April 1, 2015 

 Exemption No. 11275 

 Regulatory Docket No. FAA–2014–0825 

Mr. Robert Mauro 

Danis Building Construction Company 

3233 Newmark Road 

Miamisburg, OH 45342 

Dear Mr. Mauro: 

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends. 

The Basis for Our Decision 

By letter dated October 8, 2014,1

 you petitioned the Federal Aviation Administration (FAA) 

on behalf of Danis Building Construction Company (hereinafter petitioner or operator) for an 

exemption. The exemption would allow the petitioner to operate an unmanned aircraft system 

(UAS) to conduct aerial inspections on construction sites. 

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption. 

Discussion of Public Comments: 

A summary of the petition was published in the Federal Register on November 13, 2014, 

(79 FR 67538). Three comments were received. The Small UAV Coalition (Coalition), 

supported the petition. The Airline Pilots Association, International (ALPA) and the National 

Agricultural Aviation Association (NAAA) opposed it. 

 

1

 By letter dated January 27, 2015, the petitioner responded to the FAA’s request for information. 
2 

In support of the petition, the Coalition states the petitioner has proposed to abide by stronger 

safety measures than hobby and modeler groups operating similar aircraft. The Coalition 

states that it does not believe that heightened safety measures should be required for the 

petitioner simply because of the commercial nature of its operations. The Coalition urged the 

FAA to adopt an evaluation framework for UAS operations under Section 333 of Pub. L. 

112–95 that weighs the relative safety issues and risks of UAS by class and operational 

circumstances, rather than adopting artificial distinctions among unmanned aerial vehicles 

based on commercial and noncommercial operations. The petitioner’s UAS pose 

considerably less safety risk than larger UAS. The Coalition asserted that because UAS 

operations like the petitioner’s pose minimal risk to safety, they should be subject to minimal 

and appropriate regulations. 

The Coalition noted the FAA is to consider the seven factors2 in Section 333 as a minimum. 

The Coalition stated the petition shows the FAA should consider factors other than those 

specified in Section 333, such as location, altitude of its UAS, and pilot training and 

experience. The Coalition maintained that the petitioner’s proposed operations satisfy the 

seven factors in Section 333 and include several additional mitigating factors to ensure the 

safety and security of the proposed UAS operations. The Coalition emphasized the FAA must 

evaluate each factor within the context of the petitioner’s proposed UAS operations. 

The Coalition also commented that the FAA should grant relief from the requirement to hold 

an airman’s certificate. The Coalition further stated that if an airman certificate is required 

then, at a minimum, the FAA should provide an exception from the training and testing 

requirements in part in favor of requirements pertinent to the aircraft and operation proposed. 

The Coalition also asserted section 333 Congress intended for the FAA to consider national 

security with respect to the operation as opposed to addressing it through pilot certification. 

The FAA notes that, as discussed in the grant of exemption to Trimble Navigation Ltd. (No. 

11110), neither section 333 nor the FAA’s exemption authority3

 allows the FAA exempt 

pilots from the statutory requirement to hold an airman certificate as prescribed in 49 U.S.C. § 

44711. 

The Coalition commented that a visual observer (VO) should not be required for all small 

UAS operations. The Coalition further asserted that the presence of one or more VOs may 

allow the UAS to be operated beyond visual line of sight (VLOS) of the pilot in command 

(PIC) and that the petitioner’s proposal to operate the unmanned aircraft (UA) within VLOS 

of the PIC and/or VO should be permitted. 

 

2 Section 333(b) of P.L. 112-95 states, in part: “In making the determination under subsection (a), the Secretary 

shall determine, at a minimum-- (1) which types of unmanned aircraft systems, if any, as a result of their size, 

weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line 

of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national 

security; ...” 

3

 49 USC § 44701(f) 
3 

The FAA notes that one of the determinations for operations under section 333 is operation 

within visual line of sight. The PIC must maintain VLOS while operating the UA. The FAA 

finds that a VO complements the PIC’s capability to see and avoid other aircraft, including 

when the PIC may be momentarily attending to other flying tasks. The VO provides an 

additional level of operational safety. 

