# HASKELL

December21, 2015

U.S. Department of Transportation Docket Operations West Building Ground Floor, Room W12-140 1200 NewJerseyAvenue, SE Washington, DC 20590 Dear Sir or Madam: The Haskell Company tel 904.791.4500 111 Riverside Avenue fax 904.791.4699 Jacksonville, Fl32202 web www.haskell.com

Danny Parmenter Vice President

- Construction Support Re: Exemption Request Section 333 ofthe FAA Reform Act and Part II of the Federal Aviation Regulations

Pursuantto Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act" or "Section 333"), Subsection (f) of 49 U.S.C. 

### § 44701, and 14 C.F.R. Part 11, The Haskell Company (Haskell) seeks an exemption from the Federal Aviation Regulations ("FARs") listed belowand discussed in Appendix A to allow it to operate the DJI Inspire 1, DJI Inspire 1 Pro, DJI Phantom 2 Vision Plus, DJI Phantom 3 Advance and DJI Phantom 3 Professional ( "Haskell's sUAS"). Haskell is a design/construction firm that designs and constructs buildings and acts as a general contractor in a numberof industries including, without limitation, healthcare, education, hospitality, industrial, entertainment and retail, office and corporate headquarters. Haskell plans to use the sUASfor aerial imagery, inspection and data collection servicesfor its projects acrossthe United States. The information collected bythe sUAS will help Haskell inspect, monitor and oversee its design/construction projects. This will in turn translate to improved and more real-time decisions in design and construction thatwill enhance overall safety and lead to economic efficiencies. Thesafety and public benefits of using the sUAS in commercial construction applications are significant. The sUAS reduce the need to operate manned aircraft in unconventional operations, provide more accurate data in a mannerthat is more safe, economical and efficient, and with a reduced impact on the environment. Importantly, use of the sUAS also allows Haskell to limit inspections and construction site monitoring that must otherwise be accomplished by individuals, often times involving lifts, ladders, scaffolds and other equipment at a height above the surface. Injuries and fatalities of construction workers performing such tasks are welldocumented. Accordingly, use ofthe sUAS forthese services will result in increased safetyfor construction workers. Operations pursuantto the exemption will be subjectto strict operating requirements and conditions to ensure at least an equivalent level ofsafetyto currently authorized operations using manned aircraft and under conditions as may be modified by the FAA as required by Section 333. Haskell's sUAS are multirotorvehicles weighting 11 orfewer pounds including payload. The sUAS are powered electrically via small, lithium polymer batteriesthat driveU.S. DepartmentofTransportation December21, 2015 Page 2

electric propellers and they operate ata cruising speed of no more than 25 meters persecond. The sUAS were designed with extensive automated control features, redundant systems, and integrated fail-safes, and they will be operated undercontrolled conditions and at low altitudes in airspace that is limited in scope. Though the sUAS may safely be operated by one person, flight operations performed pursuant to this exemption will consist of at leasttwo people: a pilot-in-command ("PIC") and visual observer ("observer'').
The PIC is responsible forthe direct and safe operation of the sUAS, monitoring theirstatus and flight dynamicswhile maintaining visual line of sight and keeping the flight within the manufacturer's specified limits in terms of wind, flight range, battery life, and other operating limitations. The observerwill be responsible for monitoring the airspacefor other aircraft and hazards, advising the PIC before and during flight of all such observed risks, and monitoring the controlled operating area. Individuals acting asthe PIC will familiarize themselves with Haskell's SOP. The PIC will be a certificated airman who holds either an airline transport, commercial, private, recreational or sport pilot certificate. The PIC mustalso hold a current FAA airman medical certificate or avalid U.S. driver's license issued by a state, the District of Columbia, Puerto Rico, a territory, possession, orthe federal government. Because the sUAS will be used in lieu of comparatively higher risk operations nowconducted with eitherfixed wing and rotary manned aircraft or by individuals, the FAA can have confidence that Haskell's operationswill achieve at least an equivalent level of safety and fulfill the SecretaryofTransportation's responsibilities under Section 333(c) ofthe Reform Act to "establish requirements forthe safe operation of such aircraft systems in the national airspace system." Moreover, the FAA has already granted many333 exemption requests for operation of the sUAS models requested here. [See, e.g, FAA Exemption Nos. 11325; 11351; 11357; 11325, 11327.] Accordingly, it should grantthis exemption request without delay

. Applicant Information
The name ofthe applicant is: The Haskell Company
The primary contactforthis application is: Mr. Danny Parmenter The Haskell Company 111 Riverside Avenue Jacksonville, FL 32202
Phone: 904-791-4623 E-mail: danny.parmenter@haskell.comU.S. Department ofTransportation December21,2015 Page 3

