November 5, 2015

U.S. Department of Transportation 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the 

Federal Aviation Regulations from: 14 CFR 61.113{a) & (b); 91.7 (a); 91.103; 91.119{c); 91.121; 

91.151{a); 91.405{a); 91.407(a)(1); 91.409 (a)(1) and {2}; 91.417{a) &(b).

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act, I, Matthew Guerra, operator of an 

Unmanned Aircraft System (UAS), hereby apply, on behalf of Trevcon Construcion Co., Inc., for an 

exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of its 

UAS, 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 Section333.

I would like to formally submit for an exemption from part 21, subpart H; and Sections 45.23(b), 

91.7(a), 91.9(b)(2), 91.119, 91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 91.407(a)(1),

91.409(a)(2), and 91.417(a) and (b) of Title 14, Code of Federal Regulations (14 CFR). This proposed 

exemption would allow the operation of unmanned aircraft systems (UAS) for the purpose of aerial 

videography and photography real estate purposes and events.

Applicant: 

Matthew Guerra

Systems Admin

Trevcon Construction Co., Inc.

30 Church St

PO Box 0811

Liberty Corner, NJ 07938

mguerra@trevcon.com

(908) 580-0200 ext. 52

Commercial operation of an UAS, as described herein, which are equipped with camera and sensors, 

would operate in the following manner:

• Aerial photography and/or video for public and/or private use including Construction 

Site/Project progress and Evaluation Purposes

As described fully below, the requested exemption would permit the operation of a UAS under 

controlled conditions in the NAS that would be a) limited, b) controlled, c) predetermined, and d) will
provide safety enhancements to the already safe operations in the industry presently using 

conventional aircraft. Approval of this exemption would thereby enhance safety and fulfill the 

Secretary of Transportation responsibilities to “....establish requirements for the safe operation of 

such aircraft systems in the national airspace system.”

As found in Exemption No. 11138 (Trudeau), the FAA recently approved similar use of a 

PHANTOM 2 UAS. We will operate a UAS, the DJI Phantom 3 Professional, Model W323, which is 

comprised of an unmanned aircraft (UA or Phantom), an attached 4K camera and a transportable 

ground station.

The PHANTOM 3 is a quad---copter with a gross weight of 2.8 pounds. It is equipped with four rotors that 

are driven by electric motors powered by batteries. The UA has a maximum airspeed of 16 m/s. It 

will be operated over various metropolitan areas, primarily around the Greater New York City Area, 

to augment Construction Site Progress, Operations and Safety Operations with aerial video and

photography.

UAS Operating Parameters

We will abide by the following additional operating conditions under this exemption, which ensures 

a level of safety at least equal to existing rules:

• operate UAS below 300 feet and within a radius distance of 1000 feet from the controller to 

aid in direct line of sight visual observation;

• obtain permission from the owner/controller of any vessels, vehicles and structures when 

operations may be conducted closer than 500 feet to any such vessels, vehicles or structures; 

we will conduct a safety assessment of the risk of operating closer to those objects and 

determine that it does not present an undue hazard;

• operate the UAS for 5---20 minutes per flight;

• land UAS prior to the manufacturer’s recommended minimum level of batterypower;

• operate UAS during daylight hours only within visual line of sight(VLOS);

• use the UAS’ global positioning system (GPS) flight safety feature whereby it hovers and then 

slowly lands if communication with the remote control pilot is lost;

• conduct all operations under the flight safety protocols (including posting a warning sign 

reading: “Attention Aerial Photography in Progress – Remain Back 150 feet”) contained in 

the operating documents and will actively analyze flight data and other sources of 

information to constantly update and enhance safetyprotocols;

• contact respective airports if operations will be within 5 miles to advise them of his 

estimated flight time, flight duration, elevation of flight and other pertinent information;

• always obtain all necessary permissions prior to operation; have procedures in place to 

abort flights in the event of safety breaches or potentialdanger;

• only operate in safe environments that are strictly controlled, are away from power lines, 

elevated lights, airports and densely populated areas (defined by areas depicted in “yellow” 

on VFR charts and through obtaining information regarding congested areas from the local 

Flight Standards District Office (FSDO);

• conduct extensive preflight inspections and protocols, during which safety carries primary 

importance (reference PHANTOM Flying Flow Chart and UserManual).

