C.F.R. §§ 91.417(a) and (b) Maintenance Records

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, except as provided
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in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this

chapter...” and others shall inspect or maintain in 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

pursuant to the Operations Manual. An equivalent level of safety will be achieved because these

small UAS are very limited in size and will carry a small payload and operate only in restricted

areas for limited periods of time. If mechanical issues arise, the UAS can land immediately and

will be operating from no higher than 400' AGL. As provided in the 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 is the

person 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 issued an exemption to these

regulations in Exemption No. 11062.

10. Such Other Relief as the FAA Deems Appropriate

CORE Construction, Inc. also requests exemption from such other FARs as the FAA Grant of

Exemption issued pursuant to this Petition, the FAA issues interim or final rules for small UAS,

CORE Construction, Inc. requests that it be relieved of the requirements of any conditions and

limitations of said exemption and allowed to comply with any less burdensome applicable

regulationsthat may have become effective.

CONCLUSION

Based on the satisfaction of the criteria provided in Section 333 of the FMRA regarding size,

weight, speed, operating capabilities, proximity to airports and populated areas, operation within

visual line of sight, and national security, CORE Construction, Inc. requests that the FAA grant it

the necessary exemptions under Section 333 of the FMRA as requested herein to allow the use

of small UAS aircraft for inspection of construction projects.

If you need additional information, don’t hesitate to contact us at 602-494-0800.

Cordially,

Douglas Kreschollek

Douglas Kreschollek

National Quality Director