Exemptions Requested Haskell respectfully requests exemptionsfrom the following regulations: 1
14 C.F.R. Part21, Subpart H; 14 C.F.R. § 91.7 (a) and (b); 14 C.F.R. § 91.9(b)(2); 14C.F.R. §91.113; 14C.F.R. § 61.113(a) and (b); 14 C.F.R. § 61.133(a); 14 C.F.R. § 91.119(c}; 14 C.F.R. § 91.121; 14 C.F.R. § 91.151; 14 C.F.R. § 91.203; 14 C.F.R. § 91.405(a} and (b); 14 C.F.R. § 91.407(a)(1); 14 C.F.R. § 91.409(a)(1)-(2}; and 14 C.F.R. § 91.417(a).

THE APPLICABLE LEGAL STANDARD UNDER SECTION

### 333 Grant of this exemption application for use of the sUAS in precision aerial photography, data collection and inspection and monitoring applications will advance the Congressional mandate in Section 333 of the Reform Act to accelerate the introduction of UAS intothe national airspace system ("NAS"} if it can be accomplished safely. This lawdirectsthe Secretary of Transportation to considerwhether certain UAS may operate safely in the NAS before

1 As setforth in Appendix B, Haskell will operate undersimilaroperating conditions asthose required in the othergrants of exemption, in which exemptionsfor certain FARs were deemed bythe FAA as "not necessary." Accordingly, Haskell does not request FAA exemption from 14C.F.R. 45.23(b), 91.103, and 91.109(a)

. Ifthe FAA determines that relieffrom these or anyother regulation is required fortheoperations proposed herein, Haskell will be happyto submitan amendmenttothis request and include f justificationsforthose necessaryadditional exemptions

.U.S. Department ofTransportation December21, 2015 Page 4

completion ofthe rulemaking required under Section 333 of the Reform Act. In making this determination, the Secretary is required to determine which types of UAS do notcreate a hazard to users of the NAS orthe public, or pose a threatto national security in light of the following:

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

• Operation ofthe UAS in close proximityto airports and populated areas; and

• Operation of the UAS within visual line of sight ofthe operator

. Reform Act§ 333(a)(1). Ifthe 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." 

### /d. § 333(c) (emphasis added).2 The Federal Aviation Act expressly grants the FAA the authorityto issue exemptions. This statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under §40101 of the Act, from the requirement that all civil aircraft must have a current airworthiness certificate and those regulations requiring commercial pilots to operate aircraft in commercial service:
The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) ofthis section or any of sections 44702-44716 ofthis title if the Administratorfinds the exemption is in the public interest.
49 U.S.C. § 44701 (f). 

### See also49 USC §44711 (a); 49 USC §44704.
The grant ofthe requested exemption is in the public interest based on the clear direction in Section 333 of the Reform Act; the additional authority in the Federal Aviation Act, as amended; the strong equivalent level of safetysurrounding the proposed operations; and the significant public benefit, including enhanced safety and cost savings associated with transitioning to UAS for aerial imagery, data collection and inspection services. Haskell therefore respectfully requests that the FAA grantthe requested exemption without delay.

2 This provision places a duty on the Administratorto notonly process applications forexemptions under Section 333, butforthe Administrator, if he deems the conditions proposed herein to require modification in orderto allowapproval, to supply conditions for the safe operation ofthe UAS

. Haskell welcomes the opportunityto consultwith FAAstaffto address any issues or concernsthat this proposal may raise that FAA staff believes may require modification

.U.S. Department ofTransportation December21, 2015 Page 5

Airworthiness of Haskell's sUAS One elementofthe exemption application involves evidence ofthe airworthiness ofthe sUAS. Haskell believes thatthe sUAS have been shown to be airworthy and compliantwith a significant level of safety. The many previous 333 Grants of Exemptions by the FAAfurther highlightthat operations of the sUAS will not adversely affect safetywhen compared to similar operations conducted byaircraft that have been issued an airworthiness certificate under 14 C.F.R. Part 21, Subpart 