Regarding UAS operational training, we have flown numerous practice flights in remote areas as 

hobbyists simulating flights for future commercial use to gain familiarization with the characteristics 

of the UAS’ performance under different temperature and weather conditions.
Specific Exemptions Requested

Given the size, weight, speed, and limited operating area associated with the UA, we feel an 

exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates) and§

91.203(a) and (b) (Certifications required), subject to certain conditions andlimitations,

is warranted and meets the requirements for an equivalent level of safety under 14 CFR part 11 and 

Section 333 of P.L. 112---95 (Section 333).

We request an exemption from § 45.23 Marking of the aircraft because the UA will not have a cabin, 

cockpit or pilot station on which to mark certain words or phrases. Further, the two---inch lettering is 

difficult to place on such a small aircraft with dimensions smaller than the minimal lettering 

requirement. Regardless of this, we can mark the UAS in the largest possible lettering by placing the 

word “Experimental” on its fuselage as required by § 45.29(f) so that anyone will see themarkings.

We request an exemption from § 91.7(a) which prohibits the operation of an aircraft without an 

airworthiness certificate, since there is currently no certificate applicable to our operation, this 

regulation is inapplicable.

We request an exemption from §§ 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) and (b) 

Maintenance inspections since they only apply to aircraft with an airworthiness certificate. However, 

as a safety precaution we will perform a preflight inspection of the UAS before each flight as outlined 

in the attached operating documents.

We request an exemption from § 91.9(b)(2) which requires an aircraft flight manual in the aircraft, 

however since there are no pilots or passengers on board the aircraft and given its size, this 

regulation is inapplicable. We believe an equivalent level of safety will be achieved by maintaining a 

safety/flight manual with the UAS ground station.

We request an exemption from § 91.119 which prescribes safe altitudes for the operation of civil 

aircraft, but it allows helicopters to be operated at lower altitudes in certain conditions. We will not 

operate our UAS above the altitude of 300 feet above ground level (AGL) and will also only operate in 

safe areas away from the public and traffic, thus “providing a level of safety at least equivalent to or 

below those in relation to minimum safe altitudes.” Given the size, weight, maneuverability, and 

speed of the UAS, an equivalent or higher level of safety will beachieved.

We request an exemption from § 91.121 Altimeter settings as it is inapplicable since the 

UAS utilizes electronic GPS with a barometric sensor.

We request an exemption from § 91.151(a) Fuel requirements for flight in VFRconditions.

The UAV is 100% electric and two low battery alerts are issued --- per the operating documents, the 

UAV will be landed at the first alert. Also, our flights will last only 5---20 minutes each, and the UAS has 

an automated function, which results in immediate landing when a low battery is detected. ThePIC
will not begin a flight unless (considering wind and forecast weather conditions) there is enough 

power to fly to the first point of intended landing and, assuming normal cruising speed, land the UA 

with 30% battery power remaining.

Public Interest

Aerial photography and videography for Construction Activites are new strategies to enhance 

marketing efforts and increase business success, and show Owners and the Public of Job progress. 

Until recently it was conducted through the use of costly manned aircraft, a prohibitive business 

activity for smaller companies. By granting this exemption I would be able to provide Owners, the 

public, and prospective clients of our abilities as a Contractor without the larger expense of manned 

aircraft services.

Further, the small UAS will pose no threat to the public given its small size and lack of combustible 

fuel when compared to larger manned aircraft. Additionally, the operation of our UAS will minimize 

harm to the environment economic growth by providing information to companies and the public 

looking to build in the metro areas we service. 

Summary

We will comply with all of the following conditions and limitations should this exemption be 

provided:

1) Operations will be limited to the following aircraft described in the operating documents, which is 

a quad---rotor aircraft weighing 2.8 pounds: Phantom 3 Unmanned Aircraft System.

2) The UA will not be flown at an indicated airspeed exceeding 50knots.

3) The UA will be operated at an altitude of no more than 400 feet above ground level 

(AGL), 

4) The UA will be operated within visual line of sight (VLOS) of the Pilot In Command 

(PIC) at all times.

5) The operating documents will be accessible during UAS operations and made available to the 

Administrator upon request. Any revisions to the operating documents will be presented to the 

Administrator upon request.