ALPA expresses concern regarding several aspects of the petition. ALPA notes the 

petitioner’s reference to operations conducted within confined areas is not defined, nor does 

the petitioner detail procedures for controlling the airspace or area of operation. Specifically, 

ALPA states “there must be means both to ensure that the sUAS remains within the defined 

airspace and to ensure that the hazard of other aircraft intruding on the operation is 

mitigated.” The FAA believes the limitations under which the petitioner will operate (i.e. 

VLOS and at or below 400 feet AGL) are sufficient mitigations to this risk so that the 

operations will not adversely affect safety. 

Regarding the petitioner’s statement that the PIC and observer will be able to communicate by 

voice, ALPA states that the pilot and observer should be able to maintain a visual observation 

of the aircraft and area of operation when using voice communication. NAAA states UAS 

observers must be present and able to communicate with the operator from the most minimal 

distance possible. The conditions and limitations regarding PIC and VO communications 

address those concerns. 

ALPA asserts the UAS’s lithium polymer batteries have numerous associated fire and 

explosion hazards as outlined in DOT/FAA/AR-09/55, “Flammability Assessment of 

Lithium-Ion and Lithium-Ion Polymer Battery Cell Designed for Aircraft Power Usage 

(January 2010),” and that the safe carriage of the batteries and the mitigations in place for 

known risks should be addressed. The referenced study was primarily conducted to determine 

how certain battery cells react in a fire situation aboard manned airplanes. Given the size of 

the battery and the operating conditions of the UAS, the FAA concludes that the use of a 

lithium polymer battery will not pose an undue safety risk for the proposed operations. 

ALPA comments that command and control (C2) link failures are one of the most common 

failures on a UAS, and that lost link mitigations should require safe modes to prevent 

flyaways or other scenarios. The FAA has inserted conditions and limitations in this 

exemption to mitigate the risk associated with such failures. 

ALPA also notes that the petitioner’s proposed operations are for “compensation or hire,” and 

therefore contends the pilot must hold at least a current FAA commercial pilot certificate with 

an appropriate category and class rating for the type of aircraft being flown, as well as specific 

and adequate training on the UAS make and model intended to be used. Similarly, ALPA 

asserts a current second-class airman medical certificate should be required. NAAA also 

commented on pilot qualification, stating— 
4 

Just as manned aircraft pilots are required to undergo a rigorous 

training curriculum and show that they are fit to operate a 

commercial aircraft, so too must UAS operators. Holding a 

commercial certificate holds UAS operators to similar high 

standards as commercial aircraft operators and ensures they are 

aware of their responsibilities as commercial operators within the 

NAS. Medical requirements ensure they have the necessary visual 

and mental acuity to operate a commercial aircraft repeatedly over 

a sustained period of time. 

The FAA has reviewed the knowledge and training requirements to obtain sport, recreational, 

private and commercial certificates and concluded that a UAS PIC holding a minimum of a 

sport pilot certificate , and operating under this exemption, would not adversely affect 

operations in the NAS or present a hazard to persons or property on the ground. 

Although the petitioner did not request an exemption from § 91.113, ALPA notes the 

petitioner must specify a means to meet see and avoid requirements in § 91.113 given the 

absence of an onboard pilot. The FAA notes that all flights must be operated within VLOS of 

the PIC and VO. 

ALPA commented the aircraft will not have a barometric altimeter as required by 

14 CFR § 91.121. ALPA stated that processes or mitigations must be in place to ensure the 

UA can accurately maintain altitude including engineering processes, software development 

and control, electronic hardware development and control, configuration management, and 

design assurance to ensure the aircraft and its control system(s) operate to the same level of 

safety as other aircraft operated commercially in the National Airspace System (NAS). 

Regarding the fuel requirements of § 91.151, ALPA argues that using batteries as the only 

source of an aircraft’s power is a substantial shift from traditional methods of propulsion, and 

requires further research to determine best safety practices. This comment is addressed in 

detail below. 

ALPA also expresses concern that the petitioner’s request is not for a single specific operation 

or location, but for all operations of the same general type. ALPA states that this results in a 

considerable increase in the FAA’s oversight tasks. The FAA notes ALPAs concern and in 

order to minimize potential impact to the NAS, the FAA requires that each operator secure a 

Certificate of Authorization or COA which covers specific details of the petitioners operation. 

The FAA recognizes that UAS integration will generate new NAS access demand and will 

review and adjust accordingly. 

