July 29, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave, SE.

Washington, DC 20590

Re: Exemption request under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations 

Dear Sir or Madame:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R Part 11, 

Otto Construction, a general contractor, hereby applies for an exemption from the listed Federal Aviation Regulations 

(“FARs”) to allow commercial operation of its Unmanned Aircraft (UA) for aerial imaging for safety and monitoring of 

secured and controlled construction sites, 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 UAs 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 Otto Construction at each one of its construction sites. 

Petitioner:

John F. Otto Inc. dba Otto Construction

1717 2nd St, Sacramento, CA 95811

916.441.6870 TEL

Email: anaranjo@ottoconstruction.com

Website: www.ottoconstruction.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

14 C.F.R. 91.103(b)

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) & (b)

14 C.F.R. 91.203 (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)
I. ABOUT THE UNMANNED AIRCRAFT (UA): DJI PHANTOM 3 SERIES

• Total Weight: 1280g (2.82lbs)

• Diagonal Size: 590mm (23.22in)

• Max Ascent Speed: 5 m/s (9.7 knots)

• Max Descent Speed: 3 m/s (5.8 knots)

• Max Speed: 16 m/s (31 knots)

• Operating Frequency: 2.400 GHz - 2.483 GHz

• On-Board Camera: Sony EXMOR 1/2.3” Effective pixels: 12.4 M (total pixels: 12.76 M) for still images and video

• On-board GPS to track takeoff location and automatically return to said point in case UA goes out of range, battery 

power runs low, or UA has entered restricted air space.

The Ground Station

• A Pilot in Command (PIC) is in control of the flight operations from beginning to end and while the UA is airborne

• A radio receiver sends live video and flight information, such as altitude, speed, distance away from PIC and 

remaining battery life to the screen of the PIC controller, which consists of a mobile device such as a tablet or 

smartphone

• A Visual Observer (VO) will be present to provide a second perspective and visually track the UA while airborne

Otto Construction’s Unmanned Aircraft (UA) is a multirotor vehicle, weighing less than 10 pounds including payload. 

It operates under normal conditions at a speed of no more than 50 knots and has the capability to hover, and move in 

the vertical and horizontal plane simultaneously. The UA will operate only in the Pilot’s Visual Line of Sight at all times 

and will operate only within a sterile area. Such operations will insure that the UA 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 UA involved and the restricted and sterile environment within which it 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 a UA to commence immediately. Also due to the small size 

of the UA and the low altitudes and restricted areas in which it 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, Otto respectfully 

requests that the FAA grant the requested exemption without delay.

II. REGARDING USE OF THE UA AND PUBLIC INTEREST

This exemption will ensure that Otto Construction is able to produce promotional material for marketing purposes. We 

will be documenting the progress of a project through images and video footage, which will be used on our website to 

help Otto Construction procure new work and to keep the public informed about project status. Use of the UA will also 

improve safety for the general public and the employees of Otto Construction. It will provide the perfect vantage point 

to make sure work is being performed in a safe and proper manner, to conduct safety inspections of the project site 

and general inspections in hard to reach areas, therefore improving quality control and resulting in an added benefit 

for our clients.

The use of the UA on a construction site can significantly reduce the risk to workers falling while inspecting, surveying, 

or monitoring site progress in hard-to-reach areas. Falls are a leading source of workplace fatality and injury on 

construction sites, and reducing them through UA use for site imaging could save workers’ lives.

Additionally, UAs can replace the use of helicopters and small aircrafts to monitor sites. The UA we propose to fly 

in this application is under five pounds, and carries no combustible material on board, as opposed to much larger 

conventionally powered aircrafts. Shifting from helicopters to UAs presents a marked safety increase for our workers 

and the public. UAs reduce the environmental impact by dramatically decreasing the energy used for aerial imaging 

and data collection over a construction site. Our UA uses rechargeable lithium ion batteries, as opposed to fossil fuels 

burned in other aircrafts.
III. REGARDING SAFETY AND THE UNMANNED AIRCRAFT PIC/VO

Otto Construction proposes that the exemption requested herein apply to UA that has the characteristics and that 

operates 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 as opposed to those conducted with helicopters and other 

conventional aircrafts.

In order to ensure a safe flight, the designated Pilot in Command (PIC) and Visual Observer (VO) will be required to 

review and familiarize themselves with DJI’s Pilot Training Guide. They will also have to review DJI’s video tutorials on 

how to fly the UA and the pre-flight inspection checklist. The PIC or VO will also have to perform regular maintenance 

based on the manufacturer’s specifications listed in the User Manual. They will both be required to become familiar 

with the manufacturer’s safety guidelines and have a minimum of 10 of hours instructional and hands-on training before 

operating the UA near the general