r-~ CLANCY 

~I!!!!~!§ November 9, 2015 

U. S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

www.clancytheys.com 

RE: Petition for exemption according to section 333 of the FAA Modernization and reform Act of 2012 (FMRA) 

Dear Sir or Madam, 

Clancy and Theys Construction Company hereby petitions for an exemption from the Federal Aviation Regulation 

(FAR) and any other rules necessary to allow for the operation of a small unmanned aircraft system (UAS) for the 

purpose of reviewing construction performance, safety, and quality control inspections in a faster and safer manner 

than manual inspections for some areas and levels of the scheduled work for construction. The operation under the 

requested exemption will adhere to strict safety protocols which we will list in the following. The reason behind using 

an unmanned aircraft system to perform these building construction performance reviews, monitor safety activities, 

and for quality control will be to provide a much safer mechanism to all involved parties while posing no safety or 

privacy threat to the general public, or any other individuals be it participating parties or non-participating parties. 

1. Name and mailing address: 

Clancy and Theys Construction Company 

Virginia Division 

11830 Fishing Point Drive, Suite 201 

Newport News Virginia 23606 

Phone: 757-873-6869 

Fax: 757-873-7630 

e-mail: BiiiGoggins@clancytheys.com 

2. The specific section or sections of 14 CFR from which you seek exemption: 

Exemption Request Pursuant to Section 333 of the FMRA and Part 11 of the Federal Aviation Regulations, 

seeking exemption from: 

14 C.F.R. sections 61.113(a) and (b) Private pilot privileges and limitations: pilot in command 

14 C.F.R. section 61.133(a): Commercial pilot privileges and limitations 

14 C.F.R. section 91.119(c): Minimum safe altitudes: General 

14 C.F.R. section 91.121: Altimeter settings 

14 C.F.R. section 91.151(a): Fuel requirements for flight in VFR conditions 

14 C.F.R section 91.405(a): Maintenance required 

11830 Fishing Point Drive, Suite 201 • Newport News, VA 23606 • 757.873.6869 (p) • 757.873.7630 (f) 
www.clancytheys.com 

14 C.F.R. section 91.407(a)(1): Operation after maintenance, preventive maintenance, rebuilding, or 

alteration 

14 C.F.R. sections 91.409(a)(1) and (2): Inspections 

14 C.F.R. sections 91.417(a) and (b): Maintenance records 

14 C.F.R. section 91.7(a): Civil aircraft airworthiness 

3. The extent of relief you seek and the reason you seek the relief: 

a) 14 C.F.R. sections 61.113(a) and (b) Private pilot privileges and limitations: pilot in command 

14 C.F.R. section 61.133(a): Commercial pilot privileges and limitations 

Clancy and Theys Construction Company is seeking relief and exemption from the above listed Federal 

Aviation Regulations and other applicable rules to allow the use of a Small Unmanned Aircraft System to 

conduct building performance review and safety inspections up to 200' from the surface of the ground. The 

UAS that Clancy and Theys Construction will use to conduct these inspections is either a DJI Phantom 2 or 3, 

an Unmanned Aircraft System widely flown by recreational flyers which weighs less than 6 pounds, whereas 

per definition by US Congress as stipulated in Section 331, PL 112-95, 2014: "6) SMALL UNMANNED 

AIRCRAFT.-The term "Small Unmanned Aircraft" means an unmanned aircraft weighing less than 55 Pounds." 

As additional safety measures the DJI Phantom 2 and 3 UAS both have "return to home" features in case of 

loss of remote control connection or low battery remaining indications. 

