Design and Construction 

March 10, 2016 

Thomas E Perry 

Shawmut Design and Construction 

560 Harrison A venue 

Boston, Mass 02118 

Telephone: 617 622 7375 

Cell: 617 839 4710 

Fax: 617 622 8375 

Email: tperry@shawmut.com 

U.S. Department of Transportation, Docket Operations 

West Building Ground Floor, Roomwl2-140 

1200 New Jersey Avenue, SE, Washington DC 20590 

Re: Petition for Exemption 14 CFR, Section 333 (Request for exemption from regulatory provisions to 

allow the use of small unmanned aircraft) 

To whom it may concern, 

Shawmut Design and Construction, a professional construction management firm based in Boston, 

respectfully request an exemption from several provisions of Title 14 of the Code of Federal regulations 

(C.F.R.) to permit the use of small UAVs on construction sites for aerial data collection that will assist in 

project logistic plmning and construction progress reporting. 

Background Information 

Shawmut Design and Construction is a national Construction Management firm based in Boston, MA with 

offices in Springfield, MA,Providence, RI, North Haven, CT, New York City, NY, Las Vegas, NV, Los 

Angeles, CA, and Miami, H... We have developed a specific Shawmut Safe UA V Operational procedures. 

Our clients look to Shawmut to properly plan, manage, inspect, and report on construction activities. 

Intended use of UAVs on construction site: 

• Obtain aerial photos of construction sites for use in preparing site logistics and safety plans 

• Provide progress photos of construction progress 

• Inspection of construction details 
Regulatory Basis for Exemption Request 

The requested exemption will permit the operation ofUAV under tightly controlled project sites within 

the construction fence thus ensuring that the operation of the UA V will not have an adverse impact on 

public safety. Shawmut anticipates that the use of UAVs will enhance the safe operation of construction 

sites which will directly benefit the general public surrounding the job sites as well as construction 

workers. The safety and efficiency of construction activities is dependent on accurate and timely 

information that can be checked and modified if necessary. Often, as-built drawings of a job site and/or 

satellite photoc; if available, will not show actual conditions. UA Vs along with on grade inspections will 

provide accurate site information that will imp-ove project planning and safe operations. With the use of 

UAVs, Shawmut will substantially upgrade its capacity to detect sites issues that could become a problem 

for safe construction activities and construction quality 

Information on the UAS- DJI Phantom 3 Professional 

The UAV owned by Shawmut is currently registered with the FAA. 

FAA Registration Numrer: N592DD (see Exhibit "B") 

FAA Expiration date: 2/28119 

Manufacturer and Serial Number: DJI Phantom 3 Professional serial# CE06153932681 

Type: Quad-Copter Drone 

Maximum Take-off Weight: 2.6 lbs 

Flight Time: 23 minutes max. 

Maximum Distance: 6600 feet (outdoors, unobstructed) 

Radio frequency (RF) used for control: 2.4GHZ 

On-board Camera: 4K video (30 frames per second), t 2 Mega pixel Photos 

Air Craft Performance: 

The DJI Phantom 3 Professional has manual and Auto Takeoff capability. 

When GPS is available, Auto Return Home can be utilized. The Phantom 3 remembers the exact spot that 

it too off from. Auto return Home is activated by tapping a button on the handheld controller. 

If the Intelligent Flight BatEry is running low, or if the connection with the remote controller is lost for 

any reason, the aircraft will automatically return back to the point of takeoff and land safely 

The Phantom 3 has a Beginner mode that can be set to fly within a given distance and altitude so it will 

stay within desired limits. 

Vision Positioning Sensors scan the ground beneath the Phantom 3 for (Xltterns, enabling it to identify its 

position and move accurately. 

The remote Controller has two sensitive controls sticks, dedicated buttons, and t .2 mile range 

Intended Operations of Unmanned Aircraft 

2 
Granting an Exemption will not adversely affect safety. Shawmut will conduct UAS operation over client 

owned or Shawmut controlled job sites, solely during daylight hours, and at altitudes Jess than 400 feet, 

which will be well below that which would pose a risk to other aircraft. In general UAV operations are 

intended to be conducted in areas distant from both congested areas and airports. Shawmut will not 

operate UA Vs within 5 miles of any airport or a designated no "fly zone" and at a maximum height of 400 

feet. Shawmut does not want to exercise the privileges of the requested exemption outside of the United 

States. 

The safety of those on the ground is protected by the fact that no one will be allowed into a construction 

area without permission of Shawmut. Security will be established for the flight area as part of the preflight control. Each individual within the secure area will be briefed prior to flight and will cmsent to be 

in the area. All others will be excluded from the area. 

