Alfred Benesch & Company

7979 E. Tufts Ave., Suite 800

Denver, CO 80237-2843

www.benesch.com

P 303-771-6868

F 303-741-6745

January 28, 2016

U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Room W12-140

1200 New Jersey Avenue, SE

Washington, D.C. 20590

Submitted electronically using the Federal Docket Management System

RE: Request for Exemption under Section 333 of the FAA Reform Act 

Dear Madam/Sir:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, Alfred 

Benesch & Company (Benesch) is applying for an exemption from the Federal Aviation Regulations 

detailed further for a small Unmanned Aerial Vehicle (UAV) further described in this letter. The 

anticipated operations for the use of this UAV includes aerial surveying, aerial mapping, bridge 

inspection, vertical structure inspection, tower and high mast pole inspection, construction aerial 

inspection, educational and research projects, environmental wetland and mitigation monitoring, 

locating possible abandoned hazardous material to reduce exposure from close inspection, identify

sheens on lakes and other bodies of water that may indicated petroleum or other contamination, aerial 

imagery to compare to historic aerial imagery for Phase 1 ESAs, identifying discolored soil or distressed 

vegetation indicating possible surface contamination, aerial identification of materials outside properties, 

aerial imagery of ground inaccessible portions of buildings and properties for documentation, remote 

sensing, civil engineering, aerial imagery and documentation for various projects within public and 

private properties within the United States. As a full-service engineering company, Benesch proposes to 

operate the UAV as an added benefit for engineering and environmental projects. 

These operations will be subject to strict operating requirements defined in the UAV User Manual and 

those requirements that ensure a high level of safety to currently authorized operations using manned 

aircraft. There are several benefits of safety and economy to using a UAV for engineering services such 

as reducing the need to operate manned aircraft and reducing impact to the environment by not using 

ground equipment. The UAV has many automated control features and redundant systems and will be 

operated under controlled conditions and at low altitudes in airspace that is limited in scope and area.

The name of the Applicant is:

Alfred Benesch & Company

Attn: Mark Hamouz

7979 East Tufts Avenue, Suite 800

Denver, Colorado 80237-2843

Phone: (303) 620-0098

Email: mhamouz@benesch.com
U.S. Department of Transportation, Docket Operations

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The following is a description of the UAV to be operated under this requested exemption:

Physical Characteristics:

 UAV description: DJI model Phantom III Professional Quadcopter

 Dimensions: Diagonal size of 689 mm(2.2 ft)

 Weight: 1280g(2.8 lb) with battery and camera

 Maximum Flight Time: 23 minutes per battery

 Maximum Ascent Rate: 6 m/s

 Maximum Decent Rate: 2 m/s

 Maximum Air Speed: 16 m/s(50 mph)

 Launch Type: VTOL

 Maximum Altitude: 6000 ft

 Positioning Module: GPS + GLONASS Dual Positioning Module

 Camera: 12 Megapixel photo resolution and MP4 or MOV Video format

 Camera Stabilization: Built-in 3-axle gimbal

 Controller: Customizable with buttons for camera and gimbal control

 Special Functions: Auto-takeoff, Auto-landing and auto return to home

 Battery: rechargeable with sensors for full battery and cell diagnostics

Functional Characteristics:

 The Phantom III is nearly maintenance-free as it has very few moving parts. Maintenance will 

be performed by the manufacturer if any damage is found by the pre-flight and post-flight 

inspections of the UAV and camera system which include but is not limited to:

o Visual inspection of the airframe, side arms and landing gear.

o Visual inspection of the rotors and motors.

o Visual inspection of the camera and camera connections to the UAV.

o Check of the battery status of the UAV.

o Visual inspection of the ground controller.

 Flight Modes-Positioning, Altitude and Function Modes available.

o Positioning Mode is the default mode that uses the onboard GPS and the Vision 

Positioning System for flight and stabilization to locations as directed through the Ground 

Controller.

o Altitude Mode does not use the GPS or the Vision Positioning System but uses the 

barometer for flight and stabilization.

o Function Mode activates the Intelligent Orientation Control for automatic flight and 

stabilization. The Function Modes are only available if sufficient GPS signal is available 

and are:

 Waypoints is where a flight path is recorded and then the UAV flies the same path 

while various camera shots and videos can be recorded.

 Point of Interest is where the UAV will revolve around a designated object in a 

perfect circle so that camera shots and video can be recorded.

 Follow Me is where the UAV is set to follow the Ground Controller wherever that 

person goes on location.
U.S. Department of Transportation, Docket Operations

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 Home Lock is where the flight controls are set to be relative to the Ground 

Controller at all times.

