# r-~**CLANCY**

# ~I**!!!!~!§** November 

### 9, 2015

U. S. Department ofTransportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590 www.clancytheys.com

RE: Petition for exemption according to section 333 ofthe FAA Modernization and reform Act of2012 (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 forthe operation ofa small unmanned aircraft system (UAS) forthe purpose of reviewing construction performance, safety, and quality control inspections in afaster and safer manner than manual inspections for some areas and levels ofthe scheduled workfor construction. The operation underthe 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 threatto the general public, orany 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 14CFR from which you seek exemption: Exemption Request Pursuant to Section 333 ofthe FMRA and Part 11 ofthe 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 14C.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, VA23606 •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 14C.F.R. section 91.7(a): Civil aircraft airworthiness

3. The extent of reliefyou 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 14C.F.R. section 61.133(a): Commercial pilot privileges and limitations Clancy and Theys Construction Company is seeking reliefand exemption from the above listed Federal Aviation Regulations and other applicable rules to allow the use ofa Small Unmanned Aircraft System to conduct building performance review and safety inspections up to 200' from the surface ofthe 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 widelyflown 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 aircraftweighing 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 ofthe UAS by pilot holding a private pilot's certificate or commercial pilotcertificate. The risks associated with the operation ofthese small UAS are lowerthan the level of risks associated with commercial operations contemplated by Part 61; allowing the operation ofthe UAS as requested therefore exceeds the level ofsafety achieved by 14 C.F.R. section 61.113(a) and (b). b) 14C.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 ofthe UAS such as small size, lightweight, low operating altitude, shortflight time, and the stringent operating restrictions and conditions proposed in this petition, an equivalent level ofsafety 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 thatthe 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 ofcivil aircraft. Section 91.119 provides, in pertinent part, that: "exceptwhen necessary fortakeoffor landing, no person may operate an aircraft below the following altitudes:

... (b) Over congested areas. Over any congested area ofa city, town, or settlement, or over any open air assembly of persons, an altitude of 1,000feet above the highest obstacle within a horizontal radius of2,000 feet ofthe aircraft. (c) Over otherthan 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 feetto any person, vessel, vehicle, or structure." Clancy and Theys Construction Company requests to be exempted from this section since the said UAS will notoperate on altitudes higherthan 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 orflammable 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. Relieffrom this rule is warranted because the operations will be conducted with the safeguards and underthe 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 orflight level ofthat aircraft, as the case may 

### be, by reference to an altimeterthat is 

### set, when operating. (b) The lowest usable flight level is determined by the atmospheric pressure in the area ofoperation as shown... Due tothe nature ofthe use ofthe small UAS to perform building performance and safety inspections, the UAS will notfly above the altitude of200 feet. Clancy and Theys Construction Company respectfully submits to be exempted from this section. 

### e) 14C.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 ofthe UAS DJI Phantom 2 or 3 and also the characteristics of the UAS being lightweight, low speed, limited range, the abilityto land very quickly, operation within visual line ofsight, restricted operating

### area, and the fact thatthey 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 ofthe 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, VA23606 •757.873.6869 (p) • 757.873.7630 (f)

# ""~ **CLANCY**



# ~I **!!!!~!§** www.dancytheys.com



### f) 14C.F.R section 91.405(a): Maintenance required 14C.F.R. section 91.407(a)(1): Operation after maintenance, preventive maintenance, rebuilding, oralteration 14C.F.R. sections 91.409(a)(1) and (2): Inspections 14C.F.R. sections 91.417(a) and (b): Maintenance records
Because these sections and Part 43 apply onlyto aircraft with airworthiness certificates, these sections will notapply to Clancy and Theys Construction Company. Maintenance will be accomplished by the operator pursuanttothe manufacturer's manual and the Standard Operating Procedure. An equivalent level ofsafety will be achieved because the UAS are very small in size and weight, will carry atiny payload, and operate only in restricted areas for short periods oftime. If mechanical issues arise, the UAS can land immediately and will be operatingfrom no higherthan 200 feet above the ground level. As provided in the Manufacturer's Standard Operating Procedure, the operatorwill ensure thatthe UAS is in working order priorto initiating flight, perform required maintenance, and keep a log ofany maintenance performed. Moreover, the operator is the person mostfamiliar with the aircraft and best suited to maintain the aircraft in airworthy condition to provide an equivalent level ofsafety. g) Such other reliefas the FAA deems appropriateto enablethe 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 ofthe exemption issued pursuanttothis petition, the FAA issues interim orfinal rules for small UAS, Clancy and Theys Construction Company requests that it be relieved ofthe requirements ofany conditions and limitations ofthe exemption and allowed to comply with the less burdensome applicable regulation that may have become effective.
4. Howyour request would benefitthe public as awhole The exemption will benefitthe general public forthe following reasons: The use of UAS's can significantly benefitthe public by promoting safe and effectivejobsite inspections and performance tracking while reducing the noise ofcurrent methods of using manned aircraft or manual inspections ofhigh 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 ofworkthat requires ladders, scaffolds, or other potentially hazardous means ofelevated access. The UAS's can inspect, photograph, video, and collect data on inaccessible areas thatotherwise 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 ofsuch 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 offuel spillage and fire in the event ofan incident or accident. The UAS that Clancy and Theys Construction Company will be using carries no fuel, and therefore the risk offire following an incidentoraccident 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 constructionjobsite. Operation of lightweight UAS's powered by rechargeable batteries offers improved efficiencies as compared to the operation ofother aircraft and vehicles that consume gasoline and present asignificantly louder noise signature. The reduction offixed wing and rotary winged aircraftto monitor constructionjobsites also reduces the risk associated with human involvement and potential for injury in aerial flyovers

