Brian Wing

R&H Project Manager

R&H Construction LLC

1530 SW Taylor

Portland, OR 97205

Tel

The Honorable Michael P. Huerta

Office of the Administrator

Federal Aviation Administration

800 Independence Avenue SW

Washington, DC 20591

The Honorable Anthony R. Foxx

Office of the Secretary

US Department of Transportation

1200 New Jersey Ave., SE

Washington, DC 20590

August 5, 2015

RE: R&H Construction sUAS Petition for Exemption Pursuant to FMRA Sec 333 and

14 CFR Part 11

Dear Administrator Huerta:

R&H Construction LLC (‘R&H’) hereby petitions the FAA for regulatory relief pursuant to Section

333 of P.L. 112–95 and 14 C.F.R. Sec. 11.81 to conduct commercial flights using the DJI, Phantom

2 + and the DJI Phantom 3 sUAS for the following applications:

• Construction Site Documentation and Observation

• UAS Crew Training

• UAS Maintenance Testing

• Construction and Aerial Data Research and Development

• Filming during ground-breaking ceremonies and opening ceremonies.

R&H, therefore, seeks a request for exemption from airworthiness and the following specific Title

14 C.F.R. provisions:

• 14 C.F.R. Part 21

• 14 C.F.R. 45.23

• 14 C.F.R. 61.113(a) (b)

• 14 C.F.R. 61.133(a)

• 14 C.F.R. 91.7(a)
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• 14 C.F.R. 91.9

• 14 C.F.R. 91.109(a)

• 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

• 14 CFR 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) (b)

The FAA has issued grants of exemption in circumstances similar in all material respects to those

presented in this petition, specifically Exemptions No. 11062 to Astraeus Aerial, 11109 to Clayco,

Inc., and 11213 to Aeryon Labs, Inc.; and we therefore request that our petition be granted without

delay. Additional similar exemptions include exemptions No. 11846, 11808, 11835, 11799, 11676,

11648, 11508, 11469, 11451, 11286, 11258, 11275, and 11109.

R&H has also provided supporting documentation to include; a General Operations Manual (R&H

Manual’) which is composed of (1) an operations manual, (2) flight manuals for each of the R&H

models; (3) an Operator Training Manual, (4) a Maintenance and Inspection Manual, and (5) an

sUAS motion picture and television operations manual (MPTOM). Please note that all the R&H

Manual (including all of the above listed components) are clearly marked Confidential on each page

and contain confidential commercial and proprietary information that R&H has not and will not

share with others who are not subject to a Nondisclosure Agreement (NDA). Therefore, the R&H

Manual (including all components) are not available to the public and contain operating conditions,

procedures and other information that are protected from public release or disclosure under the

Freedom of Information Act 5 USC Sec. 552 et seq.

1 Company Description

This section responds to the specific requirements of 14 CFR Sec 11.81.

R&H Construction Co. has been building successful commercial construction projects throughout

the Pacific Northwest since 1979. Portland, Oregon owned and operated, R&H specializes in adding

value to complex, quality driven and time sensitive jobs. With a diverse portfolio ranging from

small remodels to large-scale corporate headquarters, R&H takes an individualized approach to

each job while upholding our company-wide commitment to providing an exceptional customer

experience. Now we intend to enhance our existing monitoring and evaluation techniques with the

aerial perspective using small UAS.

Mailing address and other contact information.

ATTN: Brian Wing

R&H Construction LLC

1530 SW Taylor
3

Portland, OR 97205

Email: bwing@rhconst.com

2 Relevant Statutory Authority

This exemption application is expressly submitted to fulfill Congress’ goal in passing Section 333(a)

through (c) of the P.L. 112–95, the FAA Modernization and Reform Act (‘Reform Act’). This law

directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may

operate safely in the national airspace system (NAS) before completion of the rulemaking required

under Section 332 of the Reform Act. In making this determination, the Secretary is required to

determine which types of UASs do not create a hazard to users of the NAS or the public or pose a

threat to national security in light of the following:

• The UAS’s size, weight, speed, and operational capability;

• Operation of the UAS in close proximity to airports and populated areas; and

• Operation of the UAS within visual line of sight of the operator.1

Lastly, if the Secretary determines that such vehicles “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.”2

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority by its terms includes exempting civil aircraft, as the term is defined under §40101

of the Act, that includes sUASs, from the requirement that all civil aircraft must have a current

airworthiness certificate.

