U.S. Department ofTransportation Docket Management System 1200 New JerseyAve., SE Washington, DC 20590
Re: Exemption Request Section 333 ofthe FAA Reform Act and Part 11 ofthe 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:
Pursuantto Section 333 ofthe FAA Modernization and Reform Act of2012 (the Reform Act) and 14 C.F.R Part 11, Davis & Floyd, an architectural and engineeringfirm, hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation ofits Small Unmanned Aircraft Systems ("sUASs") for aerial data collection for safety and monitoring ofsecured controlled environment construction sites and agricultural surveys so long as such operations are conducted within and under the conditions outlined herein or as maybe established bythe FAA as required by Section 333. As detailed in this documentthe requested exemption would permitthe operation of sUAS under controlled conditions in airspace thatis 1) limited 2) predetermined 3) controlled as to access and 4) would provide safety enhancements to the alreadybestpractices safety protocols followed byDavis & Floyd Aviation Department. Approval ofthis exemption would thereby enhance safety and fulfill the Secretary ofTransportation's (the FAA Administrator's) responsibilities to "

..establish requirements for the safe operation ofsuch aircraft systems in the national airspace system." Section 333 (c) ofthe Reform Act.
The name and address ofthe applicant is: Davis & Floyd, Frank M. Rice ChiefPilot 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. 91.10914 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 authorityto issue exemptions. This statutoryauthorityincludes exempting civil aircraft, as the term is defined under 40101 oftheAct, including sUASs, from the requirementthat all civil aircraft musthave a current airworthiness certificate.
The Administrator may grant an exemption from a requirement ofa regulation prescribed under subsection (a) or (b) ofthis section or any sections 44702-44716 ofthis title ifthe 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) ofthe Reform Act assists the Secretaryin determiningwhether sUASs may operate in the National Airspace System (NAS) without creating a hazard to the user, the public, or a threatto national security. In making this determination, the Secretarymust consider: • The sUAS's size, weight, speed, and operational capability; • Whetherthe sUAS operates within the visual line ofsight ofthe operator • Whetherthe sUAS operated outside ofhighly populated areas and away from close proximityto airports. Reform Act 333(a). Ifthe Secretary determines that a sUAS "mayoperate safelyin 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 multirotorvehicles, weighing 10 or fewer lbs. including payload. They operate under normal conditions at a speed ofno more than 50 knots and have the capabilityto hover, and move in the vertical and horizontal plane simultaneously. The sUASs will operate only in the pilot's visual line ofsight at all times. Such operations will insure thatthe sUASs will "not create a hazard to users ofthe national airspace system orthe public. "Reform Act Section 333 (b). Given the small size ofthe sUASs involved and the restricted environmentwithin which theywill operate, our application falls squarelywithin the zone ofsafety (an equivalent level of safety) in which Congress envisioned thatthe FAA must, by exemption, allow commercial operations ofsUASs to commence immediately.
Also due to the small size ofthe sUASs and the low altitudes and restricted areas in which our sUASs will operate, approval ofthe application presents no national securityissue.Given the clear direction in Section 333 ofthe Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalentlevel ofsafety surroundingthe proposed operations and the significant public benefit, including enhanced safety, the grant ofthe requested exemptions is in the public interest. Accordingly, Davis & Floyd requests thatthe FAA grantthe requested without delay.
II. PUBLIC INTEREST
This exemption application is expressly submitted to fulfill Congress' goal in passing Section 333(a) through (c) ofthe Reform Act. This law directs the SecretaryofTransportationto considerwhether certain unmanned aircraft systems may operate safelyin the NAS before completion ofthe rulemakingrequired under Section 332 ofthe Reform Act. By granting an exemption the FAA will fulfill Congress' intent ofallowing UAS to operatewith significant safety precautions in low risk environments.
The use ofsUASs on a construction site can significantly reduce the riskto workers of falls while inspecting, surveying, ormonitoring 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 ofworkplace 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 ofhelicopters and small aircraft to monitor agricultural sites. The sUASs we propose to fly in this application are less than ten (10) pounds, and carryno combustible material on board, as opposed to the much larger conventionally powered small aircraft. Shifting to sUASs from helicopters presents a marked safetyincrease for workers and the public. Lastly, sUASs reduce the environmental impactby dramatically reducing the energyused for aerial imaging and data collection. Our sUASs use rechargeable lithium ion batteries, as opposed to fossil fuels burned in operation ofsmall aircraft that are manyhundreds oftimes heavier.
III. EQUIVALENT LEVEL OF SAFETY
Davis & Floyd proposes thatthe exemption requested herein applyto civil aircraftthat have the characteristics and that operate with the limitations listed herein. These limitations provide for at least an equivalent or even higher level ofsafetyto operations under the current regulatory structure because the proposed operations represent a safety enhancementto 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 bythe 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 ofsight ofa pilot.3 Maximum total flight time for each operational flight will be 30 minutes. The UAS calculates batteryreserve in real time, and will return to it ground station with atleast 20% batterypower reserve should that occur priorto the 30 minute limit. 4 Flights will be normally operated from the surface to an altitude of200 feet AGL, never exceeding 400 feet AGL. 5 Crew for each operation will consist ofthe sUAS pilot and a visual observer (VO) who will keep the sUAS within his visual line ofsight at all times. 6 The sUAS pilot and VO will be trained in flight operations and safetyprocedures. 7 The sUAS will only operatewithin a predetermined area. 8 A briefing will be conducted in regard to the planned sUAS operations prior to each day's production activities. Itwill be mandatorythat all personnel who will be performing duties within the boundaries ofthe safety perimeterbe present for this briefing. 9 All onsite personnel will consentto the UAS flyover on site bywaiver,- and the operator will obtain additional verbal or written consent ofall persons who will be allowed within 100 feet ofthe flight operation. 