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November 24, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Avenue, SE

Washington, DC 20590

RE: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the

Federal Aviation Regulations

Dear Sir/Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the

Reform Act) and 14 C.F.R. Part 11, Tri-North Builders, Inc. ("Tri-North") on behalf of

itself and its related entities, hereby applies for an exemption from the listed Federal

Aviation Regulations ("FARs") to allow commercial operation of its Small Unmanned

Aircraft Systems ("sUAS") for aerial data collection and imaging for safety and

monitoring of secured 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 of specialized in-house

services to meet each client's unique needs. After three decades of specializing in retail,

office, healthcare, hospitality, institutional, religious, non-profit and industrial projects,

Tri-North has grown into one of the largest contractors in the nation with a small firm

dedication to bringing each client optimal success on projects of every 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 of sUAS 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 of sUAS, which would minimize the risk associated with inspections

of hard 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 cam
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November 24, 2015

Page 2

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 of Transportation's ("FAA's Administrator") responsibility 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 the address of the 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 of sUAS would be beneficial for TriNorth's inspections of projects 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 of sUAS on construction sites supports Tri-North's Build Smart approach, which

utilizes innovation and technology to construct all projects regardless of size. Tri-North's

primary goal for its use of sUAS is to reduce the risk ofconstruction-related accidents while

inspecting, surveying and monitoring the site, including inspections of roof tops, building

envelopes, and other areas of buildings 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 of sUAS on

its project sites would be an integral part of Tri-North's safety program,, as it provides Tri-North

an effective alternative to having workers conduct inspections in potentially dangerous areas of a

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 of the sUAS, is an essential step in joining its safety objectives with

innovative construction. More specifically, the use of sUAS will not only prevent its employees

and other construction workers from having to access areas of the project site that are potentially

dangerous, but it will allow for the efficient collection of data and images to prevent conflicts in

construction and allow for timely completion of projects. 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 of Tri-North employees, but also the safety of the 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 of the FAA's sUAS flight restrictions.

The default parameters of the 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 of the 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 of sUAS. Specifically, Tri-North will train all operators on the use of the 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 of the Proposed sUAS will be restricted to the visual line of site of the

operator with a maximum height of four hundred (400) feet AGL. The flight of the sUAS will

also be limited to the lateral and vertical boundary of the 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 of airworthiness 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 of an equivalent level of safety under Part 11

and Section 333 of the 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 of airports. The Proposed sUAS also have a height and distance

setting, so the sUAS will not exceed 400 feet AGL. Like other civil aircraft, operation of the

Proposed sUAS will be controlled and monitored by the operator in accordance with the
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requirements of DJI User Manual, and the operator will keep the sUAS within visual line of sight

of the Pilot in Charge ("PIC") and the Visual Observer ("VO") inside the established boundaries

of the construction site. Additionally, the operation of the 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 of safety 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 of Aircraft

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 of the 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 of safety 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/off landing procedures, and Failsafe

Function. The PIC will also be required to show proficiency in the operation of Proposed 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 of the Proposed sUAS are minimal

compared to the level of risk associated with commercial operations contemplated by Part 61,

when drafted. Accordingly, allowing operations of the 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 of the size of the Proposed sUAS and the Flight Environment Requirements and

Preflight Check list in the DJI User Manual, an equivalent level of safety 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 of safety 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

of flight. An exemption is needed from this requirement as the operator of the 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 of safety.

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 of a 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 of safety 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 of safety 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 of civil 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 takeoff and 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 of the 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 of safety can be

achieved by the operator using the Proposed sUAS in the default settings with a limited altitude

of 400 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 of the 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 of the 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 of the

Proposed sUAS allows them to automatically return to the home point in the event of low

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 of the Proposed sUAS and its low battery warning

function achieve an equivalent level of safety, 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) of this 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 of 2.9 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 of safety will be achieved by having the DJI User Manual at the

ground with the operator of the Proposed sUAS. This will allow the operator to have immediate

access to the DJI User Manual should it be needed during operation of the 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 of this part and shall between inspections, except as provided in

paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this

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 of safety will be achieved

through the inspection and maintenance of the Proposed sUAS by the operator according the DJI

User Manual and the Preflight Checklist. Given the small size of the Proposed sUAS, controlled

operation, limited amount of flight time and the lack of passengers, the inspection and

maintenance, which is required in the DJI User Manual, is sufficient to ensure the safety of the

operator and the public. If a 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.
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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 of Proposed sUAS. Approval of exemptions allowing commercial operations of sUAS in

the construction industry will undoubtedly reduce the risks associated with construction and

enhance the safety on project sites. Accordingly, the use of the 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 of the 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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