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March 30, 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave, SE

Washington, DC 2050

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and 

Part 11 of the Federal Aviation Regulations from 14 CFR Part 61.113(a); 

91.7(a); 91.119; 91.121; 91.151(b); 91.405(a); 91.407(a)(1); 91.409(a)(1) 

and (2); 91.417(a) and (b).

Dear Madam/Sir,

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 

(the “Reform Act”) and 14 C.F.R. Part 11, SpawGlass Contractors, Inc. is 

applying for an exemption from the Federal Aviation Regulations (“FARs”) to 

allow commercial operation of its small Unmanned Aircraft Systems (“sUAS”).

SpawGlass strives to provide the absolute best construction experience, as a 

General Contractor, Construction Manager, Design/Builder, Civil Contractor

and overall construction services provider. In doing this, capturing quality 

images, videos and data from construction sites is important and valuable to 

the construction process. In the past, aerial photography has been obtained 

for construction projects by the use of a single engine aircraft with a pilot and 

a photographer. This form of aerial photography has benefited the

construction process in many ways; however, to take aerial photography to

the next level, SpawGlass is procuring the use of sUAS. The transition from 

manned aircraft-aerial photography to the sUAS photography and 

videography for data collection has been a well thought-out decision for 

SpawGlass.

In the construction industry, it is important to capture aerial images and 

videos. This data will be obtained more effectively and safely from a sUAS 

than it would be with the traditional manned aircraft. Initial site surveying, 

site logistics planning, progress inspections, thermal imaging and post 

construction completion videos are some of the main uses for the sUAS on

construction sites. SpawGlass is requesting this exemption to permit 

operations of its sUAS under controlled conditions within the National Airspace 

System, which will be 1) site specific, 2) pre-planned, 3) access controlled,

and 4) will provide a greater level of safety, which is already a high priority 

and best practice with all tasks that are performed on SpawGlass construction 
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sites. Therefore, an approval of this exemption by the FAA would provide a 

greater level of safety and reduce the risks associated with these activities on 

construction sites and surrounding areas. As such, the use of sUAS is in the 

public interest.

I. The contact information of the applicant is:

SpawGlass Contractors, Inc.

4909 E. Grimes Suite 116

Harlingen, TX 78550

Gary Powell

Phone:956-778-8304

Email: gary.powell@spawglass.com

II. The specific sections of Title 14 of the Code of Federal Regulations 

from which SpawGlass requests exemption are:

14 CFR 61.113(a)

14 CFR 91.7(a)

14 CFR 91.119

14 CFR 91.121

14 CFR 91.151(b)

14 CFR 91.405(a)

14 CFR 91.407(a)(1)

14 CFR 91.409(a)(1) and (2)

14 CFR 91.417(a) and (b)

III. Aircraft, Increased Level of Safety & the Public Benefit: 

The sUAS, which will be operated by SpawGlass, weighs less than 10 pounds, 

including all equipment as indicated in the attached manual. The sUAS can 

be maneuvered vertically and horizontally at the same time and hover in 

place. Specifically, the sUAS that SpawGlass intends to use is the Inspire 1 

manufactured by DJI. The provided supporting documentation includes the 

user manual, safety guidelines and quick-start guide for this model of sUAS. 

As a requirement for compliance, all documentation and relevant manual 

materials for the flight and sUAS will be kept in an accessible location that will 

be available to the PIC at all times. As determined in a previous Grant of 

Exemption, relief from 14 CFR Section 91.9(b) (2) and 91.203(a) and (b) is 

not required.

As indicated within the user manual and to increase the safety of all personnel 

within the site, the sUAS is equipped with the use of GPS and motion sensors 

which can bring the unmanned aircraft back to the ground safely upon 

command, during low battery levels, and loss of communications or GPS 

signal. Additionally, if there are any unexpected obstacles or emergencies 

that come up during the flight, the sUAS will be capable of aborting the flight.

