October 1, 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 CFR 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, Adolfson & Peterson Construction, an engineering

and construction company, 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 imaging for safety and monitoring of secured and

controlled environment construction sites, 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.

As detailed in this document and the attached Flight Manual, 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 provide safety

enhancements to the already best practices safety protocols followed by Adolfson & 

Peterson at each one of its construction sites. Approval of this exemption would thereby

enhance safety and fulfill the Secretary of Transportation’s (the FAAAdministrator’s)

responsibilities to “...establish requirements for the safe operation of such aircraftsystems

in the national airspace system.” Section 333(c) of the ReformAct.

The name and address of the applicant is:

Adolfson & Peterson Construction

1900 Firman Drive, Suite 700, Richardson, TX 75081

PH: 972-421-5560

Email: jedwards@a-p.com

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. 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

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14 C.F.R. 91.203 (a) & (b)

14 C.F.R. 91.405 (a)

14 C.F.R. 407 (a) (1)

14 C.F.R. 409 (a) (2)

14 C.F.R. 417 (a) & (b)

I. STATUTORY 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 ofthis

title if the Administrator finds the exemption in the public interest. 49 U.S.C. §44701(f) 

See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203(a) (1).

Section 333(b) of the Reform Act assists the Secretary in determining whether

sUAS 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

Reform Act §333(a). 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.” Id. §333(c).

Adolfson & Peterson's sUAS are multirotor vehicles, weighing 10 or fewer lbs. 

including payload. They operate under normal conditions at a speed of no more than 50 

knots and have the capability to hover, and move in the vertical and horizontal plane

simultaneously. The sUAS will operate only in the Pilot’s visual line of sight at alltimes

and will operate only within the sterile area described in the DJI Phantom 3 Professional

Flight Manual, attached as Exhibit 1 (hereinafter “the Manual”). Such operations will 

insure that the sUAS will “not create a hazard to users of the national airspace system or 

the public.” Reform Act Section 333 (b).

Given the small size of the sUAS involved and the restricted and sterile

environment within which they will operate, our 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 sUAS to commence immediately.

Also due to the small size of the sUAS and the low altitudes and restricted areas in which

the sUAS will operate, approval of the application presents no national security issue.

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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 ofsafety

surrounding the proposed operations, and the significant public benefit, including

enhanced safety, the grant of the requested exemptions is in the public interest.

Accordingly, Adolfson & Peterson respectfully requests that the FAA grant the

requested exemption without delay.

II. 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

UAS to operate with significant safety precautions in low risk environments.

The use of sUAS on a construction site can significantly reduce the risk to

workers of falls while inspecting, surveying, or monitoring site progress. sUAS can

inspect, photograph, and collect data on hard to get to areas that otherwise would require

worker inspection. Falls are a leading source of workplace fatality and injury on 

construction sites1

, and reducing falls through sUAS use for site imaging could save

workers lives.

Additionally, sUAS could replace the use of helicopters and small aircraft to

monitor sites. The sUAS we propose to fly in this application are under five pounds, and

carry no combustible material on board, as opposed to the much larger conventionally

powered small aircraft. Shifting to sUAS from helicopters presents a marked safety

increase for our workers and the public.

Lastly, sUAS reduce the environmental impact by dramatically decreasing the

energy used for aerial imaging and data collection over a construction site. Our sUAS use 

rechargeable lithium ion batteries, as opposed to fossil fuels burned in operation ofsmall

aircraft that are many hundreds of times heavier.

III. EQUIVALENT LEVEL OF SAFETY

Adolfson & Peterson Construction proposes that the exemption requested herein

apply to sUAS that have the characteristics and that operate with the limitationslisted

herein. These limitations provide for at least an equivalent or even higher level ofsafety

to operations under the current regulatory structure because the proposed operations

represent a safety enhancement to the already safe protocols followed on construction

sites and imaging and surveying operations conducted with helicopters and other

conventional aircraft.

1 “Commonly Used Statistics”, Occupational Safety & Health Administration. Available at:

https://www.osha.gov/oshstats/commonstats.html

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Adolfson & Peterson will be bound by the following limitations when

conducting its sUAS operations under an FAA issued exemption:

1. The sUAS will be less than 10 pounds.

2. Flights will be operated within visual line of sight of a pilot.

3. 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.

4. Flights will normally be operated at an altitude of 200 feet AGL, never exceeding 400 

feet AGL.

5. Crew for each operation will consist of the sUAS Pilot who will keep the sUAS

within his visual line of sight at all times.

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

in the Flight Manual.

7. The sUAS will only operate within a confined “Sterile Area” as defined in the

Manual. The Manual also requires the establishment of a “Security Perimeter” forthe

flight operations area.

8. A briefing will be conducted in regard to the planned sUAS operations prior to each

day’s production activities. It will be mandatory that all personnel who will be

performing duties within the boundaries of the safety perimeter be present for this

briefing.

9. All onsite personnel will consent to the UAS flyover on site by waiver, and the

operator will obtain additional verbal or written consent of all persons who will be

allowed within 100 feet of the flight operation.

10. Pilot will have been trained in operation of UASs generally and received up-to-date

information on the particular UAS to be operated as required by Section F of the

Manual.

11. Written and/or oral permission from the relevant property holders will be obtained.

12. All required permissions and permits will be obtained from territorial, state, county or 

city jurisdictions, including local law enforcement, fire, or other appropriate

governmental agencies.

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

enter “loiter mode” and hover, reestablish satellite connection, and return to a predetermined location within the Security Perimeter and land.

