November 5

, 2015

U.S. Department of Transportation
Federal Aviation Administration 800 Independence Avenue, SW Washington, DC 20591

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from: 14 CFR 61.113{a) & (b); 91.7 (a); 91.103; 91.119{c); 91.121; 91.151{a); 91.405{a); 91.407(a)(1); 91.409 (a)(1) and {2}; 91.417{a) & (b).

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act, I, Matthew Guerra , operato r of an Unmanned Aircraft System (UAS), hereby apply, on behalf of Trevcon Construcion Co., Inc. , for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of its UAS, so long as such operations are conducted with in and under the conditions outlined herein or as may be established by the FAA as required by Section 333.

I would like to formally submit for an exemption from part 21, subpart H; and Sections 45.23(b), 91.7(a), 91.9(b)(2), 91.119, 91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b) of Title 14, Code of Federal Regulations (14 CFR). This proposed exemption would allow the operation of unmanned aircraft systems (UAS) for the purpose of aerial videography an d photography real estate purposes and events.

Applicant:
Matthew Guerra Systems Admin Trevcon Construction Co., Inc.
30 Church St

PO Box 0811 Liberty Corner

, NJ 07938 mguerra@trevcon.com ( 908 ) 580

- 0200 ext. 52

Commercial operation of an UAS, as described herein, which are equipped with camera and sensors, would operate in the following manner:

• Aerial photography and/or video for public and/or private use including Construction Site/Project progress and Evaluation Purposes

As described fully below, the requested exemption would permit the operation of a UAS under
controlled conditions in the NAS that would be a) limited, b) controlled, c) predetermined, and d) willprovide safety enhancements to the already safe operations in the industry presently using conventional aircraft. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation responsibilities to “....establish requirements for the safe operatio n of such aircraft systems in the national airspace system.”

As found in Exemption No. 11138 (Trudeau), the FAA recently approved similar use of a PHANTOM 2 UAS. We will operate a UAS, the DJI Phantom 3 Professional, Model W323, which is comprised of an u nmanned aircraft (UA or Phantom), an attached 4K camera and a transportable ground station.
The PHANTOM 3 is a quad

- -- copter with a gross weight of 2.8 pounds. It is equipped with four rotors that are driven by electric motors powered by batteries. The UA has a maximum airspeed of 16 m/s. It will be operated over various metropolitan areas, primarily around the Greater New York City Area

, to augment Construction Site Progress, Operations and Safety Operations with aerial video and photography.

**UAS Operating**  **Parameters** We will abide by the following additional operating conditions under this exemption, which ensures a level of safety at least equal to existing rules:

• operate UAS below 300 feet and within a radius distance of 1000 feet from the contro ller to aid in direct line of sight visual observation;

• obtain permission from the owner/controller of any vessels, vehicles and structures when operations may be conducted closer than 500 feet to any such vessels, vehicles or structures;
we will conduct a safety assessment of the risk of operating closer to those objects and determine that it does not present an undue hazard;

• operat e th e UA S f o r 5

- - - 20 m i nute s pe r fli ght ;

• land UAS prior to the manufacturer’s recommended minimum level of battery power;

• operate UAS during daylight hours only within visual line of sight (VLOS);

• use the UAS’ global positioning system (GPS) flight safety feature whereby it hovers and then slowly lands if communication with the remote control pilot is lost;

• conduct all operat ions under the flight safety protocols (including posting a warning sign reading: “Attention Aerial Photography in Progress

– Remain Back 150 feet”) contained in the operating documents and will actively analyze flight data and other sources of
information to constantly update and enhance safety protocols;

• contact respective airports if operations will be within 5 miles to advise them of his
estimated flight time, flight duration, elevation of flight and other pertinent information;

• always obtain all necess ary permissions prior to operation; have procedures in place to abort flights in the event of safety breaches or potential danger;

• only operate in safe environments that are strictly controlled, are away from power lines, elevated lights, airports and densely populated areas (defined by areas depicted in “yellow” on VFR charts and through obtaining information regarding congested areas from the local Flight Standards District Office (FSDO);

• conduct extensive preflight inspections and protocols, during which safety carries primary importance (reference PHANTOM Flying Flow Chart and User Manual).