Furthermore, as required by 14 CFR Section 45.29(f), and due to the small 

size of the unmanned aircraft, the sUAS will have identifiable markings that 

will be as large as practicable on the largest surface available.
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If the submitted exemption is approved, SpawGlass intends to utilize the 

sUAS as previously stated above with the following conditions and limitations:

1. Aircraft will weigh less than 55 pounds.

2. Unless prior written approval is provided, all sUAS flights will be at or 

below 200 feet AGL.

3. Operations will occur during daytime Visual Flight Rules (VFR) 

conditions, from sunrise to sunset.

4. Maximum total flight time for each flight shall be no more than 18

minutes or flights will be terminated at 15% battery power reserve or 

when low battery level indications are present as indicated in the user 

manual and safety guidelines.

5. The sUAS Pilot will have at least a Private Pilot Certificate and a 

current 3rd Class Medical Certificate.

6. At a minimum, the crew for the sUAS will include the pilot and an

observer trained by the pilot.

7. All flights will be within Visual Line of Sight (VLOS) of the pilot and/or 

visual observer.

8. The sUAS will remain close enough to the operator/pilot for the 

operator to be capable of seeing the aircraft with vision unaided by any 

device other than corrective lenses.

9. The sUAS Pilot will be the Pilot In Command (PIC).

10. The sUAS will only operate within the designated area as discussed 

and planned during the pre-flight briefing.

11. During sUAS operations within 10 nautical miles (NM) of an airport, 

the closest air traffic radio frequency channel will be monitored for air 

traffic via a hand held aviation radio.

12. With operations within 5 NM of an air traffic control tower, the airport 

operator or air traffic controller will be notified and clearance accepted 

prior to operations.

13.A pre-flight briefing will be conducted prior to each sUAS flight. All 

personnel involved in the flight are required to be present during this 

briefing.

14. Prior to each flight, a pre-flight inspection will be conducted as per the 

pre-flight checklist provided within the Inspire 1 User Manual.

15. The sUAS will not operate directly over any persons not directly 

involved in the operation.

16. The sUAS PIC will obtain the consent of all personnel onsite and within 

the area and perimeter of the site in which the sUAS will be operating 

above.

17. Property owners’ approval will be obtained prior to sUAS operations on 

each site.

18. The pilot and observer will be trained in the operation of UAS generally 

and received up-to-date information on the specific sUAS that is being 

operated.

19.At all times voice communications between the observer and the pilot 

will be maintained.

20.All required permissions and permits will be obtained from territorial, 

state, county, or city jurisdictions, including local law enforcement, 

fire, or other appropriate government agencies.
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14 CFR 61.113 (a): Private Pilots Privileges and Limitations: Pilot in 

Command.

Section 61.113 (a) limits private pilots to non-commercial operations. 

Although, these flights will be operating an aircraft for compensation or hire,

but the sUAS will not physically carry a pilot or any passengers. Therefore,

the proposed flight operations can achieve a level of safety that is equal to

manned aircraft operations, provided that the PIC operating the aircraft holds 

at least a Private Pilot Certificate, in lieu of having a commercial pilot 

Certificate. In order to achieve a higher level of safety for all personnel

involved in the operations of the sUAS, SpawGlass will require that the PIC 

operating the sUAS have at least 100 hours of total flight time experience and 

hold, at least a Private Pilot Certificate. There is a greater level of safety and 

reduced level of risk, with not only the sUAS crew, but all personnel and 

construction inspectors involved in the project. The level of safety that is 

provided by the sUAS exceeds that of a single individual with a commercial 

pilot certificate while PIC of a manned aircraft flight. The level of risk 

associated with the sUAS is far lower than could be achieved on the 

commercial operations of a manned aircraft. Therefore, allowing commercial 

operations of sUAS as requested with a Private Pilot as PIC will surpass the 

current level of safety provided by 14 CFR Section 61.113(a).

