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November 24,2015

U.S.Department ofTransportation Docket Management System 1200 New Jersey Avenue,SE Washington,DC 20590
RE: Exemption Request Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation Regulations
Dear Sir/Madam:
Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the Reform Act)and 14 C.F.R.Part 11,Tri-North Builders,Inc.("Tri-North")on behalfof itselfand its related entities, hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs")to allow commercial operation ofits Small Unmanned Aircraft Systems ("sUAS")for aerial data collection and imaging for safety and monitoring ofsecured and controlled environment construction sites, so long as such operations are conducted within and under conditions outlined herein or as may be established by the FAA as required by Section 333. Tri-North is afull-service construction management firm dedicated to delivering successful outcomes to its clients across the United States and Canada by providing a wide range ofspecialized in-house services to meet each client's unique needs. After three decades ofspecializing in retail, office,healthcare,hospitality, institutional,religious,non-profit and industrial projects, Tri-North has grown into one ofthe largest contractors in the nation with a small firm dedication to bringing each client optimal success on projects ofevery size. Tri-North agrees with Congress' objective to have sUAS safely and expediently integrated into the national airspace,as it recognizes that the commercial use ofsUAS as an important technological advancement with practical applications for safety and efficiency across many industries,none more so than the construction industry. TriNorth strives to balance its strong safety program with the increasing need to implement innovative processes to construct its projects and make a difference in the community. Accordingly,Tri-North seeks authorization from the FAA to operate sUAS to enhance its commitment to safety on its construction sites. Tri-North's safety program would benefit greatly from the use ofsUAS,which would minimize the risk associated with inspections ofhard to reach areas,and assist in and enhance quality and efficiency during construction.

P.O. E3ox 259568 I 2625 Research Park L7r. ( 6g8.271.8717 ~~hone Madison, WI 53725-9568 Fitchbw~g, WI 53711-490F3 6013.271.3354 fax www.tri-north camU.S.Department ofTransportation

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The requested exemption would permit Tri-North to operate its sUAS under controlled conditions that are: (1)defined;(2)planned;(3)controlled as to operation; and (4)would reinforce the safety practices and protocols followed by Tri-North at its project sites and aligns with the Secretary ofTransportation's ("FAA's Administrator")responsibility to "...establish requirements for the safe operation ofsuch aircraft systems in the national airspace system." Section 333(c)ofthe Reform Act. The name and the address ofthe Applicant are: Tri-North Builders,Inc. Attn: Robert Thayer Vice President/Marketing P.O.Box 259568 Madison, WI 53725 All communications regarding Tri-North's petition should be directed to the Applicant with a copy to: Steven L.Ritt Michael Best &Friedrich LLP P.O. Box 1801 Madison,WI 53701-1801 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. 61.101(e)(4)(5) 14 C.F.R. 61.23(a)(c) 14 C.F.R. 61.315(a) 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) 14 C.F.R. 91.203(a)& (b) 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)
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I. PUBLIC INTEREST &SAFETY BENEFITS Tri-North has been privileged to work on some very high profile construction projects across the nation. As a design build and construction management firm,Tri-North is responsible for managing large complex construction sites. The use ofsUAS would be beneficial for TriNorth's inspections ofprojects during the preconstruction,construction and even the post construction phases to prevent conflicts, ensure quality,minimize risk and ensure safety of workers and the general public. The use ofsUAS on construction sites supports Tri-North's Build Smart approach,which utilizes innovation and technology to construct all projects regardless ofsize. Tri-North's primary goal for its use ofsUAS is to reduce the risk ofconstruction-related accidents while inspecting, surveying and monitoring the site, including inspections ofrooftops,building envelopes,and other areas ofbuildings and construction sites that are otherwise inaccessible or can only be accessed with specialized equipment and at greater risk to safety. sUAS have the capabilities to inspect,photograph,and collect data from these difficult to reach areas that otherwise would require an inspection by a tradesperson. Combined with its Build Smart approach,Tri-North's safety program reflects its commitment to having the safest project sites in the country. Accordingly,the use ofsUAS on its project sites would be an integral part ofTri-North's safety program,,as it provides Tri-North an effective alternative to having workers conduct inspections in potentially dangerous areas ofa project site, and it eliminates the need to employ additional construction equipment on active sites to complete such an inspection. Lastly, sUAS decrease the environmental impact by eliminating the energy use and pollution that traditionally accompanies aerial imaging and data collection over construction sites. This reinforces Build Green practices,which make up its environmentally friendly and sustainable approach to construction management.
II. LEVEL OF SAFETY Tri-North's use ofthe sUAS,is an essential step in joining its safety objectives with innovative construction. More specifically,the use ofsUAS will not only prevent its employees and other construction workers from having to access areas ofthe project site that are potentially dangerous,but it will allow for the efficient collection ofdata and images to prevent conflicts in construction and allow for timely completion ofprojects. This enables Tri-North to analyze and evaluate issues on projects, which will help prevent construction related accidents. Given its focus on safety,Tri-North,following extensive research,intends to use the DJI Phantom 2 with a gimbal mounted GoPro camera and the DJI Inspire 1 ("Proposed sUAS")on its construction projects, as they contain several built-in safety enhancements that coincide with

