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. 45.23(b); 14 CFR Part 21; 14 CFR 61.113(a) & (b); 

91.7(a); 91.9(b) (2); 91.103(b); 91.109; 91.119; 91.121; 91.151(a) & (b); 

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, Davis & Floyd, an architectural and engineering firm, hereby 

applies for an exemption from the listed Federal Aviation Regulations ("FARs") to allow 

commercial operation of its Small Unmanned Aircraft Systems ("sUASs") for aerial data 

collection for safety and monitoring of secured controlled environment construction sites and 

agricultural surveys 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 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 Davis & Floyd Aviation Department. 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. 

The name and address of the applicant is: 

Davis & Floyd, 

Frank M. Rice 

Chief Pilot 

1319 Hwy72 221 East 

Greenwood, S.C. 29649 

Phone: (864) 229-5211 

Email: frice@davisfloyd.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 

14 C.F.R. 91.151 (a) 

14 C.F.R. 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) 

1. 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 of this title if the 

Administrator finds the exemption in the public interest. 49 U.S.C. 44 701(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 sUASs 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 operated 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 ih the national airspace system." !d. 333(c). 

Davis & Floyd's sUASs 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 sUASs will 

operate only in the pilot's visual line of sight at all times. Such operations will insure that the 

sUASs 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 s UASs involved and the restricted 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 sUASs to commence immediately. 

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

which our sUASs will operate, approval of the application presents no national security issue. 
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 of safety surrounding the proposed 

operations and the significant public benefit, including enhanced safety, the grant of the 

requested exemptions is in the public interest. Accordingly, Davis & Floyd requests that the FAA 

grant the requested 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' intent of allowing UAS to operate with significant safety 

precautions in low risk environments. 

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

falls while inspecting, surveying, or monitoring site progress. sUASs can inspect, photograph, 

and collect data on hard to get to areas that otherwise would require worker inspection. Falls 

are the leading source of workplace fatality and injury on construction sites, and reducing falls 

through sUAS use for site imaging could save workers lives. 

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

agricultural sites. The sUASs we propose to fly in this application are less than ten (10) 

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

conventionally powered small aircraft. Shifting to sUASs from helicopters presents a marked 

safety increase for workers and the public. 

Lastly, sUASs reduce the environmental impact by dramatically reducing the energy used 

for aerial imaging and data collection. Our sUASs use rechargeable lithium ion batteries, as 

opposed to fossil fuels burned in operation of small aircraft that are many hundreds of times 

heavier. 

III. EQUIVALENT LEVEL OF SAFETY 

Davis & Floyd proposes that the exemption requested herein apply to civil aircraft that 

have the characteristics and that operate with the limitations listed herein. These limitations 

provide for at least an equivalent or even higher level of safety 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. 

Davis & Floyd 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 it ground station with at least 

20% battery power reserve should that occur prior to the 30 minute limit. 

4 Flights will be normally operated from the surface to an altitude of 200 feet AGL, never 

exceeding 400 feet AGL. 

5 Crew for each operation will consist of the sUAS pilot and a visual observer (VO) who will 

keep the sUAS within his visual line of sight at all times. 

6 The sUAS pilot and VO will be trained in flight operations and safety procedures. 

7 The sUAS will only operate within a predetermined 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 The pilot will have been trained in operation of UASs and receive up-to-date 

information on the particular UAS to be operated. 

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 jurisdiction, including local law enforcement, fire, or other appropriate governmental 

agencies. 

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

return to a pre-determined location within the Security Perimeter and land. 

14 The sUAS will have the capability to abort a flight in case of unpredicted obstacles or 

emergencies. 

IV. DESCRIPTION OF SPECIFIC REGULATIONS 

14 CFR 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 be utilized by Davis & Floyd, an exemption 

from Part 21 Subpart H meets the requirements of an equivalent level of safety under Part II and 

Section 333 ofthe Reform Act. The Federal Aviation Act (49 U.S.C 44701 (f) and Section 333 of 

the Reform Act both authorize the FAA to exempt aircraft from the requirement for an 

airworthiness certificate, upon consideration of the size, weight, speed, operational capability, 

and proximity to airports and populated areas of the particular UAS. Our small UAS will be 

operated at low speed in a controlled environment, at least five miles from an airport and more 

than three miles from any city or densely populated area. An analysis of these criteria 

demonstrates that the UAS operated without an airworthiness certificate, in the restricted 

environment and under the conditions proposed will be at least as safe, or safer, than 

conventional aircraft (fixed wing or helicopter) operating with an airworthiness certificate 

without the restrictions and conditions proposed. 
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. Like other civil aircraft, operations under this exemption will be tightly 

controlled and monitored by the operator, and under the requirements and in compliance 

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

currently done on active construction sites and agricultural data collection venues. 

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. Lastly, application of these same criteria demonstrates that there is no 

credible threat to national security posed by the UAS, due to its size, speed of operation, 

location of operation, lack of explosive materials or flammable liquid fuels, and ability to 

carry and external load no greater than two lbs. 

14 C.F.R. 45.23(b): Marking of the 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 UAS will have no airworthiness certificate, an exemption may be needed as the 

UAS will have no entrance to the cabin, cockpit, or pilot station on which the word 

"Experimental" can be placed. Given the size of the sUAS, two-inch lettering will be impossible. 