### H. [e.g., FAA Exemption Nos. 11357, 11325.] To enhance safety, it is also importantto note that Haskell's sUAS are equipmentwith automatedfeatureswhich enhance safe takeoff,flight and landing in many conditions, further details of which are provided in the manufacturer's user manuals. To maintain airworthiness, Haskell will followthe inspection and maintenance programs designed specificallyforthe sUAS bytheir manufacturer. Those programs are enhanced by an inflight monitoring system forthe sUASthat monitor current position, wind speed and direction, battery charge, flight time, and altitude, including both above the takeoff location and above sea level. If onboard sensors detect a critical situation at anytime (low battery, close proximity to the ground, weak data link signal, etc.) the sUASwill automatically initiate a preprogrammed safety procedure. In the event of any malfunction, the sUAS will undergo all maintenance required by the manufacturerand undergoflight testing before recommencing commercial operations. Proposed Operations and Associated Conditions Haskell intendsto use the sUAS that weigh significantly less than 55 poundsforthe purpose of collecting aerial photography and data, aswell as aerial inspection and monitoring applications at commercial construction sites

. All ofthe sUAS operations will occur undertightly controlled conditions on privatelyowned land atthe owner's request and/orconsent, solelyduring daylight hours, and at altitudeswell below thatwhich would pose a risk to otheraircraft. The operationswill take place in areas awayfrom people, crowds and airports. Moreover, dueto the nature and purpose ofthe operations, Haskell anticipatesthat itwill fly the sUAS at relatively low altitudes and speeds. The risk of interference with another aircraft istherefore minimal. Grant ofthis exemption to Haskell will be subjecttothe conditions listed in Appendix B, which are based upon the operating conditions required by the FAA's previous grants of exemptions. The sUAS are characterized by a high degree of pre-programmed control and various built-in technical capabilities that limit the potential for operation outside ofthe conditions setforth in Appendix B. Theywere also designedwith internalfunctional and safetyfeaturesto assistthe operator in safe and reliable operation. With pre-programmedflights and manual control,U.S. DepartmentofTransportation December21, 2015 Page 6

operators can easily maintain separation from manned aircraft operations and avoid other hazards. In the controlled environment underthe operations conditions in Appendix B, operations will remain within visual line-of-sight ("VLOS") and below 400 feet AGL. In addition, Haskell will obtain any required Certificate ofWaiverorAuthorizations from the FAA AirTraffic Organization to address airspace requirements and provide notification bya Notice to Airman (NOTAM). Operator Requirements
As a condition tothe grant ofthe exemptions, Haskell will require that the PIC hold eitheran airline transport, commercial, private, recreational or sport pilot certificate. The PIC mustalso hold a current FAA airman medical certificate or avalid U.S. driver's license issued by a state, the District of Columbia, Puerto Rico, a territory, possession, or the federal government. The PIC will also be subjectto theflight review requirements pursuantto the Federal Aviation Regulations ("FARs"). In addition, the PIGs will familiarize themselves with Haskell's SOP. Haskell does not believe that certified airmen, medical certificates, and the related operating conditions, are necessaryor required to operate the sUAS. However, Haskell will acceptthese requirements as a condition to the grantof this exemption. If, and when, the FAA finds such conditions unnecessaryfor operations conducted pursuant to Section 333 exemptions, Haskell respectfully reserves the right to amend its operating conditions and request exemption from the relevant FARs to operate without such conditions. Public Interest
The use of the sUAS in lieu of comparatively hazardous operations currently conducted with conventional fixed wing and rotary aircraft offers a netsafety benefit and will achieve an enhanced level of safety, as mandated under Section 333(c) ofthe Reform Act. Approval ofthis application will also benefit the public interest by allowing better, safer, and more cost efficient information for Haskell and the public. Moreover, it will lessen the need for inspections by individuals that must often use equipmentto observe construction sitesfrom heights above the surface. Conventional aerial photography, inspection and monitoring operations using manned aircraft involve heavyaerial aircraftthat musttransitfrom airports to the operational location, carrying significant amounts of combustible fuel, and a multi-person crew. Manned aircraft are also at risk offuel spillage andfire in the event of an accident or incident. By contrast, use of the sUAS is safe, economical and efficient. The sUAS are carried (notflown) to andfrom the area of activity, removing the needfor an airborne crew, and pose less risk to people and infrastructure on the ground, as well as other aircraft.
No national security issue is raised by the grant ofthe requested exemptions. Given the size, load-carrying capacity, the speed atwhich the sUAS operates (less than 25 meters persecond),U.S. Department ofTransportation December21, 2015 Page 7

and the fact that they do notcarry explosives or other dangerous materials, the use of the sUAS pose no threatto national security. In fact, the threat of causing damage to property is significantly reduced with the extremely low weight of the sUAS and limited operating areas. Any other security concerns are ameliorated by the fact that all individuals holding an FAA airman certificate are subject to a security screening bythe U.S. Department of Homeland Security. 49 U.S.C. 

