1

February 10 , 201 5 U. S. Department of Transportation Docket Management Sy stem 1200 New Jersey

Ave., SE Washington, DC 20590 Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from 14 CFR 61.113 (a) & (b); 91.103(b); 91.119; 91.121; 91.151(a); 91.405 (a); 91.407(a) (1); 91.409 (a) (2); 91.417 (a) & (b). Dear Sir or Madam: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, DPR Construction , an engineering and construction compan y, hereb y applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of its Small Unmanned Aircraft Sy stems (“ sUAS ”) for aerial imaging for safety and monitoring of sec ured 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 and the attached Flight Manual , the requested exemption would permit the operation of sUAS under controlled conditions in airspace that is 1) limited 2) predetermined 3) controlled as to access and 4) would provide safety enhancements to the already best practices safet y protoc ols followed b y DPR at each one of its construction sites. Approval of this exemption would thereb y enhance safety and fulfill the Secretary

of Transportation’s (the FAA Administrator’s) responsibilities to “...establish requirements for the safe operation of such aircraft s ys tems in the national airspace sy stem.” Section 333 (c) of the Reform Act. The name and address of the applicant is: DPR Construction 1450 Veterans Boulevard, Redwood City CA 94063 PH: 650

- 474

- 1450 Email: atulk @ DPR .com Regulations from which the exemption is requested: 14 C

. F

. R

. Part 21 14 C.F.R. 45.23(b) 14 C

. F

. R

. 61.113 (a) & (b) 14 C.F.R. 91.7 (a) 14 C

. F

. R

. 91.9 (b) (2) 14 C.F.R. 91.103 14 C.F.R. 91.109 14 C.F.R. 91.119 14 C.F.R. 91.121 14 C

. F

. R

. 91.151 (a)2

14 C

. F

. R

. 91.203 (a) & (b) 14 C

. F

. R

. 91.405 (a) 14 C

. F

. R

. 407 (a) (1) 14 C

. F

. R

. 409 (a) (2) 14 C

. F

. R

. 417 (a) & (b)
**I. STATUTORY AUTHORITY FOR EXEMPTIONS**  The Federal Aviation Act expressly grants the FAA authority to issue exemptions. This statutory

authority i ncludes exempting civil aircraft, as the term is defined under §40101 of the Act, including s UAS s , 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 44702

- 44716 of this title if the Administrator finds the exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203(a) (1). Section 333(b) of the Reform Act assists the S ecretary in determining whether s UAS may

operate in the National Airspace Sy stem (NAS) without creat ing a hazard to the user, the public, or a threat to national security . I f the Secretary determines that a s UAS “may

operate safely

in the national airspace sy stem, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace sy stem.” Id

. §333(c). DPR ’s s UAS 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 onl y within the sterile area described in the Confidential Skycatch Flight Manual, attached as Exhibit 1 (hereinafter “the Manual”). Such operations will insure that the s UAS will “not create a hazard to users of the national airspace s ys tem or the public.” Reform Act Section 333 (b). Given the small size of the sUAS involved and the restricted and sterile environment within which they will operate, our application falls squarel y within the zone of safety (an equival ent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations of s UAS to commence immediately

. Also due to the small size of the s UAS and the low altitudes and restricted areas in which the s UAS 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 s afety , the grant of the requested exemptions is in the public interest. Accordingl y, DPR respectfully requests that the FAA grant the requested exemption without delay

.
**II. PUBLIC INTEREST** 3 This exemption application is expressly submitted to fulfill Con gress’ 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 s ys tems may operate safel y in the NAS before completion of the rulemaking required under Sec tion 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 s UAS on a construction site can significantly reduce the risk to workers of falls while inspecting, surveying, or monitoring site progress. s UAS 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 fatalit y and injury on construction sites 1 , and reducing falls through s UAS use for site imaging could save workers lives. Additionally , s UAS could replace the use of helicopters and small aircraft to monitor sites. The s UAS we propose to fl y 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 s UAS from helicopters presents a marked safet y increase for our workers and the public

. Lastl y, s UAS reduce the environmental impact by dramaticall y decreasing the energy used for aerial imaging and data collection over a construction site. Our s UAS use rechargeable lithium i on batteries, as opposed to foss il fuels burned in operation of small aircraft that are man y hundreds of times heavier.