NAAA noted that its members operate in low-level airspace, and therefore clear low-level 

airspace is vital to the safety of these operators. NAAA stated that seeing and avoiding other 

aircraft and hazardous obstructions is the backbone for agricultural safety, and that 
5 

agricultural pilots depend on pilots of other aircraft to perform their see-and-avoid functions 

to prevent collisions. NAAA believes UAS operations at low altitudes will increase the 

potential for collision with agricultural aircraft. 

The FAA recognizes these concerns and has incorporated associated conditions and 

limitations into this exemption, including: (a) a Notice to Airmen (NOTAM) issued for all 

operations; (b) operations conducted within VLOS of the pilot in command (PIC) and the VO; 

and (c) the UAS PIC must always yield right-of-way to manned aircraft. 

NAAA stated that FAA airworthiness certification should be a requirement for all unmanned 

aircraft to operate within the NAS. NAAA recommended UAS be equipped with ADS-B or 

similar identification and positioning systems, strobe lights, high-visibility markings and 

registration numbers. NAAA also recommended UAS be operated strictly within the line-ofsight of the ground controller, with the assistance of a VO and clear of any low-flying manned 

aircraft. 

As discussed below, Section 333 of the FAA Modernization and Reform Act of 2012 

authorizes the Secretary of Transportation to determine, considering a number of factors laid 

out in the statute, that an airworthiness certificate is not necessary for certain operations. The 

Secretary has made that determination in this case and therefore the aircraft operated by the 

petitioner will not need to be certificated by the FAA. 

Airworthiness Certification 

The UAS proposed by the petitioner is a DJI Phantom Vision 2+. 

The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

and parts, Subpart H—Airworthiness Certificates. In accordance with the statutory criteria 

provided in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in 

consideration of the size, weight, speed, and limited operating area associated with the 

aircraft and its operation, the Secretary of Transportation has determined that this aircraft 

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 

14 CFR part 21, and any associated noise certification and testing requirements of part 36, is 

not necessary. 

The Basis for Our Decision 

You have requested to use a UAS for aerial data collection. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see
6 

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest. 

Having reviewed your reasons for requesting an exemption, I find that— 

 They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213; 

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest. 

Our Decision 

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, Danis Building Company is granted an exemption from 

14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 

91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to 

the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection. 

This exemption is subject to the conditions and limitations listed below. 

Conditions and Limitations 

In this grant of exemption, Danis Building Company is hereafter referred to as the operator. 

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption. 

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 

Vision 2+ when weighing less than 55 pounds including payload. Proposed operations 

of any other aircraft will require a new petition or a petition to amend this exemption. 

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer. 
7 

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL. 

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. 

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or 

U.S. driver’s license. 

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times; 

electronic messaging or texting is not permitted during flight operations. The PIC must 

be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO. 

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 

the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update or 

revision would affect the basis upon which the FAA granted this exemption, then the 

operator must petition for an amendment to its grant of exemption. The FAA’s UAS 

Integration Office (AFS-80) may be contacted if questions arise regarding updates or 

revisions to the operating documents. 

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g. replacement of a flight critical component, must undergo 

a functional test flight prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property. 
8 

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation. 

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g. inoperable components, items, or equipment. If the 

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 

prohibited from operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight. 

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and aircraft 

components. 

12. Each UAS operated under this exemption must comply with all manufacturer safety 

bulletins. 

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Colombia, Puerto Rico, a territory, a possession, or the Federal 

government. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate. 

14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119. 

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized. 

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 
9 

denoted with an ARP, the center of the airport symbol as denoted on the current FAApublished aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request. 

17. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. 

18. If the UAS loses communications or loses its GPS signal, the UA must return to a predetermined location within the private or controlled-access property. 

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies. 

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater. 

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA. 

22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification (NNumber) markings in accordance with 14 CFR part 45, Subpart C. Markings must be 

as large as practicable. 

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. These 

documents must be made available to the Administrator or any law enforcement 

official upon request. 

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

25. The UAS may not be operated by the PIC from any moving device or vehicle. 

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless: 

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator must ensure 
10 

that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and 

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects and the PIC has made a safety assessment of 

the risk of operating closer to those objects and determined that it does not 

present an undue hazard. 

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption. 

27. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted. 

28. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported 

to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents must be 

reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov. 

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply. 

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption. 