### § 449030)(2)(D)(i).
The grant of the requested exemption is in the public interest based on the clear direction in Section 333, the Federal Aviation Act, 3the high and equivalent level of safety of the proposed operations, and the significant public benefit, including enhanced safety and cost savings to be realized as a result of th use of the sUASfor aerial imagery, datacollection and inspections. It is also in-line with the ,re ious Grants of Exemption bythe FAAforthe same and similar sUAS models. [FAA Exemp(io Nos. 11357, 11325, 11327.]Accordingly, Haskell respectfully requests that th FAA grant an pedited exemption.



# ~ Danny Par enter Vice President

- Construction Support

3 The Federal Aviation Act expressly grantsthe FAAthe authorityto issue exemptions:TheAdministrator maygrantan exemption from a requirement of a regulation prescribed undersubsection (a) or(b) of this section orany ofsections 44702- 44716 of thistitle if the Administratorfinds the exemption is in the public interest. 49 U

.S

.C. § 44701 (f).APPENDIX A EXEMPTION REQUEST AND EQUIVALENT LEVEL

### 0 FSAFETY SHOWINGS UNDER APPLICABLE RULES SUBJECTTO EXEMPTION
14 C.F.R. Part 21,Subpart H: Airworthiness Certificates 14 CFR § 91.203(a)(1) Section 91.203(a)(1) requires all civil aircraftto have a certificate of airworthiness. Part 21 , 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 very small size of the aircraft and the limited operating area associated with their utilization, it is unnecessaryto go through the certificate of airworthiness process under Part 21 Subpart Hto achieve orexceed current safety levels.4
Such an exemption meets the requirements of an equivalent level ofsafety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act and Section 333 of the Reform Act both authorize the FAAto exemptaircraftfrom the requirementfor an airworthiness certificate, upon consideration of the size, weight, speed, operational capability, and proximity to airports and populated areas of the UAS involved.
In this case, an analysis of these criteria demonstratesthat the sUAS operated without an airworthiness certificate, underthe conditions proposed herein, will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) with an airworthiness certificate. Haskell's sUAS are all lessthan 11 pounds. None ofthe models carry a pilot or passenger; they do not carry flammable fuel, and will operate exclusively within an area pre-disclosed and in compliance with conditions setforth herein. Operations underthis exemption will be tightly controlled and monitored bythe operator, pursuanttothe conditions setforth in Appendix B , the applicable manufacturer's user manuals, Haskell's sUAS Standard Operating Procedure ("SOP") and by local public safety requirements

. The FAA will have advance notice of all operations through the filing of NOTAMs. Receipt of the prior permission ofthe land owner (or lessee), the size ofthe aircraft, the lack offlammable fuel, and thefact that the aircraft is carried to the location and notflown there all establish the equivalent level of safety. The sUAS provide at least an equivalent level of safetyto that of such operations conducted with conventional manned aircraftthatwould be orders-of-magnitude largerand would be carrying passengers, cargo,and flammable fuel. The safetyfeatures including the redundant sensorsystems, as described in the manufacturer's user manuals, and throughoutthis document, underscorethe importance placed on safety and reliability in the design and manufacture of the sUAS.

4 The FAA has stated that no exemption is needed from this section ifa finding is made underthe Reform Actthatthe sUAS provide an equivalent level ofsafety when comparedtoaircraft normally usedforthe sameapplication

.Thesecriteria are satisfied and therefore no exemption is needed

.[See, e.g., Exemption No

. 11220 (an exemption from 91

.203 not required for Haskell's sUAS)

.] However, Haskell requests an exemption in the eventthatthe FAA determinesthat some characteristics of the sUAS fail to meetthe requirements ofthe Reform Act.14 C.F.R. 

### § 91.7(a) and (b); Civil Aircraft Airworthiness Section 91.7(a) requires that a civil aircraft must be in airworthy condition to be operated. In previous grants of exemption forthe sUAS,the FAA concluded that an exemption was required under 14C.F.R. 

### § 91.7(a). In each instance, the FAA granted relief under§ 91.7(a) through a requirement that each petitioner ensure that the sUAS is in an airworthy condition

- based on compliance with the User Manual- priorto everyflight. [See,e.g, Exemption No. 11220, p. 5

.] Haskell therefore requests that the FAA find similar relief underthe same conditions here. Section 91.7(b) places responsibility on the PIC to ensure an aircraft is in a condition safe for flight. In priorgrants of exemption to the sUAS, the FAA determined that exemption from this section was not necessary. [See, e.g., Exemption No

. 11191; 11195; 11120.]To the extentthat the FAA determines an exemption is required here, Haskell respectfully requests thatthe FAA find compliance with the manufacturer's manuals, and requirements of the grant of exemption, a sufficient means for ensuring that the sUAS are in a condition for safe flight.
14 C.F.R. 