Shawmut intends to only to operate the UAS within visual line of sight (VLOS) so the PIC is able to scan 

the space in which it is operating to see and avoid other aircraft or objects aloft or on the ground. 

Potential hazard for flying the UAS over construction sites are above ground pole mounted power lines. 

The pre-flight plan will identify all hazards and provide a safe strategy for avoiding such hazards. 

The operation of the small UAVs conducted in strict conditions outlined above, will provide an equivalent 

level of safety supporting the grant exemption requested herein, including 333 Aircraft Exemption Status 

exempting the applicant from conventional aircraft re'Jlirements and allowing commercial operations. The 

light weight craft to be used by Shawmut weighs less than (3) lbs., will operate at slow speeds, close to the 

ground, in a controlled environment, and not over people or houses. 

Shawmut intends to use commercially available UA V components. These UA V systems will be tested for 

quality and safety before being used in the field on construction job sites. Shawmut intends to perform 

routine maintenance to verify that the UA V will remain in safe and operational condition. 

Additionally, refer to App!ndix "A" for Shawmut's Safety Operations & Procedures Checklist. 

Unmanned Aircraft PIC 

Shawmut intends to use a dedicated staff for UA V operations. All operations will be within visual line-ofsight (i.e., no more than approximately 1000 feet from the manipulator of the controls, or pilot in 

command (PIC). Shawmut intends to use a ground-based visual observer to work alongside the PIC. 

Using an IPAD device that is connected to the flight remote cootroller, the observer will instruct the PIC 

to position the UA V for construction site photos. This allows the PIC not to take his eyes off of the UA V 

while in flight. 

Key factors needed by the PIC are knowledge of the airspace within which the operations shall take place, 

experience with the UAV that will be flown, and familiarity with the activities of corntruction and job site 

safety. 

Minimum requirements for the PIC (Thomas E. Perry) include: 

I. Having undergone a qualification process as specified in the Flight Procedures Manual consisting 

of a video training, and knowledge & skill instruction of the aircraft to be u;ed. 

2. A minimum of 5 hours as a UAV pilot with the make and model of the UAVs to be utilized for 

operation under the exemption and (3) take-offs and landings in the preceding 90 days. 

3. OSHA I 0 Construction Safety Certification 

4. Basic Life Support (BLS) Certification 

5. U.S. Driver's license issued by the State of Massachusetts 

3 
6. Familiar with NPFA-241, Standard for Safeguarding Construction, Alterations, and Demolition 

Operations. 

List of Sections from 14 CFR that Shawmut is seeking Exemption 

Notes regarding: 14 C.F.R Pan 21. Subpart H In accordance with the statutory criteria provided in Section 

333 of PL 112-95 in reference to 49 USC 44704, and in consideration of the size, weight, speed, and 

limited operating area associated with the aircraft and its OJl!ration, we request that this aircraft exefll>tion 

meets the conditions of Section 333. Therefore, if granted Section 333 relief of 14 CFR part 21, and any 

associated noise criteria certification and testing requirements of pan 36, is not necessary. 

Notes Regarding: 14 C.F.R. § 45.23 (b). Marking of the Aircraft 

Given the size of the UAV, two-inch lettering will be impossible. UA 

Will be identified by !!!rial number, registered in accordance with 14 CFR, part 47, and have an 

identification (N-number) markings in accordance with 14 CFR, pan 45, Subpart C. Markings will be as 

large as practicable. 

Notes Regarding: 14 CFR § 91.7(a) Civil Aircraft Airoorthiness 

Shawmut's request is based on the fact that no airworthiness certificate will be iss ted for 

the UAS. Shawmut's UAS will not require an airworthiness certificate in acrordance with 

14 CFR part 21, Subpart H. Based on the fact that an airworthiness certificate will not be 

Issued, exemption from § 91.7(a) is not necessary. 

Notes regarding: 14 CFR § 91.9(b) (2) Civil aircraft flight manual, marking & placard 

Certifications required, tre original intent of these regulations was to display an aircraft's 

Airworthiness, certification, arw:J registration documents so they would be easily available 

to inspectors and passengers. Based on the FAA Memorandum subject "Interpretation 

regarding whether certain required documents may be kept at an unmanned aircraft's 

control station," dated August 8, 2014, the requested relief from 14 CFR §§ 91.9(b)(2) 

and 91.203(a) and (b) is not necessary. 