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following: 

a. Dates and times for all flights; 

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption; 

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS; 

d. Make, model, and serial or N-Number of UAS to be used; 

e. Name and certificate number of UAS PICs involved in the aerial filming; 

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request; 
11 

g. Signature of exemption holder or representative; and 

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation. 

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM. 

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91. 

This exemption terminates on April 30, 2017, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

John S. Duncan 

Director, Flight Standards Service
8 Oct 2014 

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3233 NEWMARK DR.  MIAMISBURG, OH 45342

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From: Robert A. Mauro

To: Federal Aviation Administration 

Subject: REQUEST FOR ISSUANCE OF EXEMPTION UNDER TITLE 14 CFR, SECTION 333

Ref: (a) FAA Notice 8900.268

 (b) Title 14 CFR

Encl: (1) Explanation of Exemptions from 14 C.F.R.

To Whom it May Concern,

Since 1916, Danis Building Construction Company (DBCC) has been privileged to work on some 

of the most recognizable and high-profile commercial buildings and industrial projects in the Midwest, 

Southeast, and Carolinas. Our work includes partnerships with Fortune 500 Companies, rapidly 

expanding healthcare systems, and distinguished universities.

As a general contractor, DBCC is required to perform many different inspections on the outside 

of existing buildings. These inspections govern and/or validate our construction techniques and 

procedures and often require our employees to be put in situations that require DBCC to accept risk. 

We have found that by using a small unmanned aircraft system “sUAS” with a high resolution camera 

mounted on it, often times we can accomplish the same inspection and alleviate the need to put our 

employees in danger. 

Danis shares Congress’s goal of getting sUAS flying commercially in the United States safely and 

soon. In the FAA Modernization and Reform Act of 2012, Congress directed the FAA “to safely 

accelerate the integration of civil unmanned aircraft systems into the national airspace system” and, 

under Section 333 of that law, gave the FAA power to grant innovators “expedited operational 

authorization” to do so. By this petition, DBCC is seeking authorization to conduct sUAS operations on 

our own construction sites in order to improve safety for our employees and ensure quality assurance

for the structures we are creating.

Further, granting this request will do nothing more than allow DBCC to do what thousands of 

hobbyists and manufacturers of model aircraft do every day, except we will abide by much stronger 

safety measures. DBCC has hired an aviation expert and licensed helicopter pilot to manage our sUAS 

program. Under his supervision we would provide a safer level of operation that is superior to current 

regulations. His experience as a FAA licensed commercial pilot gives him an understanding of how 

manned aircraft safely navigate the National Airspace System (NAS), and his recent military aviation 

experience gives him an understanding of UAS operation in conjunction with manned aircraft. This 

invaluable experience applied to DBCC’s UAS program equates to safe sUAS use on our construction 

projects with no confliction with manned aircraft. 

Information Supporting this Petition as Specified in 14 C.F.R. §11.81

A. Mailing address and other contact information:

Danis Building Construction Company

Re: Quad Copter Operations
8 Oct 2014 

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3233 NEWMARK DR.  MIAMISBURG, OH 45342

PH 93722 812 25  FX 93 72287 443  www. da ni s.co m

3233 Newmark Road

Miamisburg, Ohio 45342

Phone: (937) 228-1225

Fax: (937) 228-7443

B. The specific section or sections of 14 C.F.R from which DBCC seeks exemption.

1. 14 CFR Part 21, Subpart H: Airworthiness Certificates. 

2. 14 CFR 91.203(a) & (b) Civil aircraft: Certifications required.

3. 14 CFR 45.23 Display of Marks; General and 45.29 Size of Marks. 

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

Medical. 

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

DBCC seeks exemption from several interrelated provisions of 14 C.F.R. Parts 21, 45, 91, and FAA 

Notice 8900.227 to the extent necessary to engage in commercial operations of a sUAS on our own 

construction sites. If granted these exemptions we would operate the sUAS with the property owner’s

written permission. DBCC’s intent is to use a sUAS for the following inspections: 

1. Surveying in hard to reach areas of buildings. 

2. Roof Top Inspections. 

3. Building Exterior Envelope Inspections. 

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

5. Quality Control / Quality Assurance Inspections. 

We have detailed, below and in enclosure (1), a significant set of safeguards that will apply to our 

proposed sUAS inspection operations. Operations under these safeguards will provide a level of safety 

exceeding the level of safety required of similar sUAS operations that the FAA authorizes currently. In 

addition, our operations will not create 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 modernization and Reform Act of 2012, which gives the FAA a mechanism to allow certain 

UAS to operate safely in the national airspace system. 