**III. EQUIVALENT LEVEL OF SAFETY**  DPR 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 alrea dy safe protocols followed on construction sites and imaging and surveying operations conducted with helicopters and other conventional aircraft. DPR will be bound by

the following limitations when conducting its s UAS operations under an FAA issued exempti on: 1. The s UAS 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 20 % battery

power reserve should that occur prior to the 30 minute limit. 4. Flights will normall y be operated at an altitude of 200 feet AGL, never exceedin g 400 feet AGL

.

1 “Commonly	Used	Statistics”,	Occupational	Safety	&	Health	Administration.	Available	at: https://www.osha.gov/oshstats/commonstats.html4

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. C rew for each operation will consist of the s UAS Pilot who will keep the s UAS within his visual line of sight at all times. 7. The s UAS P ilot will be trained in flight, operations, and safety procedures as detailed in the Flight Manual

. 8. The s UAS will only

operate within a confined “Sterile Area” as defined in the Manual. Th e 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 s UAS operations prior to each day ’s production activities. It will be mandatory that all personnel who will be performing duties within the boundaries of the safety perimeter be present for this briefing. 10. All onsite personnel will consent to the UAS fl yover on site b y 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 UAS s generall y and received up

- to

- date information on the particular UAS to be operated as required by Section F of the Manual. 12. Written and/or oral permission from the relevant property holders will be obtained. 13. All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire, or other appropriate go vernmental agencies. 14. If the s UAS 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. **IV. DESCRIPTION OF SPECIFIC REGULATIONS 14 CFR 61.113 (a) & (b)**  **: Private pilot privileges and limitations: Pilot in command** Sections 61.113 (a) & (b) limit private pilots to non

- commercial operations. Because the s UAS will not carry

a pilot or passenger s, the proposed operations can achieve the equivalent level of safety of current operations by requiring the Pilot operating the aircraft to have (1) completed a s UAS flight training course of 100 hours before flying a s UAS (See Section F of the Manual for more details) and (2) a Sport Pilot certificate

. The FAA has previousl y acknowledged in prior grants of exemption under Section 333 that a commercial pilot’s certificate was not necessary to operate a sUA S , 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 Sy stem, and also ensures that the Pilot is registered with the F AA and will not pose a risk to national securit y. 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 sUA S

.5

Unlike a conventional aircraft that carries the pilot and passengers, the s UAS is remotely controlled with no living thing or cargo on board. Skycatch’s sUAS is also operated b y 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 as set forth in the Manual. The sUAS to be operated hereunder is less than 10 lbs. fully lo aded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively

within a secured area as set out in the Manual. Li ke other civil aircraft, operations under this exemption will be tightly controlled and monitored by the operator, pursuant to the Manual’s requirements, and under the requirements and in compliance with local public safety requirements, to provide security for the area of operation as is currentl y done on active construction sites

. The FAA will have advance notice of all operations. The risks associated with the operation of the s UAS are therefore diminished from the level of risk associated with commercial operations contemplated b y Part 61 when drafted, and allowing operations o f the s UAS as requested with a Pilot who has met the minimum requirements stated in Section F of the Manual achieves the level of safet y contemplated by

14 C.F.R. §61.113 (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 safet y of flight. An exemption is needed from this requirement as the Pilot will take separate preflight actions, including checking for weather conditions, che cking flight battery requirements, checking takeoff and landing distances, and all other actions in the Preflight Checklist in the Manual . These actions will provide an equivalent level of safet y. See Appendix A of the Manual.