14 CFR 91.7(a): Civil Aircraft Airworthiness.

This regulation section requires that the aircraft be in an airworthy condition 

prior to flight. Although, a sUAS is not required to have an airworthiness 

certificate, the PIC will operate the sUAS and comply with all user manuals 

and operating documents to ensure that the aircraft and all aircraft systems 

are in an airworthy condition prior to each flight. The PIC will perform the 

required pre-flight inspection with the pre-flight checklist as provided in the 

sUAS user manual, which will provide an equivalent level of safety.

14 CFR 91.119: Minimum safe altitudes.

Section 91.119 provides the requirements for safe altitudes for civil aircraft 

operations. Section 91.119(d) (1) allows the operations of helicopters below 

the minimum altitudes described under parts (b) and (c). As this exemption

request is for the sUAS which is a “quad-copter” (4 rotor type) unmanned 

aircraft, similar to a helicopter, an equivalent level of safety will be provided. 

Based on the operating conditions and limitations for the sUAS, all essential 

and non-essential personnel and property on the surface will not be exposed 

to any hazards due to an emergency or power failure as per part (a). 

Altitudes will be limited to no more than 200 AGL, which will require an 

exemption from parts (b) and (c). Currently there are manned rotorcrafts 

that operate at altitudes less than the 500 AGL, with more hazardous 

materials and on a larger scale than unmanned aircraft have. Therefore, this 

will reduce the risk of flights at lower altitudes with less weight and no 

flammable materials which will not pose a high risk to people or property on 

the surface. No flight will begin without the prior approval of the property 

owners and/or local officials. Due to the short periods of operations being 

limited to 20 minutes or less, and limited to confined areas while maintaining 

visual line of site, an equivalent level of safety will be provided.
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As stated within the sUAS list of conditions and limitations, if flight operations 

plan to take place within class B, C or D airspace and within 5 NM of an air 

traffic control tower, the airport operator or air traffic controller will be notified

and clearance provided prior to operations. As an added safety precaution, 

the closest aviation radio frequency will be monitored for any air traffic in the 

area by the use of a handheld aviation radio. The air traffic controller will be 

aware of the sUAS operations and the PIC will be aware of any air traffic 

within the area. This will benefit the public and any pilots of manned aircraft 

above by the PIC ensuring that there are no other aircraft in the area prior to 

visual confirmation. The use of the handheld aviation radio will greatly 

reduce the risk and provide a greater level of safety. Furthermore, the low 

altitude operations will ensure separation from the sUAS and any 

conventionally manned aircraft operations that will comply with this 

regulation.

14 CFR 91.121: Altimeter Settings:

This section requires that “each person operating an aircraft shall maintain 

the cruising altitude... by reference to an altimeter that is set... [at] the 

elevation of the departure airport or an appropriate altimeter setting available 

before departure.” An exemption may be required, because the sUAS provide 

the PIC with the altitude reading on the remote controller, from a GPS signal 

on the sUAS. An equivalent level of safety can be achieved by the PIC by 

ensuring the correct altitude is provided during the pre-flight checks prior to 

each flight while on the ground.

14 CFR 91.151(b): Fuel Requirements for Flight in VFR Conditions:

For this regulation, all flights in a rotorcraft, during the day require an 

additional 20 minutes of fuel for each flight. However, similar to rotorcrafts, 

the particular unmanned aircraft that SpawGlass uses has a total flight time of

approximately 18 minutes as indicated in the user manual. With this total 

flight time, it is impossible to have 20 minutes of additional fight time beyond 

the planned flight time. An equivalent level of safety will be provided because 

the Inspire 1 has an emergency feature equipped which will automatically 

return to the departure location upon reaching low battery power levels. At 

low battery levels there are several alerts to notify the Pilot that the sUAS has 

a low battery. During a low battery level warning, the aircraft status indicator 

will blink red slowly which is notifying the Pilot to return the aircraft to the 

home position. If, after 10 seconds the Pilot does not begin to return the 

aircraft to the home position the aircraft will automatically return to the home 

position and land while the remote is sounding an alarm. By maintaining 

visual line of sight with the sUAS the aircraft will always be in close proximity 

to the home position. Although the sUAS is equipped with the automatic low 

battery settings, there is a battery level percentage indicator on the remote. 

