February 20, 2015 (Revised May 29, 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 C.F.R. 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 an d Reform Act of 2012 (the "Reform Act") and 14 C.F.R. Part 11, Holder Construction Group, LLC ("Ho lder") hereby applies for an exemption from the Federal Aviation Regulations ("FARs") listed in Sec tion I below to allow commercial operation of its S mall Unmanned Aircraft Systems ("sUASs") for aerial imag ing and safety and monitoring of Construction Jobsites so long as such operations are conducted w ithin and under the conditions outlined herein or a s may be established by the FAA as required by Sectio n 333 of the Reform Act. As detailed in this document and the attached Addendum, the requested e xemption would permit the operation of sUAS under controlled conditions in airspace that is 1) limited, 2) predetermined, 3) controlled as to acce ss, and 4) would enhance quality, reduce environmental impacts, and provide safety enhancements to the already best practices safety protocols followed by Holder at each of its Construction Jobsites. Appro val 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 aircraf t systems in the national airspace system." Section 3 33(c) of the Reform Act.The name and address of the applicant is:

Holder Construction Group, LLC (Including Interest In Joint Ventures)

William R. Turpin

PH: 770-988-3248

Email: bturpin@holder.com

Address: 3333 Riverwood Parkway, Suite 400, Atlanta , GA 30339



## I. REGULATIONS FROM WHICH THE EXEMPTION IS REQUESTED

 14 C.F.R. 61.113 (a) & (b)

 14 C.F.R. 91.103

 14 C.F.R. 91.119

 14 C.F.R. 91.121

 14 C.F.R. 91.151 (a)

 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)



## II. STATUATORY AUTHORITY FOR EXEMPTIONS

The Federal Aviation Act expressly grants the FAA a uthority 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 req uirement of a regulation prescribed under subsection (a) or (b) of this section or any sectio ns 44702-44716 of this Title if the Administrator f inds the exemption in the public interest.3 Section 333( b) of the Reform Act assists the Secretary in determining whether sUASs may operate in the Nation al Airspace System ("NAS") without creating a hazard to the user, the public, or a threat to nati onal security. In making this determination, the Secretary must consider:

• The sUAS's size, weight, speed, and operational cap ability

• Whether the sUAS operates within the visual line of sight of the operator

• Whether the sUAS operates outside of highly populat ed areas and away from close proximity to airports

If the Secretary determines that a sUAS "may operat e safely in the national airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspac e system.

Holder's proposed sUAS is a Phantom 3 Professional quad-rotor vehicle, weighing 1280g (2.82 pounds) including payload. They will operate under normal conditions at a spee d of no more than 50 mph and have the capability to hover, and move in t he vertical and horizontal plane simultaneously.They will operate only in line of sight and will op erate only within the sterile area described in the

attached Exemption Request Addendum (hereinafter "t he Addendum"). Such operations will ensure
that the sUASs will "not create a hazard to users o f the national airspace system or the public.

Given the small size of the sUASs involved and the area within which they will operate, Holder's application falls squarely within the zone of safet y (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow c ommercial operations of sUASs to commence. Also
due to the small size of the sUASs and the low alti tudes and limited areas in which Holder's sUASs wil l operate, approval of the application presents no na tional security issue.

Given the clear direction in Section 333 of the Ref orm Act, the authority contained in the Federal Aviation Act, as amended; the strong equiva lent level of safety surrounding the proposed operations, and the significant public benefit, inc luding enhanced safety and reduced environment impacts, the grant of the requested exemptions is i n the public interest. Accordingly, Holder respectf ully requests that the FAA grant the requested exemption without delay so an sUAS can be leveraged on several projects that are already in construction.



## III. PUBLIC INTEREST

This exemption application is expressly submitted t o fulfill Congress' goal in passing Section 333(a) through (c) of the Reform Act. This law dire cts the Secretary of Transportation to consider whether certain unmanned aircraft systems may opera te 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 sUASs to operate with significant safety precautions in low risk
environments.

The use of sUASs can significantly promote safe and effective Construction Jobsite inspection and tracking. For example, the use of sUASs can red uce the risk to workers while inspecting, surveying

, or monitoring installation of work that requires la dders, scaffolds or other potentially hazardous mea ns of elevated access. sUASs can inspect, photograph, video and collect data on inaccessible areas that otherwise would require worker inspection, in addit ion to providing facility security and emergency response reconnaissance. sUASs can also provide hig h resolution aerial imagery, elevation measurement, mapping, and thermal imagery data. Red ucing manned flight and human inspection of such sites through sUAS use for site imaging will r educe risk to workers and ground personnel and create an improved safety operating environment. Ma nned aircraft are at risk of fuel spillage and fire in
the event of an incident or accident. The sUAS Hold er will be using carries no fuel, and therefore the risk of fire following an incident or accident due to fu el spillage is eliminated.

