December 31, 2015

U. S. Department of Transportation 

Docket Operations 

West Building Ground Floor, Room W12-140 

1200 New Jersey Ave., SE 

Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations 

from 14 CFR 61.113 (a) & (b); 91.103(b); 91.119; 91.121; 91.151(a); 91.405 (a); 91.407(a) (1); 91.409 (a) (2); 

91.417 (a) & (b).

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 

C.F.R. Part 11, O’Haver Contractors, a construction company, hereby applies for an exemption from the listed

Federal Aviation Regulations (“FARs”) to allow commercial operation of its Small Unmanned Aircraft Systems 

(“UAS”) for aerial imaging for safety and monitoring of secured and controlled environment construction 

sites, so long as such operations are conducted within and under the conditions outlined herein or as may be 

established by the FAA as required by Section 333.

As detailed in this document and the attached Flight Manual, the requested exemption would permit 

the operation of UAS under controlled conditions in airspace that is 1) limited 2) predetermined 3) controlled 

as to access and 4) would provide safety enhancements to the already best practices safety protocols 

followed by O’Haver at each one of its construction sites. Approval of this exemption would thereby enhance

safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities to “...establish 

requirements for the safe operation of such aircraft systems in the national airspace system.” Section 333(c) 

of the Reform Act.
I. The contact information of the applicant is:

Donald R. O’Haver II 

President 

O’Haver Contractors 

12831 O’Connor Road 

San Antonio, Texas 78233

 (210) 590-2889

Don@ohavercontractors.com

Or 

Christina Suhm 

Business Development 

O’Haver Contractors 

12831 O’Connor Road 

San Antonio, Texas 78233

(210) 590-2889

christinas@ohavercontractors.com

II. The specific sections of Title 14 of the Code of Federal Regulations from which O’Haver 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:

This exemption application is expressly submitted to fulfill Congress' goal in passing Section 333(a) 

through (c) of the Reform Act. This law directs the Secretary of Transportation to consider whether certain 

unmanned aircraft systems may operate safely in the NAS before completion of the rulemaking required 

under Section 332 of the Reform Act. By granting an exemption the FAA will fulfill Congress's intent of 

allowing UAS to operate with significant safety precautions in low risk environments.

The use of UAS on a construction site can significantly reduce the risk to workers of falls while inspecting, 

surveying, or monitoring site progress. UAS can inspect, photograph, and collect data on hard to get to areas 

that otherwise would require worker inspection. Falls are a leading source of workplace fatality and injury on 

construction sites 1 , and reducing falls through UAS use for site imaging could save workers lives.
Additionally, UAS could replace the use of helicopters and small aircraft to monitor sites. The UAS we 

propose to fly in this application is less than ten pounds, and carry no combustible material on board, as 

opposed to the much larger conventionally powered small aircraft. Shifting to UAS from helicopters presents 

a marked safety increase for our workers and the public.

Lastly, UAS reduce the environmental impact by dramatically decreasing the energy used for aerial imaging 

and data collection over a construction site. Our UAS use rechargeable lithium ion batteries, as opposed to 

fossil fuels burned in operation of small aircraft that are many hundreds of times heavier.

If the submitted exemption is approved, O’Haver intends to utilize the UAS 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 UAS flights will be at or below 400 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 UAS Pilot will have at least a Private Pilot Certificate and a current 3rd Class Medical 

Certificate.

6. At a minimum, the crew for the UAS 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 UAS 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 UAS Pilot will be the Pilot In Command (PIC).

10. The UAS will only operate within the designated area as discussed and planned during the 

pre-flight briefing.

11. During UAS 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 UAS 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 UAS will not operate directly over any persons not directly involved in the operation.

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

perimeter of the site in which the UAS will be operating above.

17. Property owners’ approval will be obtained prior to UAS operations on each site.

18. The pilot and observer will be trained in the operation of UAS generally and received up-todate information on the specific UAS 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. 

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 UAS 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 UAS, O’Haver will require that the PIC operating the UAS 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 UAS crew, but all personnel and construction inspectors involved in 

the project. The level of safety that is provided by the UAS 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 UAS is 

far lower than could be achieved on the commercial operations of a manned aircraft. Therefore, allowing

commercial operations of UAS 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 UAS

is not required to have an airworthiness certificate, the PIC will operate the UAS 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 UAS 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 UAS 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 UAS, 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.

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 UAS. The operator of the UAS

will perform all required and periodic maintenance as indicated within the user manual and any supporting 

documents included with the UAS 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 UAS 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:

O’Haver 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 UASs 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 

UAS that will carry no passengers or crew, this will eliminate the majority of the risks associated with these 

tasks. 

The operation of the UAS 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.
V. Privacy & Public Acknowledgement:

As indicated above, all UAS 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 UAS for use in the construction industry. 

Sincerely, 

Donald R. O’Haver II

President 

O’Haver Contractors