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March 30

, 20 1 5

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 Regu lations from 14 C FR 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, Spa wGlass 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, a s a General Contractor, Constr uction Manager, Design/Builder, Civil Contractor

and overall construction services provider

. In doing th is, capturing quality images, videos and data from construction sites is important and valuable to the construction process

. In the past, a erial photography has been obtained

for constructio n projects by the use of a single engine aircraft wi th a pilot and a photographer. This form of aerial photography has benefited the

construction process in many ways ; however, to take ae rial 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 thoug ht

- out decision for SpawGlass.

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

videos . This data will be obtained more effective ly and safely from a sUAS than it would be with the traditional manned aircraft. Initial site surveying

, site logistics planning, progress in spections , thermal imaging and post construction completion videos are some of t he main uses for the sUAS on

construction sites. SpawGlass is requesting this exemption t o permit operations of its sUAS under controlled conditions within the National Airspa ce 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 exempti on by the FAA would provide a
greater level of safety and reduce the risks associated with these activities on

construction sites and surrounding areas. A s such

, the use of sUAS is in the public interest

.

I. The contact informat ion 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 C ode 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, Incre ased L evel of Safet y & the Public Benefit:

The sUAS

, which will be operated by SpawGlass

, weigh s less than 10 pounds, including all equipm ent as indicated in the attached manual. The sUAS can be maneuvered vertically and horizontally at the same time an d hover in place. Specifically

, the sUAS that SpawGlass intends to use is the Inspire 1 manufactured by DJI . T he 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 t o 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 g round 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 ident ifiable markings that

will be as large a s practicable on the largest surface available.

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If the submitted exemption is approved, SpawGlas s intends to utilize the sUAS as p reviously 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 eac h flight shall be no more than 18

minutes or flights will be terminated at 15% battery power reserve or when low battery level indications a re 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 3 rd 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 desig nated area as discussed

and planned during the pre

- flight briefing.

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

the cl osest 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

- fl ight 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 airc raft 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 i s equal to manned aircraft operations , provided that the PIC operating the aircr aft holds at least a Private Pilot Certificate, in lieu of having a commercial pilot

Certificate. In order to ach ieve 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 ex perience and hold, at least a Private Pilot Certificate. The re is a greater level of safety and reduced level of risk, wit h not only the sUAS crew

, but all personnel and construction inspectors involved in t he 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 ma nned aircraft. Therefore

, allowing commercial operations of sUAS as requested with a Private P ilot as PIC will surpass the current level of safety provided by 14 CFR Section 61.113(a).

14 CFR 91.7(a): Civil Aircraft Airwo rthiness.

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 provid e 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 des cribed 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 heli copter, an equivalent level of safety will be provided

. Based on the operating conditions and limitation s 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 exempti on 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 a ltitudes 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 operation s 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 limit ations, if flight operations plan to take pla ce wit hin 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 frequ ency will be monitored for any air traffic i n the area by the use of a hand held 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 ai rcraft 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, th e 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 : A ltimeter 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 wi ll 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 no tify 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 ho me 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 sU AS 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 h ome 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) a nd (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 ho ld 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 mainte nance 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 leve l 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 f light 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 f or 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 pr ovided 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 ins pections 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.

T he 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 o perations. 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 aircraf t 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 j ustification to grant the reque sted 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.