### § 91.113; Right-of-Way Rules Section 91.113 requires that vigilance be maintained by each person operating an aircraftto see and avoid other aircraft. Unlike manned aircraft, the sUAS pilot is not on-board the aircraftto observe and avoid other aircraft, operating the sUAS from the ground. Haskell's proposed operating conditions will achieve an equivalentor greater level of safety

.All operations will involve two individuals-one FAAcertificated pilot as the PIC and one visual observerwho will monitorthe immediate and surrounding airspace of the operation for potential obstruction hazards and other possible intrusions. The sUAS will also be limited to designated areas below400feet AGL and within avirtual fence. Haskell will notifythe FAA and other pilots of the sUAS operations by NOTAM

. 14 C.F.R. § 61.113(a) and (b); 61.133(a): Private Pilot Privilegesand Limitations; Pilot in Command; Commercial Pilot Privileges and Limitations Section 61.113(a) and (b) limit private pilotsto non-commercial operations. Unlike a conventional aircraftthat carries a pilot, passengers,and cargo, the sUAS are remotely controlled with no passengers or property of others on-board. Section 61.133(a) requires an individual with at least a commercial pilot's license to actas pilot in command of an aircraftfor compensation or hire. Haskell respectfully proposes that operator requirements should take into accountthe characteristics of the particular sUAS. Here, the sUAS have a high degree of pre-programmed control andvarious built-in technical capabilitiesthat strictly limitthe potential for operation outside of the operating conditions setforth in Appendix 8 and the exemption application. The small size, endurance, range and payload capacities of the sUAS mean that no passengers and/orcargowill ever be carried by the aircraft. Rather, commercial operationswill be strictly limited to acquiring aerial imagery, data collection and inspections

. Considering these conditions, operating limitations and restrictions,an equivalent level of safety will be provided by allowing operation of the sUAS by Haskell with individuals who possess avalid FAA airline transport, commercial, private, recreational or sport pilot certificate. The risks associated with the operation ofthe sUAS (given their small size, speed, operational capabilities and limitations, and lack of combustible fuel) are so diminished from the level of risk associated with commercial operations (and even operations permitted with a private pilot certificate) contemplated by Part 61 with manned aircraft, that allowing operations of the sUAS as setforth in Appendix B meets and exceeds the present level of safety provided under 14 C.F.R. 

### § 61.113(a)-(b), and does not call for a commercial pilot certificate as setforth in 

### § 61.133. [FAA Exemption No. 11357 (requiring at least a recreational or sport pilot certificate, and a current FAA airman medical certificate orvalid U.S. driver's license).]
14 C.F.R. 

### § 91.119: Minimum Safe Altitudes Section 91.119 establishes safe altitudesfor operation of civil aircraft. Specifically, 91.119(c) limits aircraftflying over areas otherthan congested areasto an altitude of 500 feet above the surface, exceptover open water or sparsely populated areas. In those cases, the aircraft may not be operated closerthan 500 feet to any person, vessel, vehicle, or structure. As setforth herein, the sUAS will not operate at higherthan 400 feet AGL. The sUAS will, however, be operated to avoid congested or populated areas. Because aerial photography, data collection and inspection work must be accomplished at relatively low altitudes and at altitudes less than 500 feetAGL, an exemption from Section 91.119(c) is needed. The equivalent level of safetywill be achieved given the size, weight, speed, and material with which the sUAS are built. Also, all flights will be conducted over private and/or controlled-access propertywith the permission of the land owner orthose who control the land. Because of the advance notice to the landowner, all affected individuals will be aware ofthe flights. Compared to operations conducted with aircraft or rotorcraft weighing far more than the sUAS, and carrying flammable fuel, any risk associatedwith these operationswill be significantly less than those currently allowed with conventional aircraftoperating at or below 500 feetAGL. Indeed, the low-altitude operations of the sUAS will maintain separation from operations of conventional aircraftthat must comply with Section 91.119. 14C.F.R. 