10 The pilot will have been trained in operation ofUASs and receive up-to-date information on the particularUAS to be operated. 11 Written and/or oral permission from the relevant propertyholders will be obtained. 12 All required permissions and permits will be obtained from territorial, state, county, or cityjurisdiction, including local law enforcement, fire, or other appropriate governmental agencies. 13 Ifthe sUAS loses communications orloses its GPS signal, itwill have the capabilityto return to a pre-determined location within the Security Perimeter and land. 14 The sUAS will have the capabilityto abort a flight in case ofunpredicted 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 ofairworthiness 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 Hmeets the requirements ofan equivalentlevel ofsafetyunder 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 requirementfor an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximityto airports and populated areas ofthe particular UAS. Our small UAS will be operated at low speed in a controlled environment, atleastfive miles from an airport and more thanthree miles from any city or denselypopulated area. An analysis ofthese criteria demonstrates thatthe UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be atleast as safe, or safer, than conventional aircraft (fixed wing orhelicopter) operatingwith an airworthiness certificate withoutthe 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 betightly controlled and monitored bythe operator, and underthe requirements and in compliance with local public safetyrequirements, to providesecurityfor the area ofoperation as is currently done on active construction sites and agricultural data collection venues. These safety enhancements, which already applyto civil aircraft operated in connection with construction sites, provide a greater degree ofsafetyto the public and property owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application ofthese same criteria demonstrates thatthere is no credible threatto national securityposed bythe UAS, due to its size, speed ofoperation, location ofoperation, lack ofexplosive materials orflammable liquid fuels, and abilityto carryand external load no greaterthan two lbs.
14 C.F.R. 45.23(b): Marking oftheAircraft
This regulation requires certain experimental, provisionally certified aircraft, or light-sport categoryaircraft 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 maybe needed as the UAS will have no entrance to the cabin, cockpit, orpilot station on which the word "Experimental" can be placed. Given the size ofthe sUAS, two-inch letteringwill be impossible. The word "Experimental" will be placed on the fuselage in compliance with 45.29(f).
The equivalent level ofsafetywill be provided byhaving the sUAS marked on its fuselage as required by45.29(f) where the pilot, observers and others workingwith the sUAS will see the identification ofthe 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 pilotprivileges and limitations: Pilotin command
Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Because the UAS will not carrya pilot or passengers, the proposed operations can achieve the equivalentlevel of safety ofcurrent operations byrequiring the pilot operatingthe aircraftto have completed a UAS flight training course of 100 hours before flying a UAS. Unlike a conventional aircraftthat carries the pilot and passengers, the sUAS is remotelycontrolled with no livingthing or cargo on board. The area ofoperation 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 ofthe sUAS as requested with a pilotwho has metthe minimum requirements exceeds the presentlevel ofsafety achieved by 14 C.F.R. 61.113 (a) & (b).14 C.F.R. 91.7 (a): Civil aircraftairworthiness
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 standardwill exist for determining airworthiness. Given the size ofthe aircraft and theuse ofsafety checklists priorto each flight, as setforth in Section Band Section G, an equivalent level ofsafetywill be provided.
14 C.F.R. 91.9 (b)(2): Civil aircraftflight 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 onlybecause there is no pilot on board, butbecause there is no room or · capacityto carry such an item on the aircraft.
The equivalent level ofsafetywill be maintained bykeeping the flight manual atthe ground control pointwhere 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: PreflightAction
This regulation requires each pilot in command to take certain actions before a flight to ensure the safety offlight. An exemption is needed from this requirement as the pilotwill take separate preflight actions, including checking for weather conditions, checking flight battery requirements, checking takeoffand landing distances, and all other actions in the Preflight Checklist in the Manual. These actions will provide an equivalentlevel ofsafety.
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 nothave fully functional dual controls. Flight control is accomplished through the use ofa control box that communicates with the aircraftvia radio communications. The FAA has previously approved exemptions for aircraftwithout fully functional dual controls. See Exemption Nos. 5778K & 9862A. The equivalentlevel ofsafety provided by the fact that neither a pilot norpassengers will be carried in the aircraft, the ability to control the sUAS via radio signals from the controller, and bythe size and speed ofthe aircraft.
14 C.F.R. 91.119: Minimum Safe Altitudes
Section 91.119 establishes safe altitudes for operation ofcivil aircraft. Section 91.119 (d) allows helicopters to be operated atless than the minimums prescribed, provided the person operatingthe helicopter complies with any route or altitudes prescribed for helicopters bythe FAA. This exemption is for a multirotor craftthatflies similarlyto a helicopter, with verticaltakeoffand vertical landing, which will typically operate at altitudes of200 AGL, so an exemption maybe needed to allow such operations. The UAS will never operate at altitude higher than 400 AGL and will be in a restricted area with securityperimeter, where buildings and people will not be exposed to operations withouttheir pre-obtained consent. No flight will be taken withoutthe permission ofthe propertyowner orlocal officials. Because ofthe advance notice to the propertyowner and any onsite personnel, all affected individuals will be aware ofthe planned flight operations. Compared to flight operations with aircraft or rotorcraft weighing far more thatthe maximum 10 lbs. proposed herein and carrying flammable fuel, any risk associated with our operations ofthe sUAS will ensure separationbetween these small UAS operations and the operations ofconventional aircraftthat must complywith Section 91.119.
14 C.F.R. 91:121: Altimeter Settings
This regulation requires each person operatingan aircraftto maintain cruisingaltitude by reference to an altimeterthatis set "