3 Qualification for Approval Under Section 333 of the Reform Act

The proposed operations in this petition for exemption qualify for expedited approval under Section 333 of the Reform Act. Each of the statutory criteria and other potentially relevant factors

are satisfied. The requested exemption would permit R&H to perform commercial operations under controlled conditions in airspace that is 1) limited 2) predetermined 3) restricted, limited, or

controlled as to access and 4) would provide safety enhancements to the already safe operations in

these industries presently using conventional aircraft. Approval of this exemption would thereby

enhance safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s) responsibilities to establish requirements for the safe operation of such aircraft systems in the national airspace

system. Section 333(c) of the Reform Act.

Each R&H sUAS weighs 55 lb. or less including payload. Each R&H sUAS operates under normal

conditions at a speed of no more than 87 knots. Each R&H sUAS has the capability to operate in

either Automatic’ or Manual’ mode as described in the R&H Manual.

1Public Law 112–95, ‘FAA Modernization and Reform Act’ Section 333 (a)

2

Id. §333(c).
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Generally R&H sUAS operations will be below an altitude of 400 ft. AGL, within specific accessrestricted areas, either within Class G airspace or with the permission of the ATC, using sUAS

operated by R&H-qualified sUAS pilots, and within the visual line of sight of the operator and

observer. Such operations will insure that the sUAS will not create a hazard to users of the National

Airspace System or the public as per the FMRA 2012 Section 333. Given the size of the sUAS and

the operating environment, this petition for exemption meets an equivalent level of safety, in which

Congress envisioned that the FAA must, by exemption allow commercial operations of UASs to

commence immediately. Also due to the size and environment, approval of the application presents

no national security issue.

Considering the clear direction in Section 333 of the Reform Act, the authority contained in the

Federal Aviation Act, as amended, the equivalent level of safety surrounding the proposed operations, and the significant public benefit described herein, the grant of the requested exemptions is

also in the public interest.

4 R&H Description of Proposed Operations

R&H operations will provide a level of safety that is equivalent to current aviation standards.

R&H safety procedures, risk assessments, and flight operations standards are described in detail in

the accompanying R&H Manual. In brief, the following procedures that apply during operations

conducted under this exemption request, establish an equivalent level of safety (ELOS) as follows:

1. The sUAS will weigh less than 55 lb.

2. Flights will be operated within line of sight of a pilot and/or observer.

3. Flights will occur during daylight hours.

4. Flights will occur during Visual Flight Rules Meteorological Conditions (VMC).

5. Flights will generally be operated at an altitude of no more than 400 feet AGL and within Class

G airspace. Operations in controlled B,C, or D airspace will be conducted in coordination with

the proper FSDO and ATC with prior permission.

6. Flights will be terminated at the manufactured recommended battery power reserve, or at

with at least 5 minutes additional flight time.

7. All R&H sUAS will be U.S. registered and display marks either in accordance with 14 C.F.R.

Part 45, Subpart C or approved alternative markings.

8. Operations will be conducted in defined regions and over property authorized for this use by the

landowner. All operations will remain within the geographic boundaries of the operating area.

Most operations may be conducted within the limitations of the blanket COA authorization

provided with 333 grants as of 3/23/2015.

9. 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.

10. The operator will obtain the consent of all persons involved and ensure that only consenting

persons will be allowed within 100 feet of the flight operation, and this radius may be reduced

to 30 feet based upon an equivalent level of safety determination.
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11. A briefing will be conducted in regard to the planned sUAS operations prior to each day’s

activities. It will be mandatory that all relevant personnel be present for this briefing.

12. Minimum crew for each operation will consist of the sUAS Pilot and the Visual Observer.

13. sUAS operations under this exemption will be conducted under the supervision of a designated

pilot in command (PIC) who has final responsibility for the operation and in accordance with

14 C.F.R. 91.3. All sUAS operators must have completed training on the normal, abnormal,

and emergency procedures in the R&H Manual and demonstrated proficiency with the sUAS

being operated. The PIC will meet at least the minimum FAA sUAS regulations for licensure.

Currently, therefore, R&H PICs must possess at least a sport pilot certificate and hold a valid

U.S. driver’s license.

14. sUAS Pilot will be Pilot in Command (PIC). If a pilot certificate holder other than the sUAS

Pilot, who possess the necessary PIC qualifications, is also present (i.e. the Visual Observer),

that person can also be designated as the PIC.

15. Observer and pilot will at all times be able to maintain verbal communication, either directly

or through electronic means.

16. Operators and engineers will maintain the sUAS system in a condition for safe operation

according to the R&H Manual and associated manufacturer’s maintenance manuals, including

pre-flight and post-flight inspections.

17. The PIC and observers will maintain situational awareness and perceive, process, and perform

risk management prior to and during each operation as described in the R&H Manual. The

PIC will terminate the operation in accordance with the R&H Manual if hazards that cannot

be acceptably mitigated are observed.