Regarding UAS operational training, we have flown numerous practice flights in remote areas as
h obbyists simulating flights for future commercial use to gain familiarization with the characteristics of the UAS’ performance under different temperature and weather conditions.**Specific Exemptions Requested**  Given the size, weight, speed, and limited ope rating area associated with the UA, we feel an exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates) and § 91.203(a) and (b) (Certifications required), subject to certain conditions and limitations, is warranted and meets the requirements f or an equivalent level of safety under 14 CFR part 11 and
Section 333 of P.L. 112

- -- 95 (Section 333).

We request an exemption from § 45.23 Marking of the aircraft because the UA will not have a cabin, cockpit or pilot station on which to mark certain wo rds or phrases. Further, the two

- -- inch lettering is difficult to place on such a small aircraft with dimensions smaller than the minimal lettering requirement. Regardless of this, we can mark the UAS in the largest possible lettering by placing the
word “Experimental” on its fuselage as required by § 45.29(f) so that anyone will see the markings.

We request an exemption from § 91.7(a) which prohibits the operation of an aircraft without an airworthiness certificate, since there is currently no certificat e applicable to our operation, this regulation is inapplicable.

We request an exemption from §§ 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) and (b) Maintenance inspections since they only apply to aircraft with an airworthiness certificate. Howeve r, as a safety precaution we will perform a preflight inspection of the UAS before each flight as outlined in the attached operating documents.

We request an exemption from § 91.9(b)(2) which requires an aircraft flight manual in the aircraft,
however since there are no pilots or passengers on board the aircraft and given its size, this regulation is inapplicable. We believe an equivalent level of safety will be achieved by maintaining a safety/flight manual with the UAS ground station.

We request an e xemption from § 91.119 which prescribes safe altitudes for the operation of civil aircraft, but it allows helicopters to be operated at lower altitudes in certain conditions. We will not operate our UAS above the altitude of 300 feet above ground level (AG L) and will also only operate in safe areas away from the public and traffic, thus “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 the UAS, an equivalent or higher level of safety will be achieved.

We request an exemption from § 91.121 Altimeter settings as it is inapplicable since the
UAS utilizes electronic GPS with a barometric sensor.

We request an exemption from § 91.151(a) Fuel requiremen ts for flight in VFR conditions. The UAV is 100% electric and two low battery alerts are issued

- -- per the operating documents, the

UAV will be landed at the first alert. Also, our flights will last only 5

- -- 20 minutes each, and the UAS has
an automated f unction, which results in immediate landing when a low battery is detected. The PICwill not begin a flight unless (considering wind and forecast weather conditions) there is enough

power to fly to the first point of intended landing and, assuming normal cruising speed, land the UA with 30% battery power remaining.

**Public Interest**  Aerial photography and videography for Construction Activites are new strategies to enhance marketing efforts and increase business success , and show Owners and the Public of Job progress

. U ntil recently it was conducted through the use of costly manned aircraft, a prohibitive business activity for small er companies. By granting this exemption I would be able to provide Owners, the public, and prospective clients of our abilities as a Contractor without the larger expense of manned
aircraft services

.

Further, the small UAS will pose no threat to the public given its small size and lack of combustible
fuel when co mpared to larger manned aircraft. Additionally, the operation of our UAS will minimize harm to the environment economic growth by providing information to companies and the public looking to build in the metro areas we service.

