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July 15th, 2015 

U. S. Department of Transportation Docket Management System 

 1200 New Jersey Ave., SE 

Washington, DC 2O59O

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

Regulations from l4 CFR 6l.ll3 (a) & (b); 9l.lO3(b); 9l.ll9; 9l.l2l; 9l.l5l(a); 9l.4O5 (a); 9l.4O7(a) (l); 

9l.4O9 (a) (2); 9l.4l7 (a) & (b).

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and l4 

C.F.R. Part ll, Jacobsen Construction Company, 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 (“sUAS”) 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, the requested exemption would permit the operation of sUAS under 

controlled conditions in airspace that is l) limited 2) predetermined 3) controlled as to access and 4) would 

provide safety enhancements to the already best practices safety protocols followed by Jacobsen 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.

The name and address of the applicant is: 

Jacobsen Construction 

3131 W 2210 S 

Salt Lake City, UT 84119 

PH: 801-574-1631

Email: mdecker@jacobsenconstruction.com 

Regulations from which the exemption is requested: 

l4 C.F.R. Part 2l

l4 C.F.R. 45.23(b)

l4 C.F.R. 6l.ll3 (a) & (b)

l4 C.F.R. 9l.7 (a)

l4 C.F.R. 9l.9 (b) (2) 

l4 C.F.R. 9l.lO3

l4 C.F.R. 9l.lO9

l4 C.F.R. 9l.ll9 

l4 C.F.R. 9l.l2l 

l4 C.F.R. 9l.l5l (a)
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l4 C.F.R. 9l.2O3 (a) & (b)

l4 C.F.R. 9l.4O5 (a)

l4 C.F.R. 4O7 (a) (l)

l4 C.F.R. 4O9 (a) (2)

l4 C.F.R. 4l7 (a) & (b)

I. STATUTORY AUTHORITY FOR EXEMPTIONS

The Federal Aviation Act expressly grants the FAA authority to issue exemptions. 

This statutory authority includes exempting civil aircraft, as the term is defined under 

§4OlOl of the Act, including sUASs, from the requirement that all civil aircraft must have a current 

airworthiness certificate. 

The Administrator may grant an exemption from a requirement of a regulation prescribed under 

subsection (a) or (b) of this section or any sections 447O2-447l6 of this title if the Administrator finds the 

exemption in the public interest. 49 U.S.C. §447Ol(f) See also 49 USC §447ll(a); 49 USC §447O4; l4 CFR

§9l.2O3(a) (l). 

Section 333(b) of the Reform Act assists the Secretary in determining whether sUAS may operate in 

the National Airspace System (NAS) without creating a hazard to the user, the public, or a threat to 

national security. If the Secretary determines that a sUAS “may operate safely in the national airspace 

system, the Secretary shall establish requirements for the safe operation of such aircraft in the national 

airspace system.” Id. §333(c). 

Jacobsen’s sUAS are multirotor vehicles, weighing 10 or fewer lbs. including payload. They operate 

under normal conditions at a speed of no more than 50 knots and have the capability to hover, and move in 

the vertical and horizontal plane simultaneously. The sUAS will operate only in the Pilot’s visual line of sight 

at all times and will operate only within the project area. Such operations will insure that the sUAS will “not 

create a hazard to users of the national airspace system or the public.” Reform Act Section 333 (b). 

Given the small size of the sUAS involved and the restricted and project area within which they will 

operate, our application falls squarely within the zone of safety (an equivalent level of safety) in which 

Congress envisioned that the FAA must, by exemption, allow commercial operations of sUAS to commence 

immediately. Also due to the small size of the sUAS and the low altitudes and restricted areas in which the 

sUAS will operate, approval of the application presents no national security issue. 

Given the clear direction in Section 333 of the Reform Act, the authority contained in the Federal 

Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations, and 

the significant public benefit, including enhanced safety, the grant of the requested exemptions is in the 

public interest. Accordingly, Jacobsen respectfully requests that the FAA grant the requested exemption 

without delay. 
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II. PUBLIC INTEREST

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 sUAS on a construction site can significantly reduce the risk to workers of falls while 

inspecting, surveying, or monitoring site progress. sUAS 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 sitesl

, and reducing falls through sUAS use for site imaging could save 

workers lives. 

