ibane 

August 31, 2015 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

Dear Sir or-Madam: 

Attached please find Gilbane Building Company's ("Gilbane") request for an exemption fiom 

the listed Federal Aviation Regulations to allow commercial operation of its Small Unmanned 

Ait-craft Systems ("sUASs") for-aert•ial imaging for safety an.d monitoring of secured and 

controlled environment constr -uction sites. This exemption request is exclusively for the use of 

DJI Phantom Vision 2+5 DJI Phantom 3 and DJI Inspire 1. 

Thank you for youi• time and consideration. Please do not hesitate to contact me if you have any 

questions. 

Sincerely, 

0~ ~ e~ 

Kristin E. Protas 

Senior Legal Counsel. 

Gilbane Building Company 

Gilbane Building Company 17901 Sandy Spring Road, Suite 500, Laurel, MD 20707 ITel: 301-317-6100 IFax: 301-317-6155 
Dibane 

August 31, 2015 

U.S. Department of Transportation 

Docket Managernent System 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

Subject: Request for Issuance of Exemption under Title 14 CFR, Section 333 

Reference: FAA Notice 8900.268 and Title 14 CFR 

Dear S11• or Madam: 

Gilbane Building Company ("Gilbane") provides global integrated construction and facility 

management services. Our clients enti -ust us to deliver safe, quality projects that stand the test of 

time with over 140 yeai•s of building relationships, communities and families. Gilbane fosters 

and promotes a culture of safety on each and every otle of our projects. Safety is Gilbane's 

highest priority: Gilbane strives to return each employee and constz -uction worker home to their 

families in thc same safe condition as when they ai•rived on-site that day. However, construction 

is a rislcy and dangerous industty. 

In its role as a construction manager, Gilbane's job is to appreciate and mitigate those risks and 

dangers that are inherent in our• industry. Correspondingly, Gilbane is responsible for the overall 

consti-uction of its projects including selecting the means, methods and pl•ocedures necessary to 

successfully deliver the project. These means, methods and procedures requir -e validation 

through inspections which are often conducted on the exterior of existing buildings, often at 

great heights. We believe that tlirough the use of small unmanned aircraft systems ("sUASs") 

that are mounted with a high resolution camera, we can mitigate the safety dangers these 

inspections place on project personnel. 

Under Section 333 of the FAA Modernization and Reform Act of 2012, the FAA has the 

authority to grant Gilbane an exemption fiom certain operating rules, which will allow Gilbane 

to operate its sUASs within the National Ait•space System. Pursuant to Section 333 and 14 

C.F.R. Part 11, Gilbane herby applies for an exemption from the Federal Aviation Regulations to 

conduct sUASs opel•ations on oul• own secured and controlled construction sites. Such 

exemption will allow Gilbatle to further its current efforts of maintaining the higliest level of 

safety precautions for its personnel while also ensuring the quality and integrity of the projects 

we are building. 

Gilbane's sUASs program will conform to the highest safety standards. As set forth in tllis 

application, Gilbane's sUASs program will only be conducted in a Gilbane Defined Sterile Area 

and will be managed by an individual with pilot certification. As detailed below, the sUASs will 

be used in limited, predetermined aiY•space under highly controlled conditions. As detailed 

above, the sUASs program is integral to alleviate identifiable safety risks to our constl -uction 

persomlel. Therefore, this application fulfills the FAA's continuing mission to provide the 

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5Ibane 

safest, most efficient aerospace system in the world while adapting to the realities of new 

tecllnology. 

Infoi- ination Suppoi-ting this Petition as Specitied in 14 C.F.R. §11.81 

A. Mailing address and otller contact information: 

Gilbane Building Company 

Jolu-1 Myers 

Senior VDC Engineer 

10 Channel Center Street 

Boston, Massachusetts 02210 

JMyei-s@GilbaiieCo.com 

314-488-3663 

B. The specific section or sections of 14 C.F.R fi -om which Gilbane seeks exemption. 

1. 14 CFR Part 21, Subpai-t H: Airwortlliness Cel-tificates. 

2. 14 CFR 91.103 

3. 14 CFR 91.203(a) &(b) Civil aircraft: Certifications requir•ed. 

4. 14 CFR 91.9 Civil Aircraft Flight Manual, Marking, and Placard Requirements. 