Additionally, sUASs could reduce the use of fixed-w ing aircraft to monitor sites. The sUASs Holder proposes to fly in this application weigh le ss than ten pounds, and carry no combustible materi al on board, as opposed to much larger conventionally powered aircraft that Holder currently uses to monitor its facilities. The limited weight signific antly reduces the potential for harm to participati ng and nonparticipating individuals or property in the eve nt of an incident or accident. The risk to an onboa rd pilot and crew during an incident or accident is el iminated with the use of a sUAS on Construction Jobsites. Reducing the use of manned aircraft, or s upplementing such flights through sUAS operations, presents the potential for a safety increase for Ho lder's workers and the public. Lastly, sUASs reduce the environmental impact by dramatically decreasing the energy used for aerial imaging and data collectionover a Construction Jobsite. Operation of lightweig ht sUASs powered by rechargeable lithium ion

batteries offers improved efficiencies as compared to the operation of other aircraft and vehicles tha t consume gasoline and present a significantly louder noise signature. The reduction of fixed-wing aircr aft
to monitor Construction Jobsites also reduces the r isk associated with human involvement and potential injury in aerial flyovers.



## IV. EQUIVALENT LEVEL OF SAFETY

Holder proposes that the exemption requested herein apply to civil aircraft that have the characteristics and that operate with the limitatio ns listed herein. These limitations provide for at least an equivalent or even higher level of safety to ope rations under the current regulatory structure because the proposed operations represent a safety enhancement to the already safe protocols followed at our Construction Jobsites and imaging a nd surveying operations conducted with other conventional aircraft. Holder will be bound by the following limitations when conducting its sUAS operations under this FAA issued exemption:

1. The proposed sUAS will be a quadcopter, the Phantom 3 Professional, and is manufactured by DJI. The total weight (Battery, onboard camera, and propellers included) is 1280g (2.82 pounds).

2. Flights will be operated within visual line of sigh t of a pilot and/or observer.

3. The sUAS will operate during daylight-only times (o fficial sunrise to official sunset, local
time.
4. The sUAS will yield right-of-way to other aircraft at all times.

5. The sUAS will be registered with the FAA and will i nclude appropriate markings and labels on the body of the sUAS.
6. Maximum total flight time for each operational flig ht will be 30 minutes. The UAS calculates battery reserve in real time, and will return to it s ground station with at least 20% battery power reserve should that occur prior to the 30 min ute limit.

7. Flights will be operated at an altitude of no more than 400 feet AGL.
8. Minimum crew for each operation will consist of the trained sUAS Pilot who will keep the sUAS within his visual line of sight (VLOS) at all times and one visual observer (VO). The VO and PIC will be able to communicate verbally at all times.
9. The sUAS Pilot will be trained in flight, operation s, and safety procedures as detailed in the
The Addendum.
10. The sUAS Pilot will be Pilot in Command (PIC).

11. The sUAS will only operate within a confined "Steri le Area" as defined in The Addendum to limit the ability of the sUAS to leave the Construc tion Jobsite.

12. Notification of flight operations to personnel at t he facility will be made through posted signs and onsite Job Safety meetings.
13. Notification of flight operations to the operator o f Holder's manned aerial patrol flights prior to flight commencement.

14. The sUAS will not be operated at a distance from cl ouds less than 500' below or 2000' horizontal, or when visibility is less than 3 statu te miles.

15. Holder will notify the FAA’s Air Traffic Organizati on (ATO) or local regulating authority of proposed flight plans. If necessary, the operator w ill obtain a Certificate of Waiver orAuthorization (COA) from the FAA's Air Traffic Orga nization (ATO) prior to conducting any operations.
16. Holder will follow the manufacturer’s UAS aircraft/ component, maintenance, overhaul, replacement, inspection, and life limit requirement s. 17. The Pilot will have been trained in operation of th e sUAS and receive up-to-date information on the particular sUAS to be operated should update s become available.
18. Operations will be limited to Holder Construction J obsites (Including Joint Venture Projects) at which third party access is controlled. A ‘Steri le Area’ will be provided as described in the
Addendum.
19. Operations will be limited to Holder Construction J obsites (Including Joint Venture Projects) at which full Owner approval and authorization to l everage the sUAS has been granted.
20. If the sUAS loses communications or loses its GPS s ignal, it will have the capability to automatically and safely return to a prec-coordinat ed, pre-determined location within the Security Perimeter and land with a predictable, aut omated flight maneuver.

