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March 14, 2016 

US Department of Transportation 

Docket Operations 

1200 New Jersey Ave. SE 

Washington, DC 20590 

RE: Request for Exemption of Section 333 of the FAA Modernization and Reform Act 2012.  

Name and Address of Petitioner: 

Neil A. Monkman 

908 SW 4th Ave 

Cape Coral FL 33991 

Working for: 

Wright Construction Group, Inc.  

5811 Youngquist Rd.  

Fort Myers FL 33912 

Project Manager/Quality Control Manager/Radiation Safety Officer 

Authorized Associate: 

Brian McWilliams 

IT Manager – Wright Construction Group 

5811 Youngquist Rd.  

Fort Myers FL 33912 

To Whom It May Concern: 

Pursuant to Section 333 of FAA Modernization and Reform Act of 2012 (hereinafter “the reform act”) 

and 14 FCR Part 11, Neil A. Monkman, The Petitioner, hereby requests an exemption from the following 

Federal Aviation Regulations in order to legally operate an Unmanned Aircraft System (UAS) in the 

National Airspace System and, with written consent from the FAA and on occasion to fly within specific 

national airport airspace as noted herein.  

Regulations from which the exemption is requested: 

14 CFR 21 H 

14 CFR 45.23(b) 

14 CFR 91.9 (b)(2) 

14 CFR 91.119 
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The petitioner wishes to be granted the exemption for use of the UAS of commercial operations listed 

below.  

Applications and Operations: 

 Overhead Photography of Building Construction Sites 

 Overhead Photography of Roadway/Utility Construction Sites 

 Overhead Video of Building, Roadway or Utility Construction Sites  

The petitioner believes the use of the UAS for the above applications provides the following benefits.  

 Cost Savings – Typical overhead photos of this type are taken by manned aircraft at a 

significantly higher cost. This higher cost is passed on to either the property owner of private 

land projects or to the tax payer on public/federally funded roadway projects. There is also a 

cost savings to any governing agency requiring far less time and effort with monitoring and/or 

approving the use of a UAS.  

 Safety – In the rare event of a failure during flight due to any unforeseen circumstances, the 

resultant damage to person or property would be minimal if non‐existent due to the areas being 

flown are typically non‐populated or less populated. Additionally, since this specific type of UAS 

does not use fossil or combustible fuels, the risk is much lower. Lastly, due to the small mass of 

the UAS any impact damage would be minimal.  

 Environmental – The UAS does no emit any toxic substances as a result of operation. It uses 

rechargeable batteries which are more environmentally friendly.  

UAS Characteristics/Features/Specifications: 

The UAS Specifications are as follows: 

Model: Yuneec Typhoon Q500 4K 

Dimensions: 210mm x 420mm 

Diagonal Motor to Motor Distance: 510mm 

Propeller Diameter: 330mm 

Weight Without Battery: 1130g 

Weight with Camera & Battery: 1700g 

Battery: 5400mAh 3S 11.1V LiPo 

Transmitter: 10 Channel 2.4Ghz with 5.8Ghz video downlink 

Maximum Flying Altitude: Default 400’ Above Sea Level 

Maximum Rotation Angle: 35 degrees 

Maximum Climb Rate: 2m/s 

Maximum Descent Rate: 3m/s 

Controls: 

Manual: The UAS is controlled by a remoted ST10+ controller that controls altitude, forward, side and 

reverse motion. Maximum forward speed is 22 mph.  

Automatic: 

In the event of loss of sight or video, the ST10+ controller has a single “home” button that will 

immediately return the UAS to the controller, maintaining current altitude and then land within 20’ of 
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the controller. Then automatically shuts down. Additionally, the UAS has a series of “low battery alerts”. 

The first alert limits height to 190’ above sea level, the critical alert will automatically land the UAS.  

Exemption Requests & Reasons 

14 CFR 21 H: Airworthiness Certificates 

The petitioner has been unable to obtain these types of certificates that are typically required for 

manned aircraft. It is also the petitioners understanding that similar UAS’s do not require these as 

granted in Exemption Nos. 11623, 11650, 11664 and 11734.  

14 CFR 45.23 (b) Marking of the Aircraft 

These regulations provide that each aircraft must display “N” and the aircrafts registration number in 

letters at least 3” high. Additionally, the aircraft must display the word “EXPERIMENTAL” in letters at 

least 2” high near the entrance to the cabin, cockpit or pilot station. None of the locations exist on the 

UAS and due to its size 2” or 3” letters will not fit.  

14 CFR 91.9 (b) (2) Civil Aircraft Flight Manual in the Aircraft 

Because this is an unmanned aircraft, a flight manual in the aircraft would serve no purpose as the pilot 

is on the ground. Also, there is nowhere to put such a manual on the UAS. The operator will always have 

the most current user manual readily available for reference.  

14 CFR 91.119 Minimum Safe Altitudes 

The regulation provides that over sparsely populated areas the aircraft cannot be operated closer than 

500 feet to any person, vessel, vehicle or structure.  While the maximum forward speed is 22 mph, the 

operations for what this UAS will be used for will result in a maximum forward speed no more than 5‐10 

MPH or slower. Flying any faster than that would not produce the desire effect of construction progress 

photos or videos. Also, because the UAS will be used for both building and roadway construction it will 

frequently be within 500 feet of any of the above. An exemption is requested due to the fact the use of 

the UAS will typically be in areas not open to the public and the petitioner will always take means to 

ensure the safety of anyone in the site including providing advanced notice of any flight.  

Additional Reasons: 

The current software/firmware of the controller will NOT allow the UAS to start or fly within any no‐fly 

zone. This feature cannot be overridden. Many construction projects are performed within the no fly 

zones of several local airports in 3 counties. Without the exemption there is a hardship created 

financially by having to use companies that fly manned aircraft.  

The manufacturer has a version of firmware that will allow the UAS to fly within no fly zones, but they 

require the exemption to be granted before they will release the firmware to any consumer.  
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Additional Safety Precautions and Measures to be Taken: 

1. The petitioner will always ensure that a copy of the registration for the drone is readily 

available.  

2. The petitioner, if requested or required, will affix the registration number to the UAS 

3. The petitioner has undergone several hours of training and is well versed in the controls and 

requirements.  

4. Routine maintenance and inspections will be performed in accordance with the manufacturer 

recommendations or by the manufacturer to meet the general intent of 43.7 of this chapter 

5. The petitioner will always perform a “pre‐flight” safety check 

6. The petitioner will continuously monitor the altitude and surrounding hazards.  

7. While the firmware will allow flight within a no fly zone, the petitioner will always have a current 

map of all current no fly zones readily available.  

8. In NO CASE will flight occur within a no fly zone without first contact the appropriate FFA, 

Airport Operations Staff or any other required governing agency.  

9. When construction projects are within a no fly zone, the petitioner WILL establish a mutually 

agreed upon operating procedure with airport operations and FAA staff. If requested, a site 

specific safety plan will be developed.  

In summary, the Petitioner (Neil A. Monkman) herby requests an exemption as noted herein as well as 

any other requirement not specifically listed but incidental to the exemptions herein and necessary to 

perform the scope of “Aerial Photography and/or Video of Roadway or Building Construction Projects” 

and/or to legally operate an Unmanned Aircraft System in the National Airspace System and, on 

occasion and with proper notice and approval, within designated no fly zones.  

Most Respectfully,  

Neil A. Monkman 

908 SW 4th Ave.  

Cape Coral FL 33991 

239‐462‐7371 cell 

239‐481‐5000 office 

neilm@planetmonkman.com