 Course Lock is where the UAV will fly along a set path which sets all flight 

controls to directions relative to its current heading.

 Takeoffs and Landings:

o The UAV will be flown only when it is visually in sight.

o The UAV will be set on a flat and open surface.

o The Home Point will be set at that ground location.

o The UAV can take off either manually or automatically to initially hover to about 1 meter 

high before flight.

o For landing, the UAV can be landed manually by hovering over the Home Point then 

gently lowered to the ground by reducing the throttle. The Auto-Land button can also be 

pressed and it will automatically land at the Home Point.

o The UAV is programmed to return to the Home Point in case of a failure of one or more 

of its systems or if connection to the Ground Controller is lost.

Operating Parameters:

Benesch proposes to operate the Phantom 3 Professional with the following requirements:

 All UAV flights will be conducted with a pilot/operator and ground observer and will always 

be flown in a direct visual line of sight by both pilot/operator and observer.

 The UAV will operate at speeds of nor more than 50 mph and can hover and can move 

simultaneously vertically and horizontally safely.

 The UAV will not be flown at more than 400 feet above the ground.

 All UAV flights will be limited to daylight hours only.

 All UAV flights will not interfere with any other aircraft operations, will yield the right of 

way to other aircraft and will avoid all other obstacles at all times.

 All UAV flights will be of a duration of 23 minutes or less.

 All UAV flights will be conducted over private or public property with the permission from 

the property owner or representative.

 No UAV flights will be operated less than 5 miles from all airports.

 Prior to all flights, the UAV will be inspected to determine that the UAV is in a condition for 

safe flight.

 All UAV flights will be operated in compliance with the manufacturer’s manuals and all 

safety bulletins.

Benesch requests exemption from the following rules as well as any additional rules that may

technically apply to the operation of the UAV and its system:

 14CFR Part 21

 14 CFR 45.23

 14 CFR 45.29

 14 CFR 101, (e)(4) and (5)

 14 CFR 61.56

 14 CFR 61.113, (a) & (b)

 14 CFR 61.133
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 14 CFR 61.23, (a) & (c)

 14 CFR 315, (a)

 14 CFR 91.7, (a)

 14 CFR 91.9, (b)(2)

 14 CFR 91.103, (b)

 14 CFR 91.109, (a)

 14 CFR 91.119

 14 CFR 91.121

 14 CFR 91.151, (a)

 14 CFR 91.203, (a) & (b)

 14 CFR 91.405, (a) & (b)

 14 CFR 91.407, (a)(1)

 14 CFR 91.409, (a) (1) & (2)

 14 CFR 91.417, (a) & (b)

These exemptions will enhance public safety by reducing risk to the general public and property owners 

from substantial hazard associated with performing equivalent work with conventional aircraft, 

rotorcraft or other similar methods. Additionally, Benesch’s intended UAV uses have safety benefits 

that include reducing the danger and emissions associated with manned aircraft as it has no fuel to ignite 

or explode and its small and lightweight unit minimized ecological and safety impacts. 

Conclusion

Alfred Benesch & Company seeks this exemption that allowing commercial use of this UAV will 

provide a significantly lower risk to the public and property as compared to manned aircraft. The light 

weight of 2.8 lbs. and small size will greatly reduce risks to the public and will not pose a threat to 

national security. Use of this UAV to augment our current engineering and environmental services will 

allow us to transform and technologically upgrade some of our operations from traditional ground based 

operations to aerial operations. Use of an UAV will also allow for increased collection of data in a 

shorter amount of time and more economically than using manned aircraft. This will allow us to 

improve the quality of our services and decrease costs to perform work for the benefit of our clients and 

consumers. 

Benesch is aware that other engineering and environmental companies have already been granted an 

exemption to use their UAVs for commercial purposes, as shown in FAA exemption No. 11266, Docket 

No. FAA-2104-0733; FAA exemption No.11299, Docket No. FAA-2014-1008; FAA exemption No. 

11833, Docket No. FAA-2015-1121; FAA exemption No. 11835, Docket No. FAA-2015-1161; FAA 

exemption No. 12371, Docket No. FAA-2015-1971; and FAA exemption No. 13920, Docket No. FAA2015-4432.

With the Phantom 3 Professional’s efficient design and operation, it will be deployed and operated 

effectively so the data it collects will increase our technological operations and advance our engineering 

and environmental services beyond what we can perform today. Use of the UAV will also greatly 

increase safety for the public and our personnel as compared to using conventional aircraft and other 

access equipment for the same operations.
U.S. Department of Transportation, Docket Operations

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Sincerely,

Mark Hamouz

Vice President