### § 91.151(a): Fuel Requirementsfor Flight in VFR Conditions This regulation prohibits an individual from beginning "aflight in an airplane underVFR conditions unless (considering wind andforecastweather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed- (1) During the day, tofly afterthatfor at least 30 minutes; or (2) At night, tofly afterthatfor at least 45 minutes." Haskell's sUAS are powered bya removable, rechargeable, lithium-polymer batterythat provides approximately25 minutes of powered flight. Without an exemptionfrom 

### § 14 CFR 91.151, flights by Haskell would not be possible. Given the limitations on the proposed operations andtheir locations, a less burdensome reserve requirementforflight in daylightVFR conditions is reasonable. Moreover, the sUAS provides a low batterywarning that indicate the PIC must command the aircraftto return to the launch pointwhen low battery capacityvoltage is reached. A critical batterywarning is also provided and the aircraftwill initiate an automatic descent and landing atthe critical battery capacityvoltage.An exemption from 14 CFR 

### § 91.151 (a) is safe and within the scope ofthe prior exemptions for the sUAS. [See, 

### e.g., Exemption No. 11195; 11191.] In line with the previous grants of exemption, Haskell requests thatthe FAA grant relief underthe condition that the PIC will not begin aflight unless (considering wind and forecast weather conditions) there is enough power toflytothe first point of intended landing and, assuming normal cruise speed, land the sUAS and to operate afterthat for at least5 minutes. [See Exemption No. 11325.]
14C.F.R. 

### § 91.9(b)(2); 91.203(a)-(b); Carriage of Civil Aircraft Airworthiness Certificate and Registration Sections 91.9(b) and 91.203(a)-(b) require an aircraft operatorto carry airworthiness documents and other aircraft manuals onboard the aircraft at all times. Because the sUAS are small in size and do not contain a cabin orflight deck, carriage of such documents and manuals is impossible.
The intent of these regulations is to ensure that the PIC has accessto important documents during flight. Here, an equivalent level of safety is achieved if the PIC has access to the applicable sUAS manual(s), registration certificate and other required documentsfrom the Ground Control Station from which he orshe is conducting operations. This is consistent with a prior opinion ofthe FAA Office of the Chief Counsel, and othergrants of exemptionsfor commercial UAS operations. [See Memorandum from Mark Bury, FAAAssistant Chief Counsel for International Law, Legislation and Regulation, to John Duncan, FAA Flight Standards Service (Aug. 8, 2014).]
14 C.F.R. § 91.121: Altimeter Settings Section 91.121 requires that each individual operating an aircraft shall maintain the cruising altitude orflight level of that aircraft, asthe case may be, by reference to an altimeterthat is set, when operating below 18,000feet MSLto:

• The current reported altimeter setting of a station along the route and within 100 nautical miles ofthe aircraft; • If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; • In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate altimeter setting available before departure. To provide an equivalent level of safety, the sUAS autopilot calculates the reference altitude {ground level) with on-board GPS. The altitude information generatedfrom the GPS is transmitted to the PIC. The PIC shall confirm the altitude ofthe launch site shown on the GPS altitude indicator before flight. The FAA has granted relief from this section in priorgrantsof exemption underthe condition thatthe operator setthe altimeterto zerofeet AGL ratherthan local barometric pressure orfield altitude before each flight. [Exemption Nos. 11062 and 11067.] A similar grant of exemption is thus warranted here.
14C.F.R. 

### § 91.405(a); 407(a)(1); 409(a)(2); 417(a):Maintenance Inspections Section 91.405{a) requires that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpart 

### Eof this part and shall between required inspections, except asprovided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part 43 of this chapter

...." Section 91.407 similarly makes reference to requirements in Part 43; Section 91.409(a)(2) requires an annual inspection for the issuance of an airworthiness certificate. Section 91.417(a) requires the owner oroperatorto keep records showing certain maintenance work that has been accomplished by certificated mechanics, under Part 43, or licensed pilots and records of approval ofthe aircraftfor return to service.
An equivalent level of safetywill be achieved because the sUAS are small in size, will solely operate in limited and predetermined areas, and are not large, complex mechanical machines. Haskell will perform all maintenance and inspections in accordance with the manufacturers' manuals and any required manufacturer Safety or Service Bulletins. In addition, the PIC will conduct a pre-flight inspection ofthe sUAS and all associated equipment to accountfor all discrepancies and/or inoperable components. Maintenance will be performed and verified to address any conditions potentially affecting safe operation ofthe sUAS and noflights will occur unless and until all flight critical components ofthe sUAS have been found to be in a condition for safe operation. Afunctional flight test will be conducted following the replacement of any flight-critical components.APPENDIX B HASKELL COMPANY OPERATING RESTRICTIONS AND LIMITATIONS 1) Operations authorized by this grant of exemption are limited to Haskell's sUAS all weighting lessthan 11 pounds. Proposed operations of any other aircraftwill require a new petition or a petition to amend this grant. 2) The sUAS shall not be flown at a ground speed exceeding 87 knots (100 miles per hour). 3) Above Ground Level ("AGL") altitude shall be restricted to 400 feet. All altitudes reported to AirTraffic Control ("ATC") shall be in feet AGL. 4) The sUAS shall be operated within Visual Line-of-Sight ("VLOS") of the pilot-in command ("PIC") and visual observer at all times. The PIC must use human vision unaided by any device otherthan corrective lenses, as specified on the PIC's FAA-issued medical certificate. 5) All operations must utilize a visual observer ("VO"). The VO may be used to satisfythe VLOS requirement as long asthe PIC maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times. The PIC must be designated before theflight and cannot transfer his or her designation for the duration of the flight. 6) Any and all additional requirements identified in the exemption grant by the FAA shall be added to the sUAS SOP. The SOP must be maintained and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in the granted exemptions and the SOP, the conditions and limitations in the granted exemptionsshall take precedence and must be followed