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the FAA's limitations on sUAS use. The safety enhancements built into the Proposed sUAS ensure not only the safety ofTri-North employees,but also the safety ofthe general public. The Proposed sUAS weigh approximately 2.9 pounds and 7.5 pounds respectively and carry no flammable liquid fuels or explosive materials. Additionally,the Proposed sUAS operate exclusively within a secured area as set by a GPS feature. The sophisticated nature of the GPS system on the Proposed sUAS will limit their flight altitude to less than 400 AGL,and restricts the areas in which they can fly. When in fly mode,the limits on the Proposed sUAS's altitude and range work in conjunction with known "No Fly Zones," such as airports and other restricted airspace,to prevent the inadvertent violation ofthe FAA's sUAS flight restrictions. The default parameters ofthe Proposed sUAS also limit flight to Class G airspace. Furthermore, the GPS feature prohibits the Proposed sUAS from entering restricted airspace,and has a failsafe function,which will cause the Proposed sUAS to automatically return home to the recorded GPS coordinates ofthe remote controller and land to prevent injury or damage in the event that the connection with operator is lost. Finally,Tri-North will operate under its own standard operating procedures and its safety approach that will provide additional safeguards to supplement the FAA's safety requirements for the use ofsUAS. Specifically,Tri-North will train all operators on the use ofthe Proposed sUAS in accordance with the DJI User Manual and Pilot Training Guide from DJI for the Phantom 2(see attached Exhibit A)and the DJI User Manual and Safety Guidelines for the Inspire 1 (see attached Exhibit B). The operators will be required to'show proficiency in operating the Proposed sUAS prior to using the sUAS for inspections at a project site. Additionally,flights ofthe Proposed sUAS will be restricted to the visual line ofsite ofthe operator with a maximum height offour hundred (400)feet AGL. The flight ofthe sUAS will also be limited to the lateral and vertical boundary ofthe construction site in which it is being operated.
III. EXPLANATION OF APPLICATION REGULATIONS 14 C.F.R.Part 21,Subpart H: Airworthiness Certificates 14 C.F.R. 91.203(a)(1) Subpart H,entitled Airworthiness Certificates establishes the procedural requirements for the issuance ofairworthiness certificates as required by FAR 91.203(a)(1). Given the size and limited operating area associated with the aircraft to the be utilized by Tri-North,an exemption from Part 21,Subpart H meets the requirements ofan equivalent level ofsafety under Part 11 and Section 333 ofthe Reform Act. The Proposed sUAS weigh approximately 2.9 pounds and 7.5 pounds respectively fully loaded and do not carry a pilot,passengers,explosive materials or flammable liquid fuels. Additionally,they are equipped with a Flight Limitation System,which uses GPS to designate "No Fly Zones" within 5 miles ofairports. The Proposed sUAS also have a height and distance setting, so the sUAS will not exceed 400 feet AGL. Like other civil aircraft, operation ofthe Proposed sUAS will be controlled and monitored by the operator in accordance with theU.S.Department ofTransportation