Clancy and Theys Construction Company respectfully petitions that, given the characteristics aforementioned 

in the paragraph above, to exempt the operations of the UAS by pilot holding a private pilot's certificate or 

commercial pilot certificate. The risks associated with the operation of these small UAS are lower than the 

level of risks associated with commercial operations contemplated by Part 61; allowing the operation of the 

UAS as requested therefore exceeds the level of safety achieved by 14 C.F.R. section 61.113(a) and (b). 

b) 14 C.F.R. section 91.7(a): Civil aircraft airworthiness 

Section 91.7(a) requires that no person may operate a civil aircraft unless it is in airworthy condition. Given 

the characteristics of the UAS such as small size, light weight, low operating altitude, short flight time, and the 

stringent operating restrictions and conditions proposed in this petition, an equivalent level of safety will be 

achieved by compliance with the Manufacturer's Standard Operating Procedure. Clancy and Theys 

Construction Company therefore requests the FAA to grant an exemption from Section 91.7(a) and find that 

the operator may ensure that the UAS are in airworthy condition by complying with the Standard Operating 

Procedure, the proposed operating restrictions, and conditions. 

11830 Fishing Point Drive, Suite 201 • Newport News, VA23606 • 757.873.6869 (p) • 757.873.7630 (f) 
www.dancytheys.com 

c) 14C.F.R. section 91.119(b) and (c): Minimum safe altitudes 

Section 91.119(b) and (c) establish certain minimum altitudes for operation of civil aircraft. Section 91.119 

provides, in pertinent part, that: "except when necessary for takeoff or landing, no person may operate an 

aircraft below the following altitudes: ... (b) Over congested areas. Over any congested area of a city, town, 

or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle 

within a horizontal radius of 2,000 feet of the aircraft. (c) Over other than congested areas. An altitude of 

500 feet above any surface, except over open water or sparsely populated areas. In those cases, the aircraft 

may not be operated closer than 500 feet to any person, vessel, vehicle, or structure." Clancy and Theys 

Construction Company requests to be exempted from this section since the said UAS will not operate on 

altitudes higher than 200 feet above ground level. Putting into account its small size, light weight, low speed, 

and its limited range, also that it carries no passengers or flammable materials, the UAS may safely fly at a 

lower altitude than conventional aircrafts. The buildings that Clancy and Theys Construction Company intend 

to fly over and around typically do not rise more than 200 feet. Relief from this rule is warranted because the 

operations will be conducted with the safeguards and under the operating conditions outlined herein and in 

the Manufacturer's Standard Operating Procedure. 

d) 14C.F.R. section 91,121: Altimeter setting 

It is regulated that each person operating an aircraft shall maintain the cruising altitude or flight level of that 

aircraft, as the case may be, by reference to an altimeter that is set, when operating. (b) The lowest usable 

flight level is determined by the atmospheric pressure in the area of operation as shown... Due to the nature 

of the use of the small UAS to perform building performance and safety inspections, the UAS will not fly 

above the altitude of 200 feet. Clancy and Theys Construction Company respectfully submits to be exempted 

from this section. 

e) 14 C.F.R. section 91.151(a): Fuel requirements for flight in VFR conditions 

Clancy and Theys Construction Company submits to exempt this section putting into consideration the limited 

battery life that in turn limits the flight duration of the UAS DJI Phantom 2 or 3 and also the characteristics of 

the UAS being light weight, low speed, limited range, the ability to land very quickly, operation within visual 

line of sight, restricted operating area, and the fact that they do not carry passengers or any flammable 

materials. Both the Phantom 2 and 3 UAS have a "return to home" safety feature in the event of the battery 

runs low, so the UAS should remain under control and not run out of power unexpectedly. 

11830 Fishing Point Drive, Suite 201 • Newport News, VA 23606 • 757.873.6869 (p) • 757.873.7630 (f) 
""~ CLANCY 

~I!!!!~!§ www.dancytheys.com 

f) 14 C.F.R section 91.405(a): Maintenance required 

14 C.F.R. section 91.407(a)(1): Operation after maintenance, preventive maintenance, rebuilding, 

or alteration 

14 C.F.R. sections 91.409(a)(1) and (2): Inspections 

14 C.F.R. sections 91.417(a) and (b): Maintenance records 

Because these sections and Part 43 apply only to aircraft with airworthiness certificates, these sections will 

not apply to Clancy and Theys Construction Company. Maintenance will be accomplished by the operator 

pursuant to the manufacturer's manual and the Standard Operating Procedure. An equivalent level of safety 

will be achieved because the UAS are very small in size and weight, will carry a tiny payload, and operate only 

in restricted areas for short periods of time. If mechanical issues arise, the UAS can land immediately and will 

be operating from no higher than 200 feet above the ground level. As provided in the Manufacturer's 