Additionally, sUAS could replace the use of helicopters and small aircraft to monitor sites. The sUAS 

we propose to fly in this application are under five pounds, and carry no combustible material on board, as 

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

presents a marked safety increase for our workers and the public. 

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

imaging and data collection over a construction site. Our sUAS use rechargeable lithium ion batteries, as 

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

III. EQUIVALENT LEVEL OF SAFETY

Jacobsen proposes that the exemption requested herein apply to sUAS that have the characteristics 

and that operate with the limitations listed herein. These limitations provide for at least an equivalent or 

even higher level of safety to operations under the current regulatory structure because the proposed 

operations represent a safety enhancement to the already safe protocols followed on construction sites and 

imaging and surveying operations conducted with helicopters and other conventional aircraft. 

Jacobsen will be bound by the following limitations when conducting its sUAS operations 

under an FAA issued exemption: 

1. The sUAS will be less than 10 pounds.

2. Flights will be operated within visual line of sight of a pilot. 

3. Maximum total flight time for each operational flight will be 30 minutes. The UAS calculates battery 

reserve in real time, and will return to its ground station with at least 2O% battery power reserve 

should that occur prior to the 3O minute limit. 

4. Flights will normally be operated at an altitude of 200 feet AGL, never exceeding 400 feet AGL. 

5. Any site within 5 miles of an airport will not be flown without notification and approval of the 

local FAA Flight Standards District Office (FSDO) and airport controller. 

6. Crew for each operation will consist of the sUAS Pilot who will keep the sUAS within his visual 

line of sight at all times. 

7. The sUAS Pilot will be trained in flight, operations, and safety procedures as detailed in the Flight 

Manual. 

8. The sUAS will only operate within a confined “Sterile Area” as defined in the Manual. The Manual also 

requires the establishment of a “Security Perimeter” for the flight operations area. 

9. A briefing will be conducted in regard to the planned sUAS operations prior to each day’s production 

activities. 

10. All onsite personnel will consent to the UAS flyover on site by waiver, and the operator will obtain 

additional verbal or written consent of all persons who will be allowed within 100 feet of the flight 

operation. 

11. Pilot will have been trained in operation of UASs generally and received up-to-date information on 

the particular UAS to be operated as required by of the Manual. 

12. Written and/or oral permission from the relevant property holders will be obtained. 
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13. All required permissions and permits will be obtained from territorial, state, county or city 

jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies. 

14. If the sUAS loses communications or loses its GPS signal, it will have capability to enter “loiter 

mode” and hover, reestablish satellite connection, and return to a pre- determined location within 

the Security Perimeter and land. 

1 “Commonly Used Statistics”, Occupational Safety & Health Administration. Available at: 

https://www.osha.gov/oshstats/commonstats.html

IV. DESCRIPTION OF SPECIFIC REGULATIONS

14 CFR 61.113 (a) & (b): Private pilot privileges and limitations: Pilot in command

Sections 6l.ll3 (a) & (b) limit private pilots to non-commercial operations. Because the sUAS will not carry 

a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current 

operations by requiring the Pilot operating the aircraft to have (l) completed a sUAS flight training course 

of lOO hours before flying a sUAS (See Section F of the Manual for more details) and (2) a Sport Pilot 

certificate. The FAA has previously acknowledged in prior grants of exemption under Section 333 that a

commercial pilot’s certificate was not necessary to operate a sUAS, but that the FAA could not waive the 

requirement for an FAA-issued pilot’s license. A Sport Pilot certificate addresses the FAA’s requirement that 

the Pilot in command have the requisite training and understanding of the National Airspace System, and 

also ensures that the Pilot is registered with the FAA and will not pose a risk to national security. The Sport 

Pilot certificate also does not require the Pilot to undertake the additional cost and time of additional 

manned aviation flight time that the Private Pilot’s license requires and which will not translate to skill or 

competency operating the sUAS. 

Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no 

living thing or cargo on board. Jacobsen’s sUAS is also operated by an autopilot, which greatly reduces the 

danger of human error. The area of operation is controlled and restricted to hard hat areas, and all flights 

are planned and coordinated in advance. 

The sUAS to be operated hereunder is less than 10 lbs. fully loaded, carries neither a pilot nor passenger, 

carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured area. Like 

other civil aircraft, operations under this exemption will be tightly controlled and monitored by the operator 

and under the requirements and in compliance with local public safety requirements, to provide security for 

the area of operation as is currently done on active construction sites. The FAA will have advance notice of all 

operations. 

The risks associated with the operation of the sUAS are therefore diminished from the level of risk 

associated with commercial operations contemplated by Part 6l when drafted, and allowing operations 

of the sUAS as requested with a Pilot who has met the minimum requirements stated in Section F of the 

Manual achieves the level of safety contemplated by l4 C.F.R. §6l.ll3 (a) & (b).

14 C.F.R. 91.103: Preflight Action

This regulation requires each pilot in command take certain actions before flight to ensure the safety of flight. 

An exemption is needed from this requirement as the Pilot will take separate preflight actions, including 

checking for weather conditions, checking flight battery requirements, checking takeoff and landing 

distances, and all other actions in the Preflight Checklist in the Manual. These actions will provide an 
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equivalent level of safety. 

14 C.F. R. 91.119: Minimum Safe Altitudes

Section 9l.ll9 establishes safe altitudes for operation of civil aircraft. Section 9l.ll9 (d) allows helicopters 

to be operated at less than the minimums prescribed, provided the person operating the helicopter 

complies with any route or altitudes prescribed for helicopters by the FAA. This exemption is for a 

multirotor craft that flies similarly to a helicopter, with vertical takeoff and vertical landing, which will 

typically operate at altitudes of 200 AGL, so an exemption may be needed to allow such operations. The

sUAS will never operate at altitude higher than 4OO AGL and will be in a restricted area with security 

perimeter, where buildings and people will not be exposed to operations without their pre-obtained 

consent. 

The equivalent level of safety will be achieved given the size, weight, speed of the sUAS as well as the 

location where it is operated. No flight will be taken without the permission of the property owner or local 

officials. Because of the advance notice to the property owner and any onsite all affected individuals will be

aware of the planned flight operations. Unlike flight operations with aircraft or rotorcraft weighing far more 

than the maximum 10 lbs. proposed herein, our sUAS will not carry flammable fuel. In addition, the lowaltitude operations of the sUAS will ensure separation between sUAS operations and the operations of 

conventional aircraft that must comply with Section 9l.ll9.

14 C.F.R. 91.121: Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an 

altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting available 

before departure.” As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, 

an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to 

the Manual and Safety Check list, confirming the altitude of the launch site shown on the GPS altitude

indicator before flight. 

14 CFR 91.151 (a): Fuel requirements for flight in VFR conditions

Section 9l.l5l (a) outlines fuel requirements for beginning a flight in VFR conditions. Our sUAS is limited to 

operations in controlled environments and has a limited range and flight time which require an 

exemption from l4 CFR 9l.l5l(a).

The battery powering the sUAS provides approximately 35 minutes of powered flight. To meet the 30 

minute reserve requirement in l4 CFR §9l.l5l, sUAS flights would be limited to approximately 5 minutes in 

length. Given the limitations on the sUAS’s proposed flight area and the location of its proposed 

operations within a predetermined area, a longer time frame for flight in daylight or night VFR conditions is 

reasonable.

Jacobsen believes that an exemption from l4 CFR §9l.l5l(a) falls within the scope of prior exemptions. 