. 5. Reasons whythe exemption would not adversely affect safety, or howthe exemption would provide a level ofsafety at least equal to the existing rule 

### The use of UAS's will increase safety for the reasons stated in question 4 for benefitto the public as awhole by reducing manual inspections ofhigh areas using ladders and other methods to inspect and review areas of high work, reducing the hazard of incidents or accidents from other methods ofaerial monitoring by eliminatingfire risk by the UASs notcarrying fuel orflammable materials. Additionally, UAS's could reduce the use offixed wing and rotary winged aircraftthat are currently used to monitorsites. 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 aircraftthat are currently used to monitorsites and facilities. The limited weight significantly reduces the potential for harm to participating and nonparticipating individuals or property in the event ofan 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 ofsafety that a UAS system, using aStandard Operating Procedure, will provide to be equal to or betterthan existing levels ofsafety: 1) The UAS will be 6 pounds, with much less potential for damage in the event ofan incident or accident over a manned aircraft

. 2) The UAS flights will be operated within line ofsight by the pilot or an observer. 3) The UAS should not be in conflict with any manned aircraft, butwill yield tothe manned aircraft, if encountered. 4) UAS will undergo a safety preflight check by the UAS pilot priorto 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, ifhigherflights are needed, the operatorwill obtain aCertificate ofWaiver orAuthorization (COA) from the FAA's AirTraffic Organization (ATO) priorto any flight above 200 feet. 6) Flights to be conducted only during daylight hours and when the visual meteorological conditions are met. 7) Takeoffand landing zones will be defined priorto flight. 8) The radio frequency used will comply with the rules and regulations ofthe 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 ofa loss ofconnectivity with the remote controller oran indication of low battery. These safety features allows an extra margin ofsafety for a controlled landing even ifunexpected issues arise

.

11830 Fishing Point Drive,Suite201 • Newport News,VA23606 •757

.873.6869 (p) • 757.873

.7630 (f)

# r""~**CLANCY**

# ~I**!!!!~!§** www.clancylheys.com

6. A summarywe can publish inthe Federal Register statinga) A briefdescription ofthe exemptionyou seek; a. The rule from which you seek the exemption; and b) A briefdescription ofthe exemptionyou seek a) Exemption Request Pursuant to Section 333 ofthe FMRA and Part 11 ofthe 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 ofthe rules stipulated in the sections listed above do not apply to the small Unmanned Aircraft System because itdoes not carry any passengers, explosive orflammable materials that may cause concern to public safety. In addition to that, the UAS is light weight, lowspeed, limited range, abilityto land very quickly, operation within visual line ofsight, and has a restricted operating area. The use ofthe UAS to perform building performance and quality checks, as well as safety inspections will greatly decrease public safety hazard, as iteliminates the possibility offalling that may lead to severe injuryor death by not requiring the inspectorto climb using equipmentto review exterior and high areas by ladder, hoist, or scaffold. Clancy and Theys Construction Company will put in place astrict Standard of Operating Procedure to be followed by the operatorto ensure thatthe use ofthis small popular and hobbyist unmanned aircraft system will not affect public safety. With the described use ofsignage, designated take-offand landing zones, operator maintaining a line ofsight, and all other safety protocols listed above, asafe and limited operating area can and will be established thereby creating a restricted sterile environment within which the UAS will operate.
7. AnyAdditional information,views, orarguments availableto supportyour request

A Description and specifications ofthe 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, VA23606 •757.873.6869 (p) • 757.873.7630 (f)

# ""~**CLANCY**

# ~I**!!!!~!§** www.clancytheys.com

8. Ifyou wantto exercise the privileges ofyour exemption outside the U.S., you must state the reason.

Clancy and Theys Construction Company do notwish to exercise the privileges ofthis exemption request outside ofthe U.S.
Respectfully,

# ~~**y<()** / Clan a'hdT

_ 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@clancytheys.com

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