D. The reasons why granting DBCC’s request would be in the public interest; that is, how it would 

benefit the public as a whole.

This would benefit the public by giving DBCC a capable risk mitigated inspection platform. The 

proposed sUAS gives DBCC an alternative to sending our employees into dangerous situations or placing 

large equipment next to occupied building spaces in order to accomplish necessary and required 

construction inspections. This in turn could prevent accidents and/or construction related deaths. This 

would have a positive trickledown effect to families of our employees and people that work on site 

which ultimately benefits the public.
8 Oct 2014 

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3233 NEWMARK DR.  MIAMISBURG, OH 45342

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E. The reasons why granting the exemption would not adversely affect safety, or how the exemption 

would provide a level of safety at least equal to that provided by the rule from which DBCC seeks 

the exemption.

DBCC sUAS 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 procedures will 

apply during the sUAS inspection operations under this exemption request. 

1. The sUAS that DBCC has chosen to work with has an operational weight of 2.6 pounds and 

will be powered via a battery source. DBCC will only use sUAS that are below 4.4 pounds 

now and in the future if these exemptions are granted. 

2. DBCC inspection operations will be conducted:

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

Observers (VO).

ii. at less than 400 feet AGL 

iii. within Class G airspace. 

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

property located at least 5 miles away from any airport, heliport, seaplane base, spaceport 

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

airfields. If we are within the 5 mile radius of any of the above installations DBCC will seek 

written approval from that installation’s owner before sUAS inspection operations take 

place. If said installation owner requires stricter guidelines for operation then DBCC will 

comply. 

4. All sUAS operations will remain within the lateral and vertical boundaries of the operating 

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

may affect the capability of the sUAS to remain within the airspace boundary; moreover, the 

ceiling height will be no more than 400 feet AGL. 

5. DBCC sUAS inspection operations under this exemption will be conducted under the 

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

accordance with 14 C.F.R. 91.3 and either holds a current FAA private pilot certificated, a 

higher FAA pilot certification, or a FAA-recognized equivalent or has completed FAA private 

pilot ground instruction and passed the FAA private pilot written exam. 

6. PIC will maintain the sUAS system in a condition for safe operation, and conduct a pre‐flight 

inspection prior to each flight so as to ensure that the sUAS, control station, data link 

equipment, camera, and support equipment are in a condition for safe operation and in a 

configuration appropriate for the purpose of the intended flight.

7. 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 

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

the operation.
8 Oct 2014 

4 | P a g e

3233 NEWMARK DR.  MIAMISBURG, OH 45342

PH 93722 812 25  FX 93 72287 443  www. da ni s.co m

8. Each sUAS that DBCC will employ under this exemption will safely return automatically to a 

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

9. The aircraft documentation required by 14 C.F.R. §§ 91.9 and 91.203(b), as applicable, will 

be available to the PIC referred to above at any time DBCC sUAS are operating.

DBCC will effectively operate under our own standard operating procedures that will provide 

additional safeguards that go far beyond the level of safety for public model airplane fields.

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

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

1. Petitioner: Danis Building Construction Company.

2. Sections of 14 C.F.R. Affected: §§ Part 21, Subpart H; 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 from the requirements of 14 C.F.R. §§

Part 21, Subpart H; 91.203; 45.23; 91.9; 91.119; 91.121; 91.151; Subpart E; and 8900.227 

para(16)(4)in order to conduct commercial small unmanned aircraft system operations on 

supported construction sites with owner approval subject to operating procedures that 

meet or exceed those that FAA requires for similar operations.

G. Any additional information, views, or arguments available to support your request.

Please see the introduction to this exemption request.

H. If you want to exercise the privileges of your exemption outside of the United States, the reason 

why you need to do so.

DBCC 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 forward to your response. I can be contacted directly 

via email or cell phone at your convenience. 

Respectfully,

Robert Mauro

MEP Coordinator

3233 Newmark Drive

Miamisburg, Ohio, 45342

M: 937-607-9815

rob.mauro@danis.com

www.danis.com