February 20, 2015

U. S. Department of Transportation  

Docket Management System  

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 C.F.R. 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, Holder Construction Group, LLC ("Holder") hereby applies for an exemption from the

Federal Aviation Regulations ("FARs") listed in Section I below to allow commercial operation of its Small

Unmanned Aircraft Systems ("sUASs") for aerial imaging and safety and monitoring of Construction

Jobsites 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 of the Reform Act. As detailed in this

document and the attached Addendum, 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 enhance quality, reduce environmental impacts, and provide safety enhancements to the

already best practices safety protocols followed by Holder at each of its Construction Jobsites. 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:  

Holder Construction Group, LLC (Including Interest In Joint Ventures)

William R. Turpin

PH: 770‐988‐3248

Email: bturpin@holder.com  

Address: 3333 Riverwood Parkway, Suite 400, Atlanta, GA 30339  

I. REGULATIONS FROM WHICH THE EXEMPTION IS REQUESTED  

 14 C.F.R. 61.113 (a) & (b)  

 14 C.F.R. 91.103  

 14 C.F.R. 91.119  

 14 C.F.R. 91.121  

 14 C.F.R. 91.151 (a)  

 14 C.F.R. 91.405 (a)  

 14 C.F.R. 91.407 (a) (1)  

 14 C.F.R. 91.409 (a) (2)  

 14 C.F.R. 91.417 (a) & (b)  

II. STATUATORY 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 §40101 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 44702‐44716 of this Title if the Administrator finds

the exemption in the public interest.3 Section 333(b) of the Reform Act assists the Secretary in

determining whether sUASs may operate in the National Airspace System ("NAS") without creating a

hazard to the user, the public, or a threat to national security. In making this determination, the

Secretary must consider:  

 The sUAS's size, weight, speed, and operational capability  

 Whether the sUAS operates within the visual line of sight of the operator

 Whether the sUAS operates outside of highly populated areas and away from close

proximity to airports

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.  

Holder's proposed sUASs are multi‐rotor vehicles, weighing 15 or fewer lbs. including payload.

They will operate under normal conditions at a speed of no more than 50 mph and have the capability

to hover, and move in the vertical and horizontal plane simultaneously. They will operate only in line of
sight and will operate only within the sterile area described in the attached Exemption Request

Addendum (hereinafter "the Addendum"). Such operations will ensure that the sUASs will "not create a

hazard to users of the national airspace system or the public.  

Given the small size of the sUASs involved and the area within which they will operate, Holder's

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 sUASs to commence. Also

due to the small size of the sUASs and the low altitudes and limited areas in which Holder's sUASs 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 and reduced environment

impacts, the grant of the requested exemptions is in the public interest. Accordingly, Holder respectfully

requests that the FAA grant the requested exemption without delay so an sUAS can be leveraged on

several projects that are already in construction.

III. 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 sUASs to operate with significant safety precautions in low risk

environments.  

The use of sUASs can significantly promote safe and effective Construction Jobsite inspection

and tracking. For example, the use of sUASs 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. sUASs 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. sUASs can also provide high resolution aerial imagery, elevation

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

such sites through sUAS use 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 sUAS Holder will be using carries no fuel, and therefore the risk

of fire following an incident or accident due to fuel spillage is eliminated.

Additionally, sUASs could reduce the use of fixed‐wing aircraft to monitor sites. The sUASs

Holder proposes to fly in this application weigh less than ten pounds, and carry no combustible material

on board, as opposed to much larger conventionally powered aircraft that Holder currently uses to

monitor its 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 onboard

pilot and crew during an incident or accident is eliminated with the use of a sUAS on Construction

Jobsites. Reducing the use of manned aircraft, or supplementing such flights through sUAS operations,

presents the potential for a safety increase for Holder's workers and the public. Lastly, sUASs reduce the

environmental impact by dramatically decreasing the energy used for aerial imaging and data collection
over a Construction Jobsite. Operation of lightweight sUASs powered by rechargeable lithium ion

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 aircraft

to monitor Construction Jobsites also reduces the risk associated with human involvement and potential

injury in aerial flyovers.

IV. EQUIVALENT LEVEL OF SAFETY

Holder proposes that the exemption requested herein apply to civil aircraft 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 at our Construction Jobsites and imaging and surveying operations conducted with other

conventional aircraft. Holder will be bound by the following limitations when conducting its sUAS

operations under this FAA issued exemption:

1. The sUAS will weigh less than 15 pounds.  

2. Flights will be operated within visual line of sight of a pilot and/or observer.

3. The sUAS will operate during daylight‐only times (official sunrise to official sunset, local

time.