18. sUAS will safely stop operating and either return home or auto-land at a safe location along

the flight path if the control link is lost.

19. For each sUAS, the PIC will have the ability to force a controlled landing at any time.

Operations for the purpose of closed-set motion picture and television filming and

production.

1. The R&H sUAS specific motion picture and television operations manual (MPTOM) will apply

to closed-set motion picture and television operations conducted under the exemption.

2. At least 3 days before aerial filming, R&H will submit a written Plan of Activities to the local

Flight Standards District Office (FSDO) with jurisdiction over the area of proposed filming.

The plan of activities will include the following:

• Dates and times for all flights.

• Name and phone number of the R&H point-of-contact for the UAS aerial filming to be

conducted.

• Name and phone number of the person responsible for the on-scene operation of the UAS.

• Make, model, and serial or N-Number of UAS to be used.

• Name and certificate number of UAS PICs involved in the aerial filming.
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• A statement that R&H has obtained permission from property owners and/or local officials

to conduct the filming production event; the list of those who gave permission must be

made available to the inspector upon request.

• Signature of R&H CEO or representative.

• A description of the flight activity, including maps or diagrams of any area, city, town,

county, and/or state over which filming will be conducted and the altitudes essential to

accomplish the operation.

3. Flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production, as specified in the R&H sUAS

MPTOM.

In addition to the above, R&H has implemented a Safety Management System. The R&H Safety

Manager is responsible for conducting safety audits, investigations, and inspections and is authorized

to stop or prohibit any activity or operations which is considered unsafe. Full details are available

in the R&H Manual.

5 Regulations From Which Exemption is Requested

5.1 Part 61, Certification: Pilots, Flight Instructors, and Ground Instructors

Extent of Relief

Part 61, all sections.

Reason for Relief

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

equivalent level of safety of current operations by requiring the PIC operating the aircraft to have

at least a sport pilot’s license rather than a commercial pilot’s license to operate these sUAS.

Equivalent Level of Safety

Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely controlled

with no living thing on board. The area of operation is controlled and restricted, and all flights

are planned and coordinated in advance as set forth in the General Operations Manual (GOM).

The level of safety provided by the requirements included in the GOM exceeds that provided by

a single individual holding a commercial pilot’s certificate operating a conventional aircraft. The

risks associated with the operation of the sUAS are so diminished from the level of risk associated

with commercial operations contemplated by Part 61 when drafted, that allowing operations of

the sUAS as requested with a sport pilot certificate as the PIC exceeds the present level of safety

achieved by 14 C.F.R. §61.113 (a) & (b).
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5.2 61.113 Private pilot privileges and limitations: Pilot in command.

Extent of Relief

Relief from requirement to possess a private or commercial pilot’s license for aerial work such as

aerial survey and mapping.

Reason for Relief

§61.113 (a) stipulates that a holder of a private pilot certificate may not act as a pilot in command

of an aircraft for compensation or hire; (b) states that a private pilot may act as PIC if the flight

is incidental to business and does not carry passengers or property. Furthermore, N–8900.227 “Unmanned Aircraft Systems (UAS) Operational Approval” paragraph 16(c)(2)(c) “Operations without

a pilot certificate” states that a operations which conform to said paragraph may be performed by a

PIC that does not possess a private pilots license but that has completed FAA private pilot ground

instruction and passed the FAA Private Pilot written test. In addition, there is no means currently

of obtaining a commercial rating for UAS. Thus, we require relief in order to perform aerial work.

Public Benefit

As described above, the public benefit includes exponential economic growth, enhanced safety, and

improved precision agriculture capabilities.

Equivalent Level of Safety

Our operations fullfill all the requirements in N–8900.227 16(c)(2)(c) for operations without a private

pilots license.

5.3 91.7 Civil aircraft airworthiness.

Extent of Relief

91.7, all provisions.

Reason for Relief

Should the exemption be granted allowing commercial operation of the sUAS without an airworthiness certificate, no standard will exist for airworthiness of the sUAS.

Equivalent Level of Safety

Given the size and weight of these aircraft and the requirements contained in the GOM, an equivalent

level of safety will be achieved by insuring compliance with the sUAS user manuals prior to each

flight.
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5.4 91.119, Minimum safe altitudes: General.

Extent of Relief

Section 91.119 establishes safe altitudes for operation of civil aircraft. 91.119(c) limits aircraft flying

over areas other than congested areas to an altitude of 500 feet above the surface, except over open

water or sparsely populated areas, and the aircraft may not be operated closer than 500 feet to any

person, vessel, vehicle, or structure.