**Summary** We will comply wit h all of the following conditions and limitations should this exemption be provided: 1) Operations will be limited to the following aircraft described in the operating documents, which is

a quad

- -- rotor aircraft weighing 2.8 pounds: Phantom 3 Unmanned Aircraft System. 2) The UA will not be flown at an indicated airspeed exceeding 50 knots. 3) The UA will be operated at an altitude of no more than 400 feet above ground level (AGL), 4) The UA will be operated within visual line of sight (VLOS) of the Pilot In Command (PIC) at all times. 5) The operating documents will be accessible during UAS operations and made available to the Administrator upon request. Any revisions to the operating documents will be presented to the Administrator upon request. 6) Prior to each f light, the PIC will inspect the UAS to ensure it is in a condition for safe flight. If the inspection reveals a condition that affects the safe operation of the UAS, the UAS will not be operated until the necessary maintenance has been performed and the

UA S is found to be in a condition for safe flight. All maintenance and alterations will be properly
documented in the aircraft records. 7) Any UAS maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, will undergo a functional test flight. The PIC who conducts the functional test flight will make an entry in the aircraft records. 8) Th e pre

- - - fli gh t i nspect i o n sect i o n in th e operat i n g docu m ent s w il l accoun t f o r a ll d i screpanc i es , i.e. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents. 9) We will follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements.10) We will carry out maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, inspection, and alterations will be noted in the aircraft records, including total flight hours, description of work accomplished, and the signature of the authorized person returning the UAS to service. 11) Each UAS operated will comply with all manufacturer Safety Bulletins. 12) An authorized person will make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections. 13) Prior to operations conducted for the purpose of aerial videography/photography the PIC will have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), a minimum of 5 hours as UAS pilot operating the make and model of the UAS to be used in operations. The PIC will accomplish 3 take

- -- offs and landings in the preceding 90 days. 14) The PIC will not operate the UAS for the purpose of aerial videography/photography and similar operations, unless the PIC has demonstrated and logged in a manner consistent with 14 CFR 61.51(b), the ability to safely operate the UAS in a manner consistent with the operating documents, including evasive and emergency maneuvers and maintaining appropriate distanc es from people, vessels, vehicles and structures. 15) UAS operations will not be conducted during night, as defined in 14 CFR 1.1. All operations will be conducted under visual meteorological conditions (VMC). 16) The UA will not operate within 5 nautical miles of an airport reference point as denoted on a

current FAA

- -- published aeronautical chart. 17) The UA will not be operated less than 500 feet below or less than 2,000 feet horizontally from a
cloud or when visib ility is less than 3 statute miles from the PIC. 18) If a UA loses communications or loses its GPS signal, it will return to a predetermined location within the planned operating area and land or be recovered in accordance with the operating
documents. 19) The PIC will abort a flight in the event of unpredicted obstacles or emergencies in accordance with the operating documents. 20) The PIC will not begin 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 UA with 30% battery power remaining. 21) We will obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations, and also request a Notice to Air

- -- man (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation. 22) Before conducting operations, the radio frequency spectrum used for operation and control of the UA will comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements. 23) The documents required under 14 CFR 91.9 and 91.203 will be available to the PIC at the Ground Control Station of the UAS any time the UAS is operating. These documents will be made available to the Administrator or any law enforcement official upon request.24) The UA will remain clear and yield the right of way to all manned aviation operations and
activities at all times. 25) The UAS will not be operated by the PIC from any moving device or vehicle. 26) The UA will not be operated over congested or densely populated areas. 27) All operations will be conducted over private or controlled

- -- access property with permission from the land owner/controller or authorized representative. Per mission from land owner/controller or authorized representative will be obtained for each flight to be conducted. 28) Any incident, accident, or flight operation that tran sgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA will be reported to the FAA's UAS Integration
Office (AFS

- -- 80) within 24 hours. Accidents will be reported to the National Transportation Safety Board (NT SB) per instructions contained on the NTSB Web site: www.ntsb.gov

.

If you have questions or need additional information, please contact me at mguerra@trevcon.com or (908) 580

- 0200 ext52.

Thank you,

Matthew Guerra Systems Admin Trevcon Construction Co., Inc.