7-6-2015
U. S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590 Subject: REQUEST FOR ISSUANCE OF EXEMPTION UNDER TITLE 14 CFR, SECTION 333 Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 C.F.R Part 11, Lydig Construction would like to apply for an exemption from the Federal Aviation Regulations stated below in item (b), allowing commercial operation of our small unmanned aircraft systems (sUAS) on our commercial construction project site locations using a DJI Phantom 2, or equivalent sUAS, for the following activities:

• Aerial Photography: sUAS provide high resolution aerial imagery, elevation measurement and mapping.

Reducing manned flight and human inspection of such sites through sUAS use for site imaging will reduce risk to workers and ground personnel.

• Safety and Quality Control Inspections/Visual Documentation: sUAS inspect, photograph, video and

collect data on inaccessible areas that otherwise would require worker inspection. sUAS can also 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.

• Site Layout Coordination: sUAS provide aerial photography which can be used for the development of

plans in regards to material handling, allowing construction crews to minimize cost and time. (a) Your name and mailing address and, if you wish, other contact information such as a fax number, telephone number, or e-mail address; Lydig Construction, Inc. Attn: Brian Burton 11001 E. Montgomery Dr Spokane Valley, Washington 99206 ph. 509-534-0451 f. 509-535-6622 e: bburton@lydig.com (b) The specific section or sections of 14 CFR from which you seek an exemption; 1. 14 CFR Part 21, Subpart H: Airworthiness Certificates 2. 14 CFR 91.203(a) & (b) Civil aircraft: Certifications required 3. 14 CFR 45.23 Display of Marks; General and 45.29 Size of Marks 4. 14 CFR 91.9 Civil Aircraft Flight Manual, Marking, and Placard Requirements 5. 14 CFR 91.119 Minimum Safe Altitudes 6. 14 CFR 91.121 Altimeter Settings 7. 14 CFR Subpart E (91.401 - 91.417) - Maintenance, Preventive Maintenance, and Alterations 8. FAA Notice 8900.227 Paragraph 16(c) (4) PIC Medical and Paragraph 16(e)(1) Observer Medical(c) The extent of relief you seek, and the reason you seek the relief; Lydig Construction seeks relief from the sections detailed below to engage in commercial operations of a sUAS on construction sites with the permission of our clients. 1. 14 CFR Part 21, Subpart H: Airworthiness Certificates Considering the size weight and speed of the DJI Phantom 2 Lydig Construction will be operating, we believe the requirements are not necessary.
2. 14 CFR 91.203(a) & (b) Civil aircraft: Certifications required: This regulation states that an airworthiness certificate with the registration number assigned to the aircraft must be aboard the aircraft. Due to the size of the sUAS an exemption may be necessary
3. 14 CFR 45.23 Display of Marks; General and 45.29 Size of Marks Considering the size of the sUAS we believe the requirements are not necessary.
4. 14 CFR 91.9 Civil Aircraft Flight Manual, Marking, and Placard Requirements This regulation provides that no person may operate an aircraft unless a current, approved flight manual is in the aircraft. We assume that the intent of this requirement is to ensure that flight manual information is available to the aircrew while operating the aircraft. An exemption may be necessary. 5. 14 CFR 91.119 Minimum Safe Altitudes The sUAS will never operate at altitude higher than 400’ above ground level and will be limited to the area with the security perimeter, where buildings and people will not be exposed to operations.
6. 14 CFR 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.” The sUAS uses a GPS altitude read out, an exemption may be needed.
7. 14 CFR Subpart E (91.401 - 91.417) - Maintenance, Preventive Maintenance, and Alterations 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 would not apply.
8. FAA Notice 8900.227 Paragraph 16(c) (4) PIC Medical and Paragraph 16(e)(1) Observer Medical Requiring the operator to meet the same medical requirements as a commercial pilot is unecessary. All operators will be licensed driver and an observer will accompany the operator at all times. The sUAS is outfitted with a Auto Return to Home & Landing feature which can be used in a medical emergency. An exemption may be necessary. (d) The reasons why granting your request would be in the public interest; that is, how it would benefit the public as a whole; Lydig Construction is a general contractor working throughout the Northwest on commercial construction projects with values reaching $250,000,000. Our work includes technical and complicated work constructing large hospitals, education facilities, detention buildings and government facilities. As a general contractor, we have found a variety of useful applications and benefits of sUAS identified in our opening paragraph, which will reduce risks to our employees and most importantly costs associated with construction for public clients and government entities.11001 E Montgomery Dr Spokane WA 99206 509.534.0451 | www.lydig.com (e) The reasons why granting the exemption would not adversely affect safety, or how the exemption would provide a level of safety at least equal to that provided by the rule from which you seek the exemption; Lydig Construction’s in-house Safety Department will provide support and regulation over all flights conducted by Lydig operator and observer, following rules provided by the FAA for sUAS operations such as:

• Flights will be conducted by a DJI Phantom 2 or equivalent sUAS, which has an operational weight of 2.5 pounds, which is under the 50lb FAA requirement for hobbyists.

• Flights will be conducted by two person teams consisting of an operator and an observer.

• Flights will be operated within visual line of sight of both the operator and observer.

• Flights will be operated at no more than 400’ above ground level.

• Flights will not be conducted within the FAA required distance of airports.

• Flights will be operated no longer than 25 minutes at a time.

• The operator will conduct a pre-flight inspection to verify the correct assembly of components, no visible damage which could affect flight or safety, directional lights are functioning properly.

• The operator and observer will walk the construction site and flight paths to identify any potential risks, locations to avoid, and site boundaries.

• The observer will at all times remain within verbal communication of the operator and will advise the operator of any approaching or developing conditions.

• Auto Return to Home & Landing will be activated and used for each flight

• All flights will be completed with five minutes remaining on battery life (f) A summary we can publish in the Federal Register, stating: Petitioner: Lydig Construction, Inc. Sections of 14 C.F.R. Affected: Part 21, 91.203(a) & (b), 45.23 Display of Marks; General and 45.29, 91.9, 91.119, 91.121, 91.151, Subpart E (91.401 - 91.417), FAA Notice 8900.227 Paragraph 16(c) (4) PIC Medical and Paragraph 16(e)(1) Observer Medical Description of Relief Sought: Petitioner seeks relief in order to conduct commercial sUAS operations on supported construction sites, with owner approval, subject to operating procedures that meet or exceed FAA requirements. (g) Any additional information, views or arguments available to support your request; and N/A (h) If you want to exercise the privileges of your exemption outside the United States, the reason why you need to do so. N/A

Sincerely,

Brian R. Burton Director of Marketing Lydig Construction