Notes Regarding: §91.1 09 Flight instruction; Simulated instrument &certain flight tests 

Small UASs, by their design, do not have fully functional dual controls. Flight control is 

accomplished through the use of a control box that communicates with the aircraft via 

radio communications. Aircraft being considered for use by Shawmut allow the UAS 

Instructor to place the aircraft into 'loiter' mode (fixed altitude stationary hold). In the 

event of the student losing control, the UAS Instructor can quickly and via alternate 

equipment (equipment not in the hands of the student) place the aircraft into a mcde that 

then allows the instructor to bring the aircraft back into control and back to the predetermined 

and/or safe landing location. 

DFAMdoes 

Notes Regarding § 14 CFR 91.119(b) 

Relief from§ 14 CFR 91.119(b), operation over congested areas, is not applicable, 

because the Shawmut Design and Construction operations will only be conducted within the secured area 

of a construction job site described above. 

4 
Thank for considering our petition for exemption. If you have any question or require additional 

information, please call me direct @ 617 839 4 710. 

Sincerely, 

~a{J~u~ Thomas E Perry 

Director of Engineering · · · 10n 

Shawmut Design and Construction 

560 Harrison A venue 

Boston, Ma 

tperry@ shawmut.com 

Cell: 617 839 4710 

Office: 617 622 7275 

5 
Exhibit "A" 

Shawmut Safety Operations & Procedures Checklist: 

Area and Environment 

'. Anunal.., 

( Chcd. for wire-; 

L People I by<;tamler~ 

C Property in the v1cmity 

l S1te 1s :1\\ay from nones..,entwl participants 

[ Ability to mamt:un a<kquatc buffer lone'> between aircraft and rxrsonnel; 

Mmimite dc~trture ... and landmg<~ over populated area-, 

U Tal-e into account local topography. ensuring a vhtblc hne of ... ighttoward-; the UA Vat all times. 

Ensure the telemetry connectiOn j.., not ob'otructcd. 

(' lnve ... tigatc potential alternative landing site-, in ca'oc tal-c-off '>lle is obstructed. 

G P-,ychological con,idcration (arc you well rc:,ted, m ... hed. arc you being prcssurt:d by client) 

r Weather considerations 

Temperature 

o Vi-;tbility 

o Precipitation 

r Wind Speed 

o Upper wind-; I at altitude 

C Notify any bystanders or nearby properly owner-; of your intentions (pcrmi~ton) 

( D1~cuss flight plan with your co-pilot or spotter 

r If flying m controlled airs~tce. have you notifietl airspace authority 

1.. Shawmut will not lly in cmtrolled airspace 

o Can you reach nuthoritks 

n Do ) ou need to mamtain communication? 

L F1N Aid Kit <~locked, readily accc ... sJbk and visible to anyone in the area. 

EquipmcntiUAVIDrone 

r Wall.-nround 

l Crack 111 JOints ,md structural membe1" 

L Loose or d.unagcd screw-;, ties. fa-;tenl!rs. straps 

6 
Exhibit "A" (continued) 

[" Loo-;e or damaged wiring 

L Loo~c or damaged connection-; (solder, plug-,, etc.) 

r ln~pccl prop mounh and ~crews and apply ~ltght coumcr pre-;surc on anm to chccl.. for loo-.enetl 

component~ 

C Clean FPV (Camera) Len-. and in~urc it i.., '>ecured and connects are firmly auach:d 

C Camera selling~ are correct (~till im:1ge..,, video, frameratc) 

Baucry I Bauene-; arc fully charged, properly -.eateu and Secured 

Fail-~ali: equipment functioning 

o RTH (return to hom:) 

Firmware Airport Proximity Detection Functioning 

r Prop-. arc smooth and free of damage I defect (check blade. ~urfacc and hub) 

L Prop adapter-. are tight I secure 

c- Check RC tran'imittcr !-~how.., the right range and centering for all ~tick~ 

Mi.-...,ion plan 

( 1 All action~ and contingencie~ for the mission planned. 

[ Contingency planning shoulu include -;afc routes in the event of a system failure, d:gratkd 

performance, or lo..,t communkation link. if ~uch a f:ul..,afc exi..,t~. 

t Mi~sion plan~ and flight plmt'> should be shared with other o~rators in the vicinity. 