4. The sUAS will yield right‐of‐way to other aircraft at all times.

5. The sUAS will be registered with the FAA and will include appropriate markings and labels

on the body of the sUAS.

6. 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.  

7. Flights will be operated at an altitude of no more than 400 feet AGL.  

8. Minimum crew for each operation will consist of the trained sUAS Pilot who will keep the

sUAS within his visual line of sight (VLOS) at all times and one visual observer (VO). The VO

and PIC will be able to communicate verbally at all times.

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

The Addendum.

10. sUAS Pilot will be Pilot in Command (PIC).

11. The sUAS will only operate within a confined "Sterile Area" as defined in The Addendum to

limit the ability of the sUAS to leave the Construction Jobsite.  

12. Notification of flight operations to personnel at the facility will be made through posted

signs and onsite Job Safety meetings.  

13. Notification of flight operations to the operator of Holder's manned aerial patrol flights prior

to flight commencement.  

14. The sUAS will not be operated at a distance from clouds less than 500' below or 2000'

horizontal, or when visibility is less than 3 statute miles.  

15. Holder will notify the FAA’s Air Traffic Organization (ATO) or local regulating authority of

proposed flight plans. If necessary, the operator will obtain a Certificate of Waiver or

Authorization (COA) from the FAA's Air Traffic Organization (ATO) prior to conducting any

operations.
16. Holder will follow the manufacturer’s UAS aircraft/component, maintenance, overhaul,

replacement, inspection, and life limit requirements.

17. Pilot will have been trained in operation of the sUAS and receive up‐to‐date information on

the particular sUAS to be operated should updates become available.  

18. Operations will be limited to Holder Construction Jobsites (Including Joint Venture Projects)

at which third party access is controlled. A ‘Sterile Area’ will be provided as described in the

Addendum.  

19. Operations will be limited to Holder Construction Jobsites (Including Joint Venture Projects)

at which full Owner approval and authorization to leverage the sUAS has been granted.

20. If the sUAS loses communications or loses its GPS signal, it will have the capability to

automatically and safely return to a prec‐coordinated, pre‐determined location within the

Security Perimeter and land with a predictable, automated flight maneuver.  

21. The sUAS will have the capability to abort a flight in case of unpredicted obstacles or

emergencies. The sUAS can host an on‐board parachute that will be deployed in the event

of motor loss or emergency.  

22. The radio frequency spectrum used for operation and control of the UAS will comply with

the rules and regulations of the Federal Communications Commission (FCC).

V. DESCRIPTION OF SPECIFIC REGULATIONS

A. 14 C.F.R. §61.113 (a) & (b): Private pilot privileges and limitations: Pilot in command  

Sections 61.113 (a) & (b) limit private pilots to non‐commercial operations. Holder proposes that

its sUAS PIC will have completed a minimum 2‐Day Training Program and at least 25‐Hours of

flight time in a safe and controlled environment prior to operating the sUAS on a Construction

Jobsite as outlined in The Addendum. The airmanship skills necessary to operate the sUAS do

not correlate significantly to the airmanship skills necessary for piloting manned aircraft and,

thus, exemption from the need for the PIC to hold a commercial pilot certificate is also

requested. Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is

remotely controlled with no living thing on board. The areas of operation will be restricted to

Holder Construction Jobsites (Including Joint Venture Projects) at which third party access is

controlled, and all flights are planned and coordinated in advance as set forth in The Addendum.

The level of safety provided by the requirements included in The Addendum exceeds that

provided by a single individual holding a commercial pilot's certificate operating a conventional

aircraft. The risks associated with the operation of the sUAS are so diminished from the level of

risk associated with commercial operations contemplated by Part 61 when drafted, that

allowing operations of the sUAS as requested with a private pilot as the PIC exceeds the present

level of safety achieved by 14 C.F.R. §61.113 (a) & (b). In addition, the PIC will undergo all

necessary security screenings by the Department of Homeland Security that certificated airmen

undergo.

B. 14 C.F.R. §91.103: Preflight action

  
This regulation requires each pilot in command take certain actions before flight to insure the

safety of flight. An exemption is needed from this requirement as the PIC will take separate

preflight actions, including checking for weather conditions, checking flight battery

requirements, checking takeoff and landing distances, etc. They are outlined in The Addendum.