Reason for Relief

To provide for these operations, the sUAS are normally operated at or below 400 feet AGL. In

addition, due to the nature of the proposed operations, the PIC and the observer may at times be

less than 500 feet away from structures during the operation.

Equivalent Level of Safety

The equivalent level of safety will be achieved given the size, weight, and speed of the UAS as

well as the location where it is operated. No flight will be taken without the required permission

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

and participants in the aerial activity, all affected individuals will be aware of the planned flight

operations. Compared to flight operations with aircraft or rotorcraft weighing far more than the

maximum 55lbs. described above and the lack of flammable fuel, any risk associated with these

operations is far less than those presently conducted with conventional aircraft operating at or

below 500 AGL in other industries. In addition, the low-altitude operations of the sUAS will ensure

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

comply with Section 91.119.

5.5 91.121 Altimeter Settings

Extent of Relief

§91.121

Reason for Relief

As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed.

Equivalent Level of Safety

An equivalent level of safety will be achieved by the operator, pursuant to the GOM and the Safety

Check list, confirming the altitude of the launch site shown on the GPS altitude indicator before

flight.
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5.6 91.151, Fuel requirements for flight in VFR conditions.

Extent of Relief

§91.151, all provisions.

Reason for Relief

The provision requires fuel sufficient for one half hour flight beyond the destination. These sUAS,

including todays longest endurance platforms, are unable to meet this requirement because of limited

max flight times.

Equivalent Level of Safety

An equivalent level of safety can be achieved by limiting flights for the sUAS according to the safety

limitations described in the GOM. This restriction would be more than adequate to return the

sUAS to its planned landing zone from anywhere in its limited operating area.

5.7 91.405, 91.407, 91.409, 91.417 Inspection and Maintenance Programs

Extent of Relief

§§91.405, Maintenance required; 91.407, Operation after maintenance, preventive maintenance, rebuilding, or alteration; 91.409, Inspections; and 91.417, Maintenance records.

Reason for Relief

The part 91 provisions are not applicable to a sUAS of the described weight class. Furthermore,

FAA certified mechanics for sUAS do not at this present time exist, so full compliance is not possible.

The sUAS flown are modular and as such entire components including engines and propellers are

minor replacements rather than major repairs. Finally, continuous minor alterations and payload

reconfigurations of sUAS are designed and required for the operation of sUAS and do not negatively

impact airworthiness.

Equivalent Level of Safety

Inspection and maintenance manuals are used to maintain the sUAS in airworthy condition. Each

sUAS is maintained according to the manufacturer standard or higher by technicians proficient in

the building, repair, and maintenance of the sUAS. Inspection and Maintenance manuals utilized

contain all aircraft-relevant items as described in (43 Appendix D (Scope and Detail of Items).

Finally, maintenance records are maintained in the Operations Database; either online on the

Skyward Platform and are therefore immediately auditable by regulators on demand, or as otherwise

determined by R&H.

6 Public Interest

R&H believes that the enhanced safety achieved using a sUAS with the specifications described

in this petition and supporting documents and by carrying no passengers or crew, rather than a
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manned aircraft of significantly greater proportions carrying crew in addition to flammable fuel,

gives the FAA good cause to find that the UAS operations enabled by this exemption are in the

public interest.

The outputs of safe, reliable, and regulatory compliant operations of sUAS provide economic benefits

historically unparalleled since the invention of flight, benefiting stakeholders at every level, both

public and private. Lawful, safe aerial robotics operations will create new high-tech employment

that will stimulate city and state governments; improve industries, create new small and large

businesses; infuse new interest in STEM for children; and increase the safety of citizens through

enhanced first-responder capabilities.

7 Privacy

All flights will occur over private, limited, or restricted-access areas with the property owner’s prior

consent and knowledge. Operations will be conducted by trained crew and all other individuals will

either be a part of the operation or consent to be present at the time of operations.

8 Federal Register Summary

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), 61.133(a); 91.7 (a); 91.9 (b) (2); 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 sUAS for commercial use.

9 Conclusion

R&H seeks this exemption to conduct commercial operations using sUAS within restricted-access

areas in the NAS. Without this exemption, sUAS innovation will be suppressed, the public economic

benefits derived from increased sUAS development will be denied, and the Congressional directive

to accelerate the integration of UAS into the NAS will be impeded. The sUAS physical and

operational characteristics are compliant with those described in the FMRA and FAA’s guidance

for Sec 333 exemptions. R&H respectfully requests that the FAA grant its petition for exemption

from airworthiness. Please do not hesitate to contact Andrew McCollough, the Regulatory Services

POC, via email at exemption@skyward.io or by telephone at 971–303–9981, if you have any questions

or concerns.

Very Respectfully Yours,

Brian Wing

R&H Project Manager
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