.Otherwise, the operator must follow the procedures outlined in the SOP. The operator may update or revise its SOP. It is the operator's responsibility to track such revisions and present updated and revised documentsto the Administrator upon the request. The operator must also present updated and revised documents if it petitionsfor an extension oramendment of the granted exemptions. Ifthe operator determines that any update or revision would affect the basis upon which the FAA granted the exemptions, then the operator must petition for amendmentto its exemptions. The FAA's UAS Integration Office (AFS-80) may be contacted if questions arise regarding updates or revisions to the SOP. 7) Priorto each flight the PIC must inspectthe sUAS to confirm that it is in a condition for safeflight. The preflight inspection shall accountfor all discrepancies (i.e., inoperable components, items, or equipment). The PIC shall notoperate the aircraft if the inspection reveals a condition that affectsthe safe operation of the sUAS until the necessary maintenance has been performed and the sUAS is found to be in a condition for safe flight. The Ground Control Station ("GCS") shall be included in the preflight inspection. 8) Any sUAS that has undergone maintenance oralterations that affect the sUAS operationor flight characteristics (e.g., replacement of aflight critical component) must undergo afunctional test flight. The PIC who conductsthe functional test flight must make an entry in the sUAS aircraft records. 9) Haskell mustfollow the manufacturer's aircraft/component maintenance, overhaul, replacement, inspection, and life limit requirements.
1

0) Haskell shall carry out its maintenance, inspections, and record keeping requirements, in accordance with the manufacturer's manuals and instructions. Maintenance, inspection, and alterations must be noted in the aircraft records, including total flight hours, description of work accomplished, and the signature of the authorized PIC or technician returning the sUAS to service.
1 1) The PIC must make a record entry in the aircraft records of the corrective action taken against discrepancies discovered between inspections. 12) The PIC must possess either an airline transport, commercial, private, recreational or sport pilot certificate. The PIC mustalso hold a current FAA airman medical certificate or avalid U.S. driver's license issued by a state, the Districtof Columbia, Puerto Rico, aterritory, a possession, orthefederal government. The PIC must also meetthe flight review requirements specified in 14 C.F.R. 

### § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate. 13) Haskell will not permit any PIC to operate the sUAS unless and until that PIC demonstratesthe abilityto safely operate the sUAS in a mannerconsistent with howthe sUAS will be operated pursuantto this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with 14 C.F.R. 

### § 61.51{b). 14) The sUAS shall not be operated directly overany person, except authorized and consenting individuals, or below an altitude that is hazardousto persons or property on the surface in the eventof an sUAS failure or emergency. 15) Operating of the sUAS may be conducted at distances less than 500 feetfrom participating persons, vessels, vehicles orstructures that perform an essential function in connection with these special purpose operations. Operations closerthan 500 feet from the PIC, visual observer, operatortrainees, and essential persons, are permitted when operationally necessary; but neverso close as to present an undue hazard, per C.F.R. 