Public Awarene..,s 

L Be courteous :md pol itc 

[' You arc an amba-.sador anu your actions will affect other pilob ard the industry in general 

Be profe-.-.ional I appear profe"isional 

Pre Flight 

[ Verifying all tran~mitter, on-board aircraft ami camera batterie'> are full) charged: (confirm 

voltage~) 

Ensure no frequency conllicts with both video and tran'>mttter I receiver 

1 
Exhibit "A" (continued) 

0 Checking all control surfaces for sign!-> of damage. loose hinges, and overall condition; Looking 

over the wing/rotors to ensure they :1re in good structural condition and properly secured: 

0 Check motor/engine and mounting allached to the airframe; 

0 Study propellers I mounting hard\\ are (tight) I rotor blades for chips and deformation; 

0 Check the landing gear for damage and function 

0 Test electrical connections, plugged in and secure 

0 Ensure photo I video equipment mounting sy-.tt:m is secure and operational. 

0 Check location of GPS equipment controlling the autopilot. 

0 Check the IMU movements in the ground control software. 

0 UA V in stabilization mode, ensure control surfaces move towards the corn:~ct positions 

0 UA VI Drone is in a level location safe for takeoff 

0 If using Video recorder turn on camera system 

0 Camera settings are correct (still images, video, framerate) 

0 SD camera memory clear and inserted into the camera 

L Action I Start filming 

0 All tr:m-.miuer controls move freely inall directions 

l All tran-.mitter trims in neutral positton 

C Alltran-;milter switches incorrect position( typically away) 

0 Transmitter throttk to zero 

Rallio tran-;mitter on 

[ Connect I power on battery to airframe 

( En-.urc Jed indtcators and audible tones are correct 

Tuner on (if appltcablc) 

FPV, confirm video is in monitor 

C Scan lor nearby cars I people I animals 

0 Say .. CLEAR!" 

r Arm flight controller 

[ Increase throttle slightly listening forany abnormalities 

[ Short 20 30 ~econd hover at 3-5 feet (listen for vibrations I loo;c item'>) 

[ Confirm Voltage levels arc correct 

8 
Exhibit "A" (continued) 

In flight 

C.: Ba.,ic-.: If flying manually, ah\ .lY" keep your fm!.!er<, on the controller/transmiller. 

[ Never let the UA V out of your s1ght even for a -.econd. 

l Climb to a •,afc altitude ;m "Y from potenuat h.1zardo., and to reduce noise pollution. 

C. Keep a1rcraft at a :-.ale operating dl':ltancc from people. electric utility lines and buildings. 

0 If the UAV mu'it L~ flm\n mer hmtdmgo., or pcopk, use a tight\\cight UAV and maintain a safe 

altitude for 1ecovery and make every effort to minimi1c expo!:>urc. 

l Spotter: U-;e a o.,potter \\ henever poo.,..,rhle and appropriate, e~pecially when flying by First Person 

View (FPV). 

0 Do not fly UA Vs '' ithin dt..,lance del 1ncd by local J;~y." ol any privatc/comn"Crcial airport/hclipad 

Do not fly around a pre-e·w.tmg UA V flying o.,rte '' ithout a freqtrncy-managcrnent agreement. 

C· Do not interfere \\ith op:rationo., and traffrc pattern'> at any airport 

C Landing: Regardle~~ of\\ hethcr of a manual or automated UA V landing. scan landing area for 

potential ob~truction hazard!:>. 

L Announce out loud ,;Prepanng to Land''. 

r Carefully l:md tlx: aircraft a\\ay from ob-,tru<.'ttom and people 

Po~t-fl ight 

r Shutting Down: Turn the po'' er off to the aircraft and/or d1scmnectthc batteries. 

0 Turn off the transmiltcr. 

[.1 Turn the power off to the photo equrpment. 

Vt..,ually check aircraft for ~ign-. of dunage and/or exce-.-;ivc \\ear. 

Remove Lhc unused fuel if applicable. Secure Lhe arrcraft 

l Check pictures: Verify th:ll the UA V camera actually took. the ptctures. 

l Log Flight 

9 
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UNITED STATES OF At.I£RICA I This eertific:.ato 

OEPARTI.IENT OF TRAHSPORTATIOH-f£OERAL AVIATIOtl AOMINISTRATION must be in the airCERTIFICATE OF AIRCRAFT REGISTRATION craft when operated. 

NATIONAUTY AND I AIRCRAFT SERIAl NO 

REGISTRATION MARKS N 59200 CE061 539232681 

MANUFACTURER AND MANUFACTURER'S DESIGNATION OF AIRCRAFT 

OJI PHANTOM 3 PROFESSION 

ICAO Atn:ralt Address Code 51722444 

Thll cettilialle II 

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DATE OF ISSUE February 5, 2016 ot Transportqllon 

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TQ: SHAWMUT DESIGN AND CONSTRUCTION 

560 HARRISON AVENUE 

BOSTON MA 0211 8 

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