**14 C.F. R. 91.119 : Minimum S**  **afe Altitudes** Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or alt itudes prescribed for helicopters b y the FAA. This exemption is for a multirotor craft that flies similarly to a helicopter, with vertical take off and vertical landing, which will ty picall y operate at altitudes of 200 AGL , so an exemption may be needed to allow such operations. The s UAS will never operate at altitude higher than 4 00 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. See Manual for detailed procedures

. The equivalent level of safety will be achieved given the size, weight, speed of the s UAS as well as the location where it is operated. No flight will be taken without the permission of the property owner or local officials. Becau se of the advance notice to the property6

owner and an y onsite personnel as outlined in the Manual , all affected individuals will be aware of the planned flight operations. Unlike flight operations with aircraft or rotorcraft weighing far more than the maxi mum 10 lbs. proposed herein , our sUAS will not carry flammable fuel. In addition, the low

- altitude operations of the sUAS will ensure separation between s UAS operations and the operations of conventional aircraft that must comply with Section 91.119.

**14 C.F.R. 91.121**  **: Altimeter Settings** This regulation requires each person operating an aircraft to maintain cruising altitude b y 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 Safet y 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 91.151 (a) outlines fuel requirements for beginning a flight in VFR conditions. Our s UAS is limited to operations in sterile and controlled environments as outlined in the Manual, and has a limited range and flight time which require an exemption from 14 CFR 91.151(a). The battery

powering the sUAS provides approximately 35 minutes of powered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, sUAS flights would be limited to approximately 5 minutes in length. Given the limitations on the s UAS ’s proposed flight area and the location of its proposed operations within a predeter mined area, a longer time frame for flight in daylight or night VFR conditions is reasonable. DPR believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to ope rate without compliance with FAR 91.151 (a)). Operating the small s UAS , in a tightly controlled area where only people and property owners or official representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not engender the ty

pe of risks that Section 91.151(a) was intended to alleviate given the size and speed of the small UAS . Additionally , limiting sUAS flights to 10 minutes would greatl y reduce the utility for which the exemption will be granted. An equiva lent level of safety can be achieved by

limi ting flights to 30 minutes , or enough battery reserve to ensure that the sUAS lands at the ground station with at least 20 % of battery power (as determined by the onboard monitoring s ys tem and the Pilot), whichev er happens first. This restriction would be more than adequate to return the sUAS to its planned landing zone from any where in its limited operating area. Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, an d 10808.7

**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 section s and Part 43 appl y only to aircraft with an airworthiness certificate, these sections will not apply to DPR . Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook as referenced in the Manual. An equivalent le vel of safety will be achieved because these small s UAS 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 s UAS can land immediately and will be operating from no higher than 400 feet AGL. As provided in the Manual, the Pilot will ensure that the s UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any m aintenance performed. Moreover, the Pilot is the person m ost familiar with the aircraft and best suited to maintain the aircraft in an airworth y condition to provide the equivalent level of safety.

******* Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, s hould it be determined that publication is needed: Applicant seeks an exemption from the following rules: 14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b);14 C.F.R. §§ 61.113( a) & (b);91.7 (a); 91.9 (b) (2);91.103(b);91.109; 91.119; 91.121; 91.151(a);91.203(a) and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to operate commerciall y a small unmanned vehicle (55lbs or less) in construction operations. Approval of exemptions allowing commercial operations of sUAS in the cons truction 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 lb s. and powered b y 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 s UAS , 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 f rom the requirements of Part 21 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 hel icopters operating in close proximity

to the ground and people.8

**Privacy** All flights will occur over private or controlled access property with the property owner’s prior consent and knowledge. Im ages 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 2012

-- size, weight, speed, operating capabiliti es, 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 s UAS in construction indu stry pursuant to the Manual appended hereto.

Sincerel y,

Atul Khanzode Director of Construction Technologies DPR Construction, A General Partnership

Gabriel Dobbs Skycatch, Inc.