5. 14 CFR 91.119 Minimum Safe Altitudes. 

6. 14 CFR 91.121 Altimeter Settings. 

7. 14 CFR 91.151 Fuel Requirements for Flight in VFR Conditions. 

8. 14 CFR Subpart E(91.401 - 91.417) - Maintenance, Preventive Maintenance, and 

Alterations. 

9. 14 CFR 45.23 Display of Marks; General and 45.29 Size of Marks. 

10. FAA Notice 8900.227 Paragraph 16(c) (4) PIC Medical and Paragraph 16(e)(1) Observer 

Medical. 

C. The extent of relief Gilbane seeks, and the reason Gilbane seeks the relief. 

Gilbane seeks exemption fi -om several interrelated provisions of 14 C.F.R. Parts 21, 45, 91, and 

FAA Notice 8900.227 to the extent necessary to engage in cornmercial operations of our sUASs 

program on our controlled construction sites. If granted these exemptions we would operate the 

sUASs within the Gilbane Defined Stei -ile Area as described more fully below. Gilbane intends 

to utilize its sUASs program to conduct the following inspections: 

• Safety Inspections 

• Surveying in hard to reach areas of buildings. 

• Roof Top Inspections. 

• Building Exterior Envelope Inspections. 

• Visual Documentation of Existing Conditions before Demolition of Key Areas. 

• Quality Control / Quality Assurance Inspections. 

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Dibanel 

In subsection E hereinafter, we detail a significant set of safeguards that will apply to our 

pt-oposed sUASs program. Operations under these safeguards will pi -ovide a level of safety 

exceeding the level of safety requii -ed of sirllilar sUASs operations that the FAA authorizes 

currently. In addition, our operations will not ci -eate a hazard to users of the national airspace 

system or the public or pose a threat to national security and are thus consistent with the 

Congressional mandate in Section 333 of the FAA modei -nization and Refol-rn Act of 2012, 

which gives the FAA a mecllanism to allow cet -tain UAS to operate safely in the national 

airspace system. 

D. Granting Gilbane's Application is in the Public Ynterest. 

If granted, Gilbane's exemption would benefit the public by giving Gilbatle the ability to 

alleviate the major i-isks associated witll exterior constx -uction inspections. The sUASs givc 

Gilbane an alternative to sending our project personnel into dangerous situations or placing large 

equipment next to occupied building spaces in ordel -to accomplish necessal-y and required 

constt-uction inspections. This in tur-n could pi-event accidents and/or construction-related deaths, 

which dovetails with Gilbane's philosophy of retuY -ning all workers home safely to their families 

at the end of each workday. In practice, prevention of accidents and/or construction-related 

deaths would have a positive trickledown effect to the families of our construction personnel, 

which ultimately benefits the public. 

E. Granting Gilbane's Application will not Adversely Affect Safety. 

Gilbane's sUASs operations will provide a level of safety that far exceeds the level of safety 

required by the FAA for hobbyists and manufacturers of model aircraft. The following operating 

pi-ocedures will apply during the sUASs inspection operations under this exemption request. 

1. Gilbane has chosen to work with the following sUASs: the DJ Phantom Vision 2+, the 

DJI Phantom 3, and the DJI Inspire 1. The Usel-Manuals of each sma11 unmanned aircraft are 

attached het-eto as Attachment A. Of these three sUASs, the DJI Inspire l is the largest at 

438mm in width, 451mm in length and 301mm in total height. It weighs approximately 2935 

grams (6.6 pounds), with the battery. A11 three sUASs models will be powered via a battery 

source. Gilbane will only use sUASs that are below 6.6 pounds now and in the future if these 

exemptions are granted. 

2. Gilbane inspection operations will be conducted: 

i. within the visual line of sight of the Pilot in Coinmand (PIC) and one or more Visual 

Observers (VO). 

ii. at less than 400 feet AGL. 

iii. within Class G airspace. 

3. Gilbane inspection operations will be conducted in a confined area over isolated private 

property located at least 3 miles away from any airport, heliport, seaplane base, spaceport or 

other location with aviation activities, and any militaiy or U.S. government installations or 

airf elds. If we are within the 3 mile radius of any of the above installations, Gilbane will seek 

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Ibane 

written approval fi•om that installation's owner before sUASs inspection opej -ations take place. If 

said installation owner i-equires stricter guidelines for operation then Gilbane will comply. 

