# 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+ 5DJI 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, 

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~ 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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# 5 bane 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 Page 5 of 6

# 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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