### § 91.119(a). 16) Operation of the sUAS must be conducted at least 500 feetfrom all nonparticipating persons, vessels, vehicles, and structures unless:

a. the aircraft is operated nearvessels, vehicles or structures where the land owner/controller has granted permission and the PIC has made a safety assessment of the risk of operating closerto those objects and determined that it does not present an undue hazard.17) If the sUAS loses communications or loses its GPS signal, the sUAS must return to a predetermined location within the operational area and land or be recovered in accordance with the manufacturer's user manuals. 18) The PIC must aborttheflight in the event of unpredicted obstacles or emergencies. 19) The PIC is prohibited from beginning a sUAS flight unless (considering wind and forecast weather conditions) there is enough power to fly to the intended point of landing and, assuming normal cruising speed, operate afterthatfor at least 5 minutes. 20) Haskell shall obtain an Air Traffic Organization (ATO) issued Certificate ofWaiver of Authorization (COA) priorto conducting any operation. This COAwill also require the filing of the NOTAM not more than 72 hours in advance, but not less than 48 hours priorto the operation.
21 ) All aircraft operated in accordance with the requested exemption must be identified by serial number, registered in accordance with 14 C.F.R. Part 47, and have identification (NNumber) markings in accordance with 14 C.F.R. Part 45, Subpart C. Markings shall be as large as practicable. 22) Each sUAS must complywith all manufacturer System and Safety Bulletins. 23) The radio frequency spectrum used for operation and control of the sUAS must comply with Federal Communication (FCC) or other appropriate governmentoversight agency requirements. 24) The documents required under 14C.F.R. 

### § 91.9 and 91.203 shall be available to the operator atthe Ground Control Station ofthe sUAS anytime the aircraft is operating. These documents mustbe made available to the Administrator or any law enforcement official upon request.5 25) The sUAS must remain clear andyield the right of way to all other manned operations and activities at all times (including, without limitation, ultralightvehicles, parachute activities, parasailing activities, hang gliders, etc.). 26) Operations shall occur under Visual Meteorological Conditions (VMC); flights under special visual flight rules (SVFR) shall not be conducted. 27) The sUAS shall not be operatedfrom any moving device orvehicle. 28) The sUAS shall not be operated closerthan 500 feet below or2,000feet horizontallyfrom a cloud orwhen visibility is less than 3 statute milesfrom the PIC.

5 This is consistentwith an FAA Office of ChiefCounsel Opinion, dated August 8, 2014, and prepared by Dean E

. Griffith, AGC-220, in which it was acknowledged thatthe intent of 14C.F.R. § 91

.9(b) and 91 .203(a), (b) is met ifthe PIC of the UAS has access tothe aircraftflight manual, registration certificate, and other required documents from the ground control station from which heorshe is operating the UAS

. Memorandum from Mark Bury, FAAAssistant Chief Counsel for International Law, Legislation and Regulation, to John Duncan, FAA FlightStandards Service (Aug

. 8, 2014)

.29) Operations shall not occur in congested or densely populated areas. The sUAS may not operate in Class B, C, D or E airspace without written approval from the controlling authority. Operationswill not be conductedwithin a 5 NM range ofthe geographic center of an airport as denoted on a current FAA-published aeronautical chart unless permission has been obtained from the local control tower or, in the case of a non-towered airport, written notice has been provided to the airport's management, and the operation is conducted in accordance with a NOT AM as required bythe grantofthis exemption. 30) All operations shall be conducted over private and/orcontrolled-access propertywith permission from the landowner/controller or authorized representative. Permission from the landowner, controller, managerorauthorized representative will be obtained for each flight to be conducted. 31) Any incident, accident, orflight operation thattransgresses the lateral orvertical boundaries ofthe operational area as defined bythe applicable COAshall be reported to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents shall be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov. 32) sUAS operations may not be conducted during night, as defined by 14 C.F.R. 

### § 1.1

.APPENDIX C
FEDERAL REGISTRY SUMMARY Pursuantto 14C.F.R. Part 11, Haskell offersthefollowing summaryfor publication in the Federal Register, should publication be necessary: Haskell seeks an exemption from the following rules:
14 C.F.R. Part 21, Subpart H; 14 C.F.R. § 91.7(a) and (b); 14 C.F.R. § 91.9(b)(2); 14 C.F.R. § 91.113; 14 C.F.R. § 61.113(a) and (b); 14 C.F.R. § 61.133(a); 14C.F.R.§91.119(c); 14C.F.R.§91.121; 14C.F.R.§91.151; 14 C.F.R. § 91.203; 14 C.F.R. § 91.405(a) and (b); 14 C.F.R. § 91.407(a)(1); 14 C.F.R. § 91.409(a)(1)-(2); and, 14 C.F.R. § 91.417(a). Approval of these exemptions will permit Haskell to conduct commercial unmanned aircraft systems ("sUAS") operations in commercial construction applications. The exemptions will enhance safety by reducing risk to the general public and property ownersfrom the risk and hazards associated with performing equivalent work through individual construction workers and conventional manned aircraft.