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requirements ofDJI User Manual,and the operator will keep the sUAS within visual line ofsight ofthe Pilot in Charge ("PIC")and the Visual Observer ("VO")inside the established boundaries ofthe construction site. Additionally,the operation ofthe Proposed sUAS will be in compliance with local public safety requirements,as are currently required on Tri-North's active construction sites. These safety enhancements,which already apply to civil aircraft operated in connection with construction sites,provide a greater degree ofsafety to the public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R.Part 21,Subpart H. 14 C.F.R.45.23(b): Marking ofAircraft This regulation requires certain experimental,provisionally certified aircraft, or light sport category aircraft to be marked,with letters between 2 inches and 6 inches high "limited", "restricted", "light-sport","experimental",or "provisional",near each entrance to a cabin, cockpit or pilot station.
Even though the Proposed sUAS will have no airworthiness certificate, an exemption may be needed as the Proposed sUAS will have no entrance to the cabin,cockpit,or pilot station on which the word "Experimental" can be placed. Given the size ofthe Proposed sUAS,two inch lettering will be impossible,as the Proposed sUAS are 2.9 pounds and 7.5 pounds respectively in total weight and approximately 1 foot and 1.5 feet wide respectively. 14 C.F.R.61.113(a)& (b): Private Pilot privileges and limitations: Pilot in Command Sections 61.113(a)& (b)limits private pilots to non-commercial operations. As the sUAS will not carry a pilot or passengers,the proposed operations can achieve the equivalent level ofsafety through a training program at Tri-North. The program will require that each PIC and VO are well-versed in the DJI User Manual take/offlanding procedures,and Failsafe Function. The PIC will also be required to show proficiency in the operation ofProposed sUAS in accordance with the DJI Pilot Training Guide and Safety Guidelines prior to using the Proposed sUAS on an active construction site. The PIC will also be trained on the Flight Environment Requirements and the Preflight Checklist. Unlike a conventional aircraft that carries the pilot and passengers,the Proposed sUAS is remotely controlled with no passengers or cargo onboard. The risks associated with the operation ofthe Proposed sUAS are minimal compared to the level ofrisk associated with commercial operations contemplated by Part 61, when drafted. Accordingly,allowing operations ofthe sUAS as requested with an operator who has met the minimum requirements stated in the DJI User Manual exceeds the present level of safety achieved by 14 C.F.R. 61.113(a)&(b).

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14 C.F.R.91.7(a): Civil Aircraft Worthiness The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the Proposed sUAS,should this exemption be granted,no FAA regulatory standard will exist for determining airworthiness. Because ofthe size ofthe Proposed sUAS and the Flight Environment Requirements and Preflight Check list in the DJI User Manual,an equivalent level ofsafety will be provided.

14 C.F.R.91.9(b)(2): Civil Aircraft flight manual,marking and placard requirements Given their size and configuration,the Proposed sUAS do not have a place to carry such a flight manual or safety guidelines,and there is no pilot on board so having a flight manual or safety guidelines on the Proposed sUAS serves no purpose. The equivalent level ofsafety will be maintained by keeping the DJI User Manual at the ground control point where the operator will be flying the Proposed sUAS. Accordingly,the operator will have immediate access to the DJI User Manual. The FAA has issued the following exemptions to this regulation specific to construction management firms like Tri-North: Danis Building Construction Company Exemption No. 11275; Clayco,Inc..Exemption No. 11109; Bechtel Equipment Operations,Inc. Exemption No. 11258;and Suffolk Construction Company, Inc. Exemption No. 13452. 14 C.F.R.91.103: Preflight Action This regulation requires each PIC to take certain actions before flight to ensure the safety offlight. An exemption is needed from this requirement as the operator ofthe Proposed sUAS will take separate preflight actions,including checking for weather conditions,checking the flight battery requirements,and all action in the Preflight Checklist in the DJI User Manual. These actions will provide an equivalent level ofsafety. 14 C.F.R. 91.109; Flight Instruction Section 91.109 provides that no person may operate a civil aircraft (except a manned free balloon)that is being used for flight instruction unless that aircraft has fully-functioning dual controls. The Proposed sUAS are quadrotors with a built in Flight Control System with integrated gimbal and camera. Flight control is accomplished through use ofa remote controller, a wireless communication device with a 5.8GHz frequency band that communicates with the aircraft via radio communications. There is no dual control on the Phantom 2,and an equivalent level ofsafety is achieved through built-in safety measures,including but not limited to,a programmed return should the connection with the remote be lost. The FAA has previously approved exemptions for aircraft without fully functional dual controls. The Inspire 1 does have a dual control. Therefore,the equivalent level ofsafety is provided with the Proposed sUAS,
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because no pilots or passengers will be carried in the aircraft, and the ability to control the Proposed sUAS via radio signals from the controller. 14 C.F.R.91.119: Minimum Safe Altitudes Section 91.119 establishes safe altitudes for operation ofcivil aircraft. Section 91.199(d) allows helicopters to be operated at less than the minimum prescribed,provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. This exemption is for quadrotors craft that fly similarly to a helicopter with vertical takeoffand vertical landing. The Proposed sUAS will not operate at an altitude higher than 400 feet AGL and or in a restricted area. Please see attached DJI User Manual. 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 ofthe departure airport or an appropriate altimeter setting available before departure." Although the Proposed sUAS has a barometric altimeter,and a GPS altitude read out,the default flight settings, according to the DJI User Manual,limit the altitude to 400 feet AGL. Therefore,an equivalent level ofsafety can be achieved by the operator using the Proposed sUAS in the default settings with a limited altitude of400 feet or less.