21. The sUAS will have the capability to abort a flight in case of unpredicted obstacles or emergencies. The sUAS can host an on-board parachut e that will be deployed in the event of motor loss or emergency.

22. The radio frequency spectrum used for operation and control of the UAS will comply with the rules and regulations of the Federal Communicat ions Commission (FCC).



## V. DESCRIPTION OF SPECIFIC REGULATIONS

A. 14 C.F.R. §61.113 (a) & (b): Private pilot privileg es and limitations: Pilot in command

Sections 61.113 (a) & (b) limit private pilots to n on-commercial operations. Holder proposes that its sUAS PIC will have completed a minimum 2-Day Tr aining Program and at least 25-Hours of flight time in a safe and controlled environment pr ior to operating the sUAS on a Construction Jobsite as outlined in The Addendum. The airmanship skills necessary to operate the sUAS do not correlate significantly to the airmanship skill s necessary for piloting manned aircraft and, thus, exemption from the need for the PIC to hold a commercial pilot certificate is also requested. Unlike a conventional aircraft that carr ies the pilot and passengers, the sUAS is remotely controlled with no living thing on board. The areas of operation will be restricted to Holder Construction Jobsites (Including Joint Ventu re Projects) at which third party access is controlled, and all flights are planned and coordin ated in advance as set forth in The Addendum. The level of safety provided by the requirements in cluded in The Addendum exceeds that provided by a single individual holding a commercia l pilot's certificate operating a conventional aircraft. The risks associated with the operation o f the sUAS are so diminished from the level of risk associated with commercial operations contempl ated by Part 61 when drafted, that allowing operations of the sUAS as requested with a private pilot as the PIC exceeds the present level of safety achieved by 14 C.F.R. §61.113 (a) & (b). In addition, the PIC will undergo all necessary security screenings by the Department of Homeland Security that certificated airmen undergo.

B. 14 C.F.R. §91.103: Preflight actionThis regulation requires each pilot in command take certain actions before flight to insure the

safety of flight. An exemption is needed from this requirement as the PIC will take separate preflight actions, including checking for weather c onditions, checking flight battery requirements, checking takeoff and landing distance s, etc. They are outlined in The Addendum. These actions will provide an equivalent level of s afety.

C. 14 C.F.R. §91.119: Minimum safe altitudes

Section 91.119 establishes safe altitudes for opera tion of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimum s prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. This exemption is for a multi-rotor craft that flies sim ilarly to a helicopter, with vertical take-off and vertical landing, which will operate at altitudes u p to 400' AGL, so an exemption may be needed to allow such operations. As described in the Manua l, the sUAS will never operate at altitude higher than 400' AGL and will be limited to the are a with the security perimeter, where buildings and people will not be exposed to operations withou t their notification as described herein. The equivalent level of safety will be achieved given t he size, weight, speed of the sUAS as well as the location where it is operated. Flights will be over Holder properties at which third party access is controlled and Owner authorization is app roved. Because of the advance notice to onsite personnel as outlined in The Addendum, all a ffected individuals will be aware of the planned flight operations. Compared to flight operations with aircraft or roto rcraft weighing far more than the 2.8lb Phantom 3 Professional proposed herein and flammable fuel, any risk associated with Holder's operations is far less tha n those presently presented with conventional
aircraft. In addition, the low-altitude operations of the sU AS will ensure separation between these sUAS operations and the operations of convent ional aircraft that must comply with Section 91.119. Notification of flight operations w ill be provided to the operator of Holder's manned aerial patrol flights, which have a low alti tude waiver allowing for flight below 500' AGL.

D. 14 C.F.R. §91.121: Altimeter settings

This regulation requires each person operating an a ircraft to maintain cruising altitude by
reference to an altimeter that is set "...to the el evation of the departure airport or an appropriate altimeter setting available befor e departure." As the sUAS may not have a barometric altimeter, but instead a GPS altitude re ad out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to The Addendum and Safety Check list, confirming the altitude of the l aunch site shown on the GPS altitude indicator before flight.