..to the elevation ofthe departure airport or an appropriate altimeter setting available before departure." As the sUAS may nothave a barometric altimeter, _but instead a GPS altitude read out, an exemption may be needed. An equivalentlevel ofsafety will be achieved bythe operator, pursuantto the Safety Checklist, confirmingthe altitude ofthe launch site shown on the GPS altitude indication before flight.
14 C.F.R. 91.151 (a): Fuel requirementsfor 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 batterypoweringthe sUAS provides approximately 25 minutes ofpowered flight. To meet the 30 minute reserve requirement in 14 CFR 91.151, sUAS flights would notfly. Given the limitations on the UAS's proposed flight area and the location ofits proposedoperations within a predetermined area, a longer time frame for flight in daylight or nightVFR conditions is reasonable.
Davis & Floyd believes that an exemption from 14 CFR 91.151 (a) falls within the scope ofprior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operatewithout compliance with FAR 91.151 (a)). Operatingthe 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 ofreserve fuel, does not engenderthe type ofrisks that Section 91.151 (a) was intended to alleviate given the size and speed ofthe small UAS. Additionally, limiting sUAS flights to 10 minutes would greatlyreduce the utility for which the exemption will be granted.
An equivalent level ofsafety can be achieved bylimiting flights to 30 minutes, or enough battery reserve to ensure thatthe sUAS lands atthe ground stationwith atleast 20% ofbatterypower (as determined bythe 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) ofthis section or a special flight authorization issued under 91.715 is displayed at the cabin or cockpit entrance so thatit is legible to passengers or crew. The UAS fully loaded weighs no more than 10 lbs. and is operatedwithout an onboard pilot. Therefore there is no ability or place to carry certification and registration documents orto display them on the sUAS.
An equivalent level ofsafetywill be achieved bykeeping these documents atthe ground control pointwhere the pilot flying the sUAS will have immediate access to 

### them, to the extentthey are applicable to the sUAS. The FAA has issued numerous exemptions to this regulation. A representative sample ofother exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 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 Eofthis part and shall between required inspections, except as provided in paragraph© ofthis section, have discrepancies repaired as prescribed in part43 ofthis chapter.

..," and others shall inspect ormaintain the aircraft in compliance with Part43.
Given thatthese sections and Part43 apply onlyto aircraftwith an airworthiness certificate, these sections will not applyto Davis & Floyd. Maintenance will be accomplished bythe operator pursuantto the flight manual and operatinghandbook. An equivalentlevel ofsafetywill be achieved because these small UASs are verylimited in size and will carrya small payload and operate only in restricted areas for limited periods oftime. Ifmechanical issues arise the UAS can land immediately and will be operatingfrom no higher than 400 feet AGL. As provided in the Manual, the operatorwill ensure thatthe UAS is in working order priorto initiating flight, perform required maintenance, and keep a log ofanymaintenance 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 equivalentlevel ofsafety. 

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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 ofexemptions allowing commercial operations ofsUASs 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 UAS weighing fewer than 10 lbs. and powered by batteries eliminates virtually all of that risk given the reduced mass and lack ofcombustible 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 ofsmall UASs, weighing less than 10 lbs., conducted in the strict conditions outlined above, will provide an equivalent level ofsafety supporting the grant ofthe exemptions requested herein, including exempting the applicant from the requirements ofPart 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 ofindividuals who have also consented to being filmed or otherwise have agreed to be in the area where aerial data collection will take place.


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Satisfaction ofthe criteria provided in Section 333 ofthe 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 adequatejustification for the grant ofthe requested exemptions allowing commercial operation ofapplicant's UASs in construction and agricultural industry.

Sincerely, 

# c[f;;:;1Plk

Frank M. Rice ChiefPilot Davis & Floyd