Standard Operating Procedure, the operator will ensure that the UAS is in working order prior to initiating 

flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the 

operator is the person most familiar with the aircraft and best suited to maintain the aircraft in airworthy 

condition to provide an equivalent level of safety. 

g) Such other relief as the FAA deems appropriate to enable the requested operations 

Clancy and Theys Construction Company also requests exemption from such FARs as the FAA deems 

appropriate to enable the requested operations. If, during the effective dates of the exemption issued 

pursuant to this petition, the FAA issues interim or final rules for small UAS, Clancy and Theys Construction 

Company requests that it be relieved of the requirements of any conditions and limitations of the exemption 

and allowed to comply with the less burdensome applicable regulation that may have become effective. 

4. How your request would benefit the public as a whole 

The exemption will benefit the general public for the following reasons: 

The use of UAS's can significantly benefit the public by promoting safe and effective jobsite inspections and 

performance tracking while reducing the noise of current methods of using manned aircraft or manual 

inspections of high and hard to access work areas. For example the use of UAS's can reduce the risk to 

workers while inspecting, surveying, or monitoring installation of work that requires ladders, scaffolds, or 

other potentially hazardous means of elevated access. The UAS's can inspect, photograph, video, and collect 

data on inaccessible areas that otherwise would require worker inspection, in addition to providing facility 

security and emergency response reconnaissance. The UAS's can also provide high resolution aerial imagery, 

elevation measurement, mapping, and thermal imagery data. Reducing manned flight and human inspection 

of such sites through the use of UAS for site imaging will reduce risk to workers and ground personnel and 

create an improved safety operating environment. Manned aircraft are at risk of fuel spillage and fire in the 

event of an incident or accident. The UAS that Clancy and Theys Construction Company will be using carries 

no fuel, and therefore the risk of fire following an incident or accident due to fuel spillage is eliminated. 

11830 Fishing Point Drive, Suite 201 • Newport News, VA23606 • 757.873.6869 (p) • 757.873.7630 (f) 
www.dancytheys.com 

The use of UAS's will reduce environmental impact by dramatically decreasing the energy needed for aerial 

imaging and date collection over a construction jobsite. Operation of lightweight UAS's powered by 

rechargeable batteries offers improved efficiencies as compared to the operation of other aircraft and 

vehicles that consume gasoline and present a significantly louder noise signature. The reduction of fixed wing 

and rotary winged aircraft to monitor construction jobsites also reduces the risk associated with human 

involvement and potential for injury in aerial flyovers. 

5. Reasons why the exemption would not adversely affect safety, or how the exemption would provide a level 

of safety at least equal to the existing rule 

The use of UAS's will increase safety for the reasons stated in question 4 for benefit to the public as a whole 

by reducing manual inspections of high areas using ladders and other methods to inspect and review areas of 

high work, reducing the hazard of incidents or accidents from other methods of aerial monitoring by 

eliminating fire risk by the UASs not carrying fuel or flammable materials. Additionally, UAS's could reduce 

the use of fixed wing and rotary winged aircraft that are currently used to monitor sites. The UAS's Clancy 

and Theys proposes to fly in this application are less than 6 pounds in weight and carry no combustible 

materials on board, as opposed to much larger conventionally powered aircraft that are currently used to 

monitor sites and facilities. The limited weight significantly reduces the potential for harm to participating 

and nonparticipating individuals or property in the event of an incident or accident. The risk to an on-board 

pilot and crew during an incident or accident is eliminated with the use of UAS's on construction jobsites. 

Other items of safety that a UAS system, using a Standard Operating Procedure, will provide to be equal to or 

better than existing levels of safety: 

1) The UAS will be 6 pounds, with much less potential for damage in the event of an incident or accident 

over a manned aircraft. 

2) The UAS flights will be operated within line of sight by the pilot or an observer. 

3) The UAS should not be in conflict with any manned aircraft, but will yield to the manned aircraft, if 

encountered. 