E. 14 C.F.R. §91.151 (a): Fuel requirements for flight in VFR conditions

Section 91.151 (a) outlines fuel requirements for b eginning a flight in VFR conditions. Holder's sUAS is limited to operations in sterile and contro lled environments as outlined in TheAddendum, and has a limited range and flight time w hich require an exemption from 14 C.F.R.

91.151(a). The battery powering the sUAS provides approximatel y 35 minutes of powered flight. To meet the 30 minute reserve requirement in 14 C.F.R. §91. 151, sUAS flights would be limited to approximately 5 minutes in length. Given the limita tions on the sUAS's proposed flight area and the location of its proposed operations within a pr edetermined area, a longer time frame for flight in daylight or night VFR conditions is reaso nable.

Holder believes that an exemption from 14 C.F.R. §9 1.151(a) falls within the scope of prior exemptions. Operating the sUAS, in a controlled are a 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 sUAS. Additionally, limiting sUAS flights to 5 minutes would greatly reduce the utility for which the exemption will be granted

.

An equivalent level of safety can be achieved by li miting 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 PIC), whichever happens first. Because of the limited operating area under which sUAS flights will be conducted, this restriction will be more than adequate to ensure return of the sUAS to its planned landing zone.

Similar exemptions have been granted to other opera tions, including Exemptions 2689F, 5745, 10673, and 10808.

F. 14 C.F.R. §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 inspected as prescribed in subpart E of this part and shall b etween required inspections, except as provided in paragraph (c) of this section, have dis crepancies repaired as prescribed in part 43 of this chapter...," and others shall inspect or maint ain the aircraft in compliance with Part 43.

Given that these section and Part 43 apply only to aircraft with an Airworthiness Certificate, these sections will not apply to Holde r. Maintenance will be accomplished by the operator pursuant to the flight manual and o perating handbook as referenced in The Addendum. An equivalent level of safety will be ach ieved because these sUASs are very limited in size and will carry a small payload and operate only in authorized 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 Addend um, the operator will ensure that the sUAS is in working order prior to initiating flight, per form required maintenance, and keep a log of any maintenance performed. Moreover, the operator is th e person most familiar with the aircraft
and best suited to maintain the aircraft in an airw orthy condition to provide the equivalent level of safety.

********Pursuant to 14 C.F.R. Part 11, the following summar y is provided for publication in the

Federal Register, should it be determined that publ ication is needed:

Applicant seeks an exemption from the following rul es: 14 C.F.R. §§ 61.113( a) & (b); 91.103(b); 91.119; 91.121; 91.151(a); 91.405 (a); 9 1.407 (a) (1); 91.409 (a) (2); 91.409 ; (a) (2) and 91.417 (a) & (b) to operate commercia lly a small unmanned vehicle (15 lbs. or less) for aerial imaging and monitoring of Construction J obsites.

Approval of exemptions allowing commercial operatio ns of sUASs to monitor, inspect and improve quality on Construction Jobsites will enhan ce safety by reducing risk. Conventional aerial monitoring by aircraft impacts the environme nt. In contrast, the Phantom 3 Professional weighing under 3 lbs and powered by batteries elimi nates virtually all of that risk and environmental impact given the reduced mass and lac k of combustible fuel carried on board. The sUAS will carry no passengers or crew and, ther efore, will not expose them to the risks associated with manned aircraft flights. Although H older does not foresee completely replacing its manned flight operations with sUASs at this tim e, Holder hopes, that overtime, sUASs may reduce or supplement such manned programs.

The operation of the Phantom 3 Professional, conduc ted in the strict conditions outlined above, will provide an equivalent level of safety supporti ng 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 safer than conventional operations conducted with fixed-wing aircraft operating in close proximi ty to the ground and people.

Privacy All flights will occur over Holder Construction Job sites (Including Joint Venture Projects) at which third party access is controlled, Owner notificatio n and approval is granted, and signs will be posted notifying onsite personnel of the sUAS flyov er.

********

Satisfaction of the criteria provided in Section 33 3 of the Reform Act of 2012—size, weight, speed, operating capabilities, proximity to airport s and populated areas and operation within visual line of sight and national security - provid e more than adequate justification for the grant of the requested exemptions allowing commercial ope ration of applicant's sUASs on Construction Jobsites pursuant to The Addendum appe nded hereto.

Sincerely,William R. Turpin

Holder Construction Group, LLC