6) Prior to each flight, the PIC will inspect the UAS to ensure it is in a condition for safe flight. If the 

inspection reveals a condition that affects the safe operation of the UAS,the

UAS will not be operated until the necessary maintenance has been performed andthe

UAS is found to be in a condition for safe flight. All maintenance and alterations will be properly 

documented in the aircraft records.

7) Any UAS maintenance or alterations that affect the UAS operation or flightcharacteristics,

e.g. replacement of a flight critical component, will undergo a functional testflight.

The PIC who conducts the functional test flight will make an entry in the aircraftrecords.

8) The pre---flight inspection section in the operating documents will account for all discrepancies,

i.e. inoperable components, items, or equipment, not already covered in the relevant sections of the 

operating documents.

9) We will follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, replacement, 

inspection, and life limit requirements.
10) We will carry out maintenance, inspections, and record keeping requirements, in accordance 

with the operating documents. Maintenance, inspection, and alterations will be noted in the aircraft 

records, including total flight hours, description of work accomplished, and the signature of the 

authorized person returning the UAS to service.

11) Each UAS operated will comply with all manufacturer SafetyBulletins.

12) An authorized person will make an entry in the aircraft record of the corrective action taken

against discrepancies discovered between inspections.

13) Prior to operations conducted for the purpose of aerial videography/photography the PIC will 

have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), a minimum of 5 hours 

as UAS pilot operating the make and model of the UAS to be used in operations. The PIC will 

accomplish 3 take---offs and landings in the preceding 90 days.

14) The PIC will not operate the UAS for the purpose of aerial videography/photography and similar 

operations, unless the PIC has demonstrated and logged in a manner consistent with 14 CFR 

61.51(b), the ability to safely operate the UAS in a manner consistent with the operating documents, 

including evasive and emergency maneuvers and maintaining appropriate distances from people,

vessels, vehicles and structures.

15) UAS operations will not be conducted during night, as defined in 14 CFR 1.1. All operations will 

be conducted under visual meteorological conditions (VMC).

16) The UA will not operate within 5 nautical miles of an airport reference point as denoted on a 

current FAA---published aeronautical chart.

17) The UA will not be operated less than 500 feet below or less than 2,000 feet horizontally from a 

cloud or when visibility is less than 3 statute miles from thePIC.

18) If a UA loses communications or loses its GPS signal, it will return to a predetermined location 

within the planned operating area and land or be recovered in accordance with the operating 

documents.

19) The PIC will abort a flight in the event of unpredicted obstacles or emergencies in accordance 

with the operating documents.

20) The PIC will not begin a flight unless (considering wind and forecast weather conditions) there is 

enough power to fly at normal cruising speed to the intended landing point and land the UA with 

30% battery power remaining.

21) We will obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or Authorization 

(COA) prior to conducting any operations, and also request a Notice to Air---man (NOTAM) not more 

than 72 hours in advance, but not less than 48 hours prior to the operation.

22) Before conducting operations, the radio frequency spectrum used for operation and control of 

the UA will comply with the Federal Communications Commission (FCC) or other appropriate 

government oversight agency requirements.

23) The documents required under 14 CFR 91.9 and 91.203 will be available to the PIC at the Ground 

Control Station of the UAS any time the UAS is operating. These documents will be made available to 

the Administrator or any law enforcement official upon request.
24) The UA will remain clear and yield the right of way to all manned aviation operations and 

activities at all times.

25) The UAS will not be operated by the PIC from any moving device orvehicle.

26) The UA will not be operated over congested or densely populatedareas.

27) All operations will be conducted over private or controlled---access property with permission 

from the land owner/controller or authorized representative. Permission from land 

owner/controller or authorized representative will be obtained for each flight to be conducted.

28) Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of 

the operational area as defined by the applicable COA will be reported to the FAA's UAS Integration 

Office (AFS---80) within 24 hours. Accidents will be reported to the National Transportation Safety 

Board (NTSB) per instructions contained on the NTSB Web site:www.ntsb.gov.

If you have questions or need additional information, please contact me at 

mguerra@trevcon.com or (908) 580-0200 ext52.

Thank you,

Matthew Guerra 

Systems Admin 

Trevcon Construction Co., Inc.