See Exemption lO673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 

9l.l5l (a)). Operating the small sUAS, in a tightly controlled area where only people and property owners 

or official representatives who have signed waivers will be allowed, with less than3O minutes of reserve 

fuel, does not engender the type of risks that Section 9l.l5l(a) was intended to alleviate given the size and 

speed of the small UAS. Additionally, limiting sUAS flights to 10 minutes would greatly reduce the utility 

for which the exemption will be granted.

An equivalent level of safety can be achieved by limiting flights to 30 minutes, or enough battery reserve to 
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ensure that the sUAS lands at the ground station with at least 2O% of battery power (as determined by the 

onboard monitoring system and the Pilot), whichever happens first. This restriction would be more than

adequate to return the sUAS to its planned landing zone from anywhere in its limited operating area. 

Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, lO673, and

lO8O8. 

14 CFR 91.405 (a); 407 (a)(1); 409 (a)(2); 417 (a) & (b): Maintenance inspections

These regulations require that an aircraft operator or owner “shall have that aircraft inspected as prescribed 

in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this 

section, have discrepancies repaired as prescribed in part 43 of this chapter...,” and others shall inspect or 

maintain the aircraft in compliance with Part 43. 

Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections 

will not apply to Jacobsen. Maintenance will be accomplished by the operator pursuant to the flight manual 

and operating handbook. An equivalent level of safety will be achieved because these small sUAS are very 

limited in size and will carry a small payload and operate only in restricted areas for limited periods of time. 

If mechanical issues arise the sUAS can land immediately and will be operating from no higher than 4OO feet 

AGL. The Pilot will ensure that the sUAS is in working order prior to initiating flight, perform required 

maintenance, and keep a log of any maintenance performed. Moreover, the Pilot is the person most familiar 

with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent 

level of safety. 

+++++++++ 

Pursuant to l4 C.F.R. Part ll, the following summary is provided for publication in the Federal Register, 

should it be determined that publication is needed:

Applicant seeks an exemption from the following rules: l4 C.F.R. §2l, subpart H; l4 C.F.R 45.23(b);l4 

C.F.R. §§ 6l.ll3( a) & (b);9l.7

(a); 9l.9 (b) (2);9l.lO3(b);9l.lO9; 9l.ll9; 9l.l2l; 9l.l5l(a);9l.2O3(a) and (b); 9l.4O5

(a); 9l.4O7 (a) (l); 9l.4O9 (a) (2); 9l.4O9 (a) (2) and 9l.4l7 (a) & (b) to operate commercially a small 

unmanned vehicle (55lbs or less) in construction operations. 

Approval of exemptions allowing commercial operations of sUAS in the construction industry enhances 

safety while reducing risk. Manned aircraft monitoring and surveying creates a greater risk because the craft 

are much larger, have combustible fuel, and carry an onboard human pilot. In contrast, a sUAS weighing

fewer than 10 lbs. and powered by batteries eliminates virtually all of that risk given the reduced mass and 

lack of combustible fuel carried on board. The sUAS will carry no passengers or crew and, therefore, will not 

expose them to the risks associated with manned aircraft flights. 

The operation of small sUAS, weighing less than 10 lbs., conducted in the strict conditions outlined above, 

will provide an equivalent level of safety supporting the grant of the exemptions requested herein, including 

exempting the applicant from the requirements of Part 2l and allowing commercial operations. These 

lightweight aircraft operate at slow speeds, close to the ground, and in a sterile environment and, as a 

result, are far safer than conventional operations conducted with turbine helicopters operating in close 

proximity to the ground and people. 
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Privacy

All flights will occur over private or controlled access property with the property owner’s prior consent and 

knowledge. Images taken will be of individuals who have also consented to being filmed or otherwise have 

agreed to be in the area where aerial photography will take place. 

+++++++++ 

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2Ol2--size, weight, speed, operating 

capabilities, controlled operating environment and operation within visual line of sight and national security –

provide more than adequate justification for the grant of the requested exemptions allowing commercial 

operation of applicant’s sUAS in construction industry pursuant to the Manual appended hereto. 

 Sincerely, 

 Mark Decker 

Director of Virtual Design and Construction, 

Jacobsen Construction Company