4. All sUASs operations will reYirnain within the lateral and vertical boundarics of the 

operating area, taking into account all factors, including wind, gross weight and glide distances, 

that may affect the capability of the sUASs to remain within the airspace boundary; jnoreovel -, 

the ceiling height will be no tnore than 400 feet AGL. 

5. All sUASs operations will be conducted within The Gilbane Defined Sterile At -ea. The 

Gilbane Defined Ster- ile Area is defined as a propei- ty whel-e Gilbane has: (1) the approval of the 

property owner to overfly; (2) offset a linc to the interlor of the property edge at a minimum of 

100'; and, (3) obtained verbal or written consent from all persons who will be within this zone 

for the duration of the flight. Any change to the Gilbane Defined Sterile Al -ea, including persons 

coming or going unexpectedly, shall cause the Area to be considered "Not Sterile" and will result 

in an immediate "Return to Home" command for the sUASs. Gilbane will not opel -ate the 

sUASs beyond the visual 1-ange of the airci•aft. Gilbane also will not operate any sUASs within 

the District of Colwmbia, and will adhere to all other DJI no-fly-zones as required under the DJI 

tet-ms of use. 

6. Gilbane sUASs inspection operations under this exemption wil) be conducted under the 

supervision of a designated PIC who ultimately has final responsibility for the operation in accordance 

with 14 C.F.R. 91.3 and either holds a commercial pilot's license, a sport pilot's license, or a futureapproved FAA alternative for sUASs pilots. 

7. The PIC will maintain the sUASs in a condition for safe operation, and conduct a preflight inspection prior to each flight so as to ensLUe that the sUASs, control station, data link 

equipment, camera, and support equipment aY -e in a condition for safe operation and in a 

configuration appropriate for the put -pose of the intended flight. 

8. The PIC and VO will maintain two-way communications with each other during all 

operations; if unable to maintain two-way communications, or if any condition occurs that jnay 

otherwise cause the operation to be unsafe, the operator will immediately conclude the operation. 

9. Each sUASs that Gilbane will employ undel -this exemption will safcly return 

automatically to a home location designated by the PIC if the communications link is lost. 

10. The aircraf't documentation required by 14 C.F.R. §§ 91.9 and 91.203(b), as applicable, 

will be available to the PIC refen•ed to above at any time Gilbane sUASs are operating. 

Gilbane will effectively operate under our own standard operating pi -ocedures that will provide 

additional safeguards that go fal -beyond the level of safety foj -public model airplane fields. 

F. A summary the FAA can publish in the Federal Register, stating: (1) The rule from 

wlhicli you seek the exemption; and (2) A brief description of the nature of the exemption 

you seek. 

1. Petitioner: Gilbane Building Company 

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Ibane 

2. Sections of 14 C.F.R. Affected: §§ Part 21, Subpal -t H; 91.103; 91.203; 45.23; 91.9; 

91.119; 91.121; 91.151; Subpart E; and 8900.227 para(16)(4). 

3. Description of Relief Sought: Petitioner-seeks relief fi-om the 1•equirements of 14 C.F.R. 

§§ Pai•t 21, Subpai -t H; 91.103; 91.203; 45.23; 91.9; 91.119; 91.121; 91.151; Subpaj -t E; and 

8900.227 para(16)(4) in order to conduct commercial small unmanned aircraft system oper -ations 

on supported constY-uction sites with owner appt-oval subject to operating procedures that meet or 

exceed those that FAA t -equii•es foi-similar operations. 

G. Any additional information, views, or arguments available to support your i•equest. 

Please see the intt-oduction to this exemption request. 

H. If you want to cxercise the pr•ivileges of your exemption outside of the United States, the 

reason wily you need to do so. 

Gilbane does not wish to exercise the privileges of this exemption outside of the United States at 

this time. 

Thank you for your consideration and I look fot -ward to your response. I can be contacted 

directly via email or ce11 phone at your convenience. 

Respectfully, 

John Myers 

Senioi-VDC Engineer 

Gilbane Building Company 

John Michael Myers 

2015.08.31 12:47:50 

( !/ -04'00' 

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