The word "Experimental" will be placed on the fuselage in compliance with 45.29(f). 

The equivalent level of safety will be provided by having the sUAS marked on its fuselage as 

required by 45.29(f) where the pilot, observers and others working with the sUAS will see the 

identification of the UAS as "Experimental" The FAA has issued the following exemptions to 

this regulation. Exemptions Nos. 10700, 8738, 10167 and 10167 A. 

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 UAS 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 UAS 

flight training course of 100 hours before flying a UAS. Unlike a conventional aircraft that carries 

the pilot and passengers, the sUAS is remotely controlled with no living thing or cargo on board. 

The area of operation is controlled and restricted, and all flights are planned and coordinated in 

advance. The risks associated with commercial operations contemplated by Part 61 when 

drafted, that allowing operations of the sUAS as requested with a pilot who has met the 

minimum requirements exceeds the present level of safety achieved by 14 C.F.R. 61.113 (a) & 

(b). 
14 C.F.R. 91.7 (a): Civil aircraft airworthiness 

The regulation requires that no person may operate a civil aircraft unless it is in airworthy 

condition. As there is no airworthiness certificate issued for the aircraft, should this exemption 

be granted, no FAA regulatory standard will exist for determining airworthiness. Given the size 

of the aircraft and the use of safety checklists prior to each flight, as set forth in Section B and 

Section G, an equivalent level of safety will be provided. 

14 C.F.R. 91.9 (b)(2): Civil aircraft flight manual, marking, and placard requirements 

The sUAS, given its size and configuration has no ability or place to carry such a flight manual 

on the aircraft, not only because there is no pilot on board, but because there is no room or · 

capacity to carry such an item on the aircraft. 

The equivalent level of safety will be maintained by keeping the flight manual at the ground 

control point where the pilot flying the sUAS will have immediate access to it. The FAA has 

issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 

9299A, 9565, 9565B, 10167, 10167 A, 10602, 32827, and 10700. 

14 C.F.R. 91.103: Preflight Action 

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

14 C.F.R; 91.109 Flight Instruction 

Section 91.103 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. 

By design, sUAS and remotely piloted aircraft do not have fully functional dual controls. Flight 

control is accomplished through the use of a control box that communicates with the aircraft via 

radio communications. The FAA has previously approved exemptions for aircraft without fully 

functional dual controls. See Exemption Nos. 5778K & 9862A. The equivalent level of safety 

provided by the fact that neither a pilot nor passengers will be carried in the aircraft, the ability 

to control the sUAS via radio signals from the controller, and by the size and speed of the aircraft. 

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 UAS 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. 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, all affected individuals will be 

aware of the planned flight operations. Compared to flight operations with aircraft or rotorcraft 

weighing far more that the maximum 10 lbs. proposed herein and carrying flammable fuel, any 

risk associated with our operations of the sUAS will ensure separation between these small UAS 

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 Safety Checklist, confirming the altitude of the 

launch site shown on the GPS altitude indication before flight. 

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. Our UAS is 

limited to operations in sterile and controlled environments as outlined above 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 25 minutes of powered flight. To meet 

the 30 minute reserve requirement in 14 CFR 91.151, sUAS flights would not fly. Given the 

limitations on the UAS'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. 

Davis & Floyd 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 UAS, 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 sUAS flights 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 91.203 (a) & (b): Carrying civil aircraft certification and registration. 

The regulation provided in part: 

a) 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 .... 

b) No person may operate a civil aircraft unless he airworthiness certificate required by 

paragraph (a) of this section or a 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 UAS fully loaded weighs no more than 10 lbs. and is operated without an onboard pilot. 

Therefore there is no ability or place to carry certification and registration documents or to 

display them on the sUAS. 

An equivalent level of safety will be achieved by keeping these documents at the ground control 

point where the pilot flying the sUAS will have immediate access to them, to the extent they are 

applicable to the sUAS. The FAA has issued numerous exemptions to this regulation. A 

representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 

9797, 9797 A, 9816A, and 10700. 

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 inspected as 

prescribed in subpart E of this part and shall between required inspections, except as provided 

in paragraph© ofthis 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 Davis & Floyd. Maintenance will be accomplished by the operator 

pursuant to the flight manual and operating handbook. An equivalent level of safety will be 

achieved because these small UASs 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 UAS can 

land immediately and will be operating from no higher than 400 feet AGL. As provided in the 

Manual, the operator will ensure that the UAS is in working order prior to initiating flight, 

perform required maintenance, and keep a log of any maintenance performed. Moreover, the 

operator is the person most familiar with the aircraft and best suited to maintain the aircraft in 

an airworthy condition to provide the equivalent level of safety. 

********** 
.. 

Pursuant to 14C.F.R. Par 11, the following summary is provided for publication in the Federal Registration, 

should it be determined that publication is needed: 

Applicant seeks an exemption form 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) & 

(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 (551lbs or less) in construction operations. 

Approval of exemptions allowing commercial operations of sUASs in the construction and agricultural 

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 on board human pilot. 

In contrast, a s U AS 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 UASs, 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 speed, 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 

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 data collection will take place. 

********** 

Satisfaction of the criteria provided in Section 333 of the Reform Act of2012-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 UASs in construction and agricultural 

industry. 

Sincerely, 

c[f;;:;1Plk Frank M. Rice 

Chief Pilot 

Davis & Floyd