IV. DESCRIPTION OF SPECIFIC REGULATIONS

14 CFR 61.113 (a) & (b): Private pilot privileges and limitations: Pilot in command

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Because the

sUAS will not carry a pilot or passengers, the proposed operations can achieve the

equivalent level of safety of current operations by requiring the Pilot operating the

aircraft to have completed a sUAS flight training course of 100 hours before flying a

sUAS (See Section F of the Manual for more details). Unlike a conventional aircraft that

carries the pilot and passengers, the sUAS is remotely controlled with no living thing or 

cargo on board. DJI’s Phantom 3 Professional sUAS is also operated by an autopilot, 

which greatly reduces the danger of human error. The area of operation is controlled and 

restricted to hard hat areas, and all flights are planned and coordinated in advance as set 

forth in the Manual.

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The sUAS to be operated hereunder is less than 10 lbs. fully loaded, carries neither a pilot

nor passenger, carries no explosive materials or flammable liquid fuels, and operates

exclusively within a secured area as set out in the Manual. Like other civil aircraft,

operations under this exemption will be tightly controlled and monitored by the operator,

pursuant to the Manual’s requirements, and under the requirements and in compliance

with local public safety requirements, to provide security for the area of operation asis 

currently done on active construction sites. The FAA will have advance notice of all

operations.

The risks associated with the operation of the sUAS are therefore diminished from the

level of risk associated with commercial operations contemplated by Part 61 when

drafted, and allowing operations of the sUAS as requested with a Pilot who has met the

minimum requirements stated in Section F of the Manual achieves the level ofsafety

contemplated by 14 C.F.R. §61.113 (a) & (b).

14 C.F.R. 91.103: Preflight Action

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

ensure the safety of flight. An exemption is needed from this requirement as the Pilot will

take separate preflight actions, including checking for weather conditions, checking flight

battery requirements, checking takeoff and landing distances, and all other actions in the

Preflight Checklist in the Manual. These actions will provide an equivalent level of 

safety. See Appendix A of the Manual.

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 multirotor craft that flies similarly to a

helicopter, with vertical takeoff and vertical landing, which will typically operate at

altitudes of 200 AGL, so an exemption may be needed to allow such operations. The

sUAS will never operate at altitude higher than 400 AGL and will be in a restricted area

with security perimeter, where buildings and people will not be exposed to operations

without their pre-obtained consent. See Manual for detailed procedures.

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. No flight will be taken without the permission 

of the property owner or local officials. Because of the advance notice to the property 

owner and any onsite personnel as outlined in the Manual, all affected individuals will be

aware of the planned flight operations. Unlike flight operations with aircraft or rotorcraft

weighing far more than the maximum 10 lbs. proposed herein, our sUAS will not carry

flammable fuel. In addition, the low-altitude operations of the sUAS will ensure

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separation between sUAS operations and the operations of conventional aircraft that must 

comply with Section 91.119.

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 Manual

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

altitude indicator before flight.

14 CFR 91.151 (a): Fuel requirements for flight in VFR conditions

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

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

the Manual, and has a limited range and flight time which require an exemption from 14 

CFR 91.151(a).

The battery powering the sUAS provides approximately 35 minutes of powered flight. To

meet the 30 minute reserve requirement in 14 CFR §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.

Adolfson & Peterson believes that an exemption from 14 CFR §91.151(a) falls within the

scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin

Corporation to operate without compliance with FAR 91.151 (a)). Operating the small

sUAS, in a tightly controlled area where only people and property owners or official

representatives who have signed waivers will be allowed, 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 small UAS. Additionally, limiting sUASflights

to 10 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 the Pilot), whichever

happens first. This restriction would be more than adequate to return the sUAS to its

planned landing zone from anywhere in its limited operating area.

Similar exemptions have been granted to other operations, including Exemptions 2689F, 

5745, 10673, and 10808.

14 CFR 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

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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 sections and Part 43 apply only to aircraft with an airworthiness 

certificate, these sections will not apply to Adolfson & Peterson. Maintenance will be

accomplished by the operator pursuant to the flight manual and operating handbook as 

referenced in the Manual. An equivalent level of safety will be achieved because these

small sUAS are very limited in size and will carry a small payload and operate only in

restricted 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

Manual, the Pilot 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 Pilot is the person most familiar with the aircraft and best suited to maintain the

aircraft in an airworthy condition to provide the equivalent level ofsafety.

*******

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. §21, subpart H; 14 

C.F.R 45.23(b);14 C.F.R. §§ 61.113( a) & (b);91.7

(a); 91.9 (b) (2);91.103(b);91.109; 91.119; 91.121; 91.151(a);91.203(a) and (b); 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 (55lbs or less) in construction operations.

Approval of exemptions allowing commercial operations of sUAS in the construction

industry enhances safety while reducing risk. Manned aircraft monitoring and surveying

creates a greater risk because the craft are much larger, have combustible fuel, and carry

an onboard human pilot. In contrast, a sUAS weighing fewer than 10 lbs. and powered by 

batteries eliminates virtually all of that risk 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.

The operation of small sUAS, weighing less than 10 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 far safer than conventional operations conducted with turbine helicopters operating in

close proximity to the ground and people.

Privacy

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All flights will occur over private or controlled access property with the property owner’s 

prior consent and knowledge. Images taken will be of individuals who have also 

consented to being filmed or otherwise have agreed to be in the area where aerial

photography will take place.

******* 

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 sUAS in construction industry pursuant to the Manual appended hereto. 

Sincerely,

Corbett Nichter

Adolfson & Peterson Construction 

Senior Vice President

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