These actions will provide an equivalent level of safety.

C. 14 C.F.R. §91.119: Minimum safe 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 altitudes prescribed for helicopters by the FAA. This

exemption is for a multi‐rotor craft that flies similarly to a helicopter, with vertical take‐off and

vertical landing, which will operate at altitudes up to 400' AGL, so an exemption may be needed

to allow such operations. As described in the Manual, the sUAS will never operate at altitude

higher than 400' AGL and will be limited to the area with the security perimeter, where buildings

and people will not be exposed to operations without their notification as described herein. 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. Flights will be over Holder properties at which third party

access is controlled and Owner authorization is approved. Because of the advance notice to

onsite personnel as outlined in The Addendum, all affected individuals will be aware of the

planned flight operations. Compared to flight operations with aircraft or rotorcraft weighing far

more than the maximum 15 lbs. proposed herein and flammable fuel, any risk associated with

Holder's operations is far less than those presently presented with conventional aircraft. In

addition, the low‐altitude operations of the sUAS will ensure separation between these sUAS

operations and the operations of conventional aircraft that must comply with Section 91.119.

Notification of flight operations will be provided to the operator of Holder's manned aerial

patrol flights, which have a low altitude waiver allowing for flight below 500' AGL.

D. 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 Addendum and

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

before flight.  

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

Section 91.151 (a) outlines fuel requirements for beginning a flight in VFR conditions. Holder's

sUAS is limited to operations in sterile and controlled environments as outlined in The

Addendum, and has a limited range and flight time which require an exemption from 14 C.F.R.

91.151(a).  
The battery powering the sUAS provides approximately 35 minutes of powered flight. To meet

the 30 minute reserve requirement in 14 C.F.R. §91.151, 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.  

Holder believes that an exemption from 14 C.F.R. §91.151(a) falls within the scope of prior

exemptions. Operating the sUAS, in a controlled area with less than 30 minutes of reserve fuel,

does not engender the type of risks that Section 91.151(a) was intended to alleviate given the

size and speed of the sUAS. Additionally, limiting sUAS flights to 5 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 ensure that the sUAS lands at the ground station with at least 20% of battery power

(as determined by the onboard monitoring system and PIC), whichever happens first. Because of

the limited operating area under which sUAS flights will be conducted, this restriction will be

more than adequate to ensure return of the sUAS to its planned landing zone.  

Similar exemptions have been granted to other operations, including Exemptions  

2689F, 5745, 10673, and 10808.  

F. 14 C.F.R. §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 and Part 43 apply only to aircraft with an Airworthiness  

Certificate, these sections will not apply to Holder. Maintenance will be accomplished  

by the operator pursuant to the flight manual and operating handbook as referenced in The

Addendum. An equivalent level of safety will be achieved because these sUASs are very limited

in size and will carry a small payload and operate only in authorized areas for limited periods of

time. If mechanical issues arise the sUAS can land immediately and will be operating from no

higher than 400 feet AGL. As provided in The Addendum, the operator 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 operator 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 14 C.F.R. Part 11, 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: 14 C.F.R. §§ 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); 91.409  

; (a) (2) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle (15 lbs. or less)

for aerial imaging and monitoring of Construction Jobsites.  

Approval of exemptions allowing commercial operations of sUASs to monitor, inspect and

improve quality on Construction Jobsites will enhance safety by reducing risk. Conventional

aerial monitoring by aircraft impacts the environment. In contrast, a sUAS weighing fewer than

15 lbs. and powered by batteries eliminates virtually all of that risk and environmental impact

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. Although Holder does not foresee completely replacing its manned flight

operations with sUASs at this time, Holder hopes, that overtime, sUASs may reduce or

supplement such manned programs.  

The operation of sUASs, weighing less than 15 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 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 safer than conventional operations

conducted with fixed‐wing aircraft operating in close proximity to the ground and people.  

Privacy  

All flights will occur over Holder Construction Jobsites (Including Joint Venture Projects) at which

third party access is controlled, Owner notification and approval is granted, and signs will be

posted notifying onsite personnel of the sUAS flyover.  

********

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012—size, weight,

speed, operating capabilities, proximity to airports and populated areas 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 sUASs on

Construction Jobsites pursuant to The Addendum appended hereto.  

Sincerely,

William R. Turpin

Holder Construction Group, LLC