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. The Proposed sUAS is limited to controlled operations by the operator,and has a limited range and flight time which require an exemption from 14 C.F.R. 91.151(a). The flight time ofthe Proposed sUAS are approximately 18 minutes and 25 minutes respectively on afully-charged battery. The Proposed sUAS also has a Smart Flight battery function that communicates with the operator about battery capacity,through a batter level LED indictor. When the battery ofthe Proposed sUAS is depleted during operation,the operator will receive a warning,and be prompted to land the Proposed sUAS. In fact,a safety feature ofthe Proposed sUAS allows them to automatically return to the home point in the event oflow battery. Additionally,if the battery reaches a critically low level, such that they should land immediately,the Proposed sUAS will automatically descend,and the operator will only be able to hover and navigate to an appropriate location to land. The threshold for a low battery is automatically determined based on the Proposed sUAS'altitude and its distance from the home point. Accordingly,powered flight time ofthe Proposed sUAS and its low battery warning function achieve an equivalent level ofsafety,such that an exemption is warranted.

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14 C.F.R.91.203(a)and (b): Carrying Civil Aircraft Certification and Registration The regulation provides in part: 1. Except as provided in 91.715,no person may operate a civil aircraft unless it has within it the following: 1. An appropriate and current airworthiness certificate... 2. No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a)ofthis section or special flight authorization issued under 91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. The Proposed sUAS weigh a total of2.9 pounds and 7.5 pounds respectively and measure approximately 1 foot and 1.5 feet wide respectively. As such,they do not have a cabin.or cockpit,and are operated by remote control without an onboard pilot. Therefore,there is no ability to carry certification and registration documents onboard.
An equivalent level ofsafety will be achieved by having the DJI User Manual at the ground with the operator ofthe Proposed sUAS. This will allow the operator to have immediate access to the DJI User Manual should it be needed during operation ofthe Proposed sUAS. The FAA has issued numerous exemptions to this regulation, including without limitation Exemption Nos. 9565,9665,9789,9789A,9797,9797A,9816A,and 10700.

14 C.F.R. 91.405(a); 47(a)(1); 409(a)(2); 417(x)& (b): Maintenance Inspections These regulations require that an aircraft operator or owner inspect the aircraft "as prescribed in subpart E ofthis part and shall between inspections,except as provided in paragraph (c)ofthis section,have discrepancies repaired as prescribed in part 43 ofthis chapter..."
As these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections should not apply to Tri-North. An equivalent level ofsafety will be achieved through the inspection and maintenance ofthe Proposed sUAS by the operator according the DJI User Manual and the Preflight Checklist. Given the small size 

### ofthe Proposed sUAS,controlled operation, limited amount offlight time and the lack ofpassengers,the inspection and maintenance,which is required in the DJI User Manual,is sufficient to ensure the safety ofthe operator and the public. Ifa mechanical issue were to arise during operation,the Proposed sUAS can land immediately and will be operating no higher than 400 AGL. As provided in the DJI User Manual,the operator will ensure that the Proposed sUAS is in working order by going through the Preflight Checklist and Flight Test as well as adhering to the Flight Environment Requirements.U.S. Department ofTransportation

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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: 1. Petitioner: Tri-North Builders,Inc. 2. Petitioner seeks exemption from the following rules: 14 C.F.R.Part 21, Subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. 61.113(a)and (b);14 C.F.R. 91.7(a); 14 C.F.R. 91.9(b)(2); 14 C.F.R. 91.103(b);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); 14 C.F.R. 91.203(a)and (b); 14 C.F.R. 91.405(a); 14 C.F.R. 91.407(a)(1); 14 C.F.R. 91.409(a)(2)and 14 C.F.R. 91.417(a)and (b)to operate commercially a small unmanned vehicle (SS lbs.)or less in construction operations. Please accept this letter as Tri-North Builders,Inc.'s formal request for an exemption relative to the use ofProposed sUAS. Approval ofexemptions allowing commercial operations ofsUAS in the construction industry will undoubtedly reduce the risks associated with construction and enhance the safety on project sites. Accordingly,the use ofthe sUAS will transform the construction industry and allow for positive changes which will help minimize the dangers associated with inspections and construction work. The use ofthe sUAS will result in a safer and more efficient construction site.
TRI-NORTH BUILDERS,INC.

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Robert ThayerG~ce President



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