If the battery level indicator reaches 15% or the flight time is 15 minutes 

(whichever occurs first) the PIC will start to return to the home position. With 

these features incorporated within the sUAS and the standards set in the 

conditions and limitations herein, an equivalent level of safety can be 

provided for this requested exemption.
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14 CFR Subpart E: 91.405(a); 407(a)(1); 409(a)(1) and (2); 417(a) and (b): 

Maintenance, Preventive Maintenance, Inspections and Maintenance Records.

These regulations require the aircraft owner or operator to have the aircraft 

inspected and maintained “...in accordance with part 43 of this chapter.”

It is understood that these regulation sections apply to aircraft that hold an 

airworthiness certificate, therefore the above mentioned sections will not 

apply to the operations of the sUAS. The operator of the sUAS will perform all 

required and periodic maintenance as indicated within the user manual and 

any supporting documents included with the sUAS being used. Due to the 

small scale of the unmanned aircraft systems and specific area of operations, 

this can be achieved by the operator, and an equivalent level of safety will be 

provided. In the event that any extensive mechanical repairs are required, 

these tasks will be perfumed by the aircraft manufacturer if needed. During 

any flight, if mechanical failures occur, the sUAS will immediately terminate 

the flight and return to land. As indicated previously, pre-flight inspections 

will take place prior to all flight operation to verify all systems and equipment 

are functioning properly. Any maintenance performed by the operator will be 

logged appropriately for documentation. Overall, to provide an equal level of 

safety, the aircraft will be maintained in an airworthy condition by the 

operator, which is most familiar with the aircraft.

IV. Summary:

Pursuant to 14 CFR Part 11, the following is a summary to be provided for 

publication in the Federal Register if needed:

SpawGlass is seeking an exemption from the following regulations:

14 CFR Part 61.113(a); 91.7(a); 91.119; 91.121; 91.151(b); 91.405(a); 

91.407(a)(1); 91.409(a)(1) and (2); 91.417(a) and (b) for the commercial 

operation of its small Unmanned Aircraft Systems (55lbs or less) for 

construction site imaging, inspections and data collection operations.

The approval of exemptions to allow commercial operations of sUASs in the 

construction industry for inspections and data collection will greatly enhance 

safety and reduce risks associated with these activities in the past. The 

conventional methods included the use of manned aircraft or rotorcraft, which 

pose a greater risk to personnel involved. Also, the inspection activities 

associated with the construction site have a greater risk when an inspector is 

required to be physically in the location that needs an inspection. By the use 

of the sUAS that will carry no passengers or crew, this will eliminate the

majority of the risks associated with these tasks.

The operation of the sUAS that will be conducted in the specific conditions 

listed above will provide a greater than or equal level of safety supporting the 

grant of the Part 21 and allowing commercial operations. The lightweight 

Unmanned Aircrafts operate at low speeds, generally close to ground level, 

and always being monitored with line of sight operations, as a result, they are 

far safer than the conventional methods with manned single engine aircraft or 

rotorcraft that are just as close to ground level.
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V. Privacy & Public Acknowledgement:

As indicated above, all sUAS operations will occur after receiving prior 

approval and authorization from the property owners of the area in which the 

operations are being conducted within.

Satisfaction of the criteria provided in Section 333 of the Reform Act of 

2012—size, weight, speed, operating characteristics, operations within visual 

line of sight, and the use of radio communications will provide considerable 

justification to grant the requested exemptions and allow commercial 

operations of the applicant’s sUAS for use in the construction industry.

Sincerely,

Gary Powell

Assistant Project Manager

SpawGlass Contractors, Inc.