4) UAS will undergo a safety preflight check by the UAS pilot prior to every flight, and be operated per 

the manufacturer's operating manual. 

5) Flights will be or are to be limited to 200 feet above the ground, if higher flights are needed, the 

operator will obtain a Certificate of Waiver or Authorization (COA) from the FAA's Air Traffic 

Organization (ATO) prior to any flight above 200 feet. 

6) Flights to be conducted only during daylight hours and when the visual meteorological conditions are 

met. 

7) Takeoff and landing zones will be defined prior to flight. 

8) The radio frequency used will comply with the rules and regulations of the Federal Communications 

Commission (FCC). 

9) Both the Phantom 2 and 3 UAS have a safety feature for returning the UAS to base in the event of a 

loss of connectivity with the remote controller or an indication of low battery. These safety features 

allows an extra margin of safety for a controlled landing even if unexpected issues arise. 

11830 Fishing Point Drive, Suite 201 • Newport News, VA 23606 • 757.873.6869 (p) • 757.873.7630 (f) 
r""~ CLANCY 

~I!!!!~!§ www.clancylheys.com 

6. A summary we can publish in the Federal Register statinga) A brief description of the exemption you seek; a. The rule from which you seek the exemption; and 

b) A brief description of the exemption you seek 

a) Exemption Request Pursuant to Section 333 of the FMRA and Part 11 of the Federal Aviation 

regulations, Clancy and Theys Construction Company seeks to be exempted from 14 C.F.R section 

61.113(a) and (b); 14 C.F.R. section 61.133(a); 14 C.F.R. section 91.119(c); 14 C.F.R. section 91.121; 14 

C.F.R. 91.151(a); 14 C.F.R. section 91.40S(a); 14 C.F.R. section 91.407(a)(1); 14 C.F.R. section 

91.409(a)(1); 14 C.F.R. section 91.147(a) and (b); 14 C.F.R. section 91.7(a). 

b) Clancy and Theys Construction Company is seeking exemption for: 

Most of the rules stipulated in the sections listed above do not apply to the small Unmanned Aircraft 

System because it does not carry any passengers, explosive or flammable materials that may cause 

concern to public safety. In addition to that, the UAS is light weight, low speed, limited range, ability to 

land very quickly, operation within visual line of sight, and has a restricted operating area. The use of the 

UAS to perform building performance and quality checks, as well as safety inspections will greatly 

decrease public safety hazard, as it eliminates the possibility of falling that may lead to severe injury or 

death by not requiring the inspector to climb using equipment to review exterior and high areas by 

ladder, hoist, or scaffold. Clancy and Theys Construction Company will put in place a strict Standard of 

Operating Procedure to be followed by the operator to ensure that the use of this small popular and 

hobbyist unmanned aircraft system will not affect public safety. With the described use of signage, 

designated take-off and landing zones, operator maintaining a line of sight, and all other safety protocols 

listed above, a safe and limited operating area can and will be established thereby creating a restricted 

sterile environment within which the UAS will operate. 

7. Any Additional information, views, or arguments available to support your request 

A Description and specifications of the UAS to be used By Clancy and Theys Construction Company can be found in 

the attached manufacturer user manual. 

11830 Fishing Point Drive, Suite 201 • Newport News, VA 23606 • 757.873.6869 (p) • 757.873.7630 (f) 
""~ CLANCY 

~I!!!!~!§ www.clancytheys.com 

8. If you want to exercise the privileges of your exemption outside the U.S., you must state the reason. 

Clancy and Theys Construction Company do not wish to exercise the privileges of this exemption request outside 

of the U.S. 

Respectfully, 

~~/ y<() Clan a'hd T _sConstruction Company 

Virginia isfb~ 

11830 Fishing Point Drive, Suite 201 

Newport News, VA 23606 

Phone: &57-873-6869 

Fax:757-873-7630 

E-Mail: billgoggins@cla ncytheys.com 

11830 Fishing Point Drive, Suite 201 • Newport News, VA23606 • 757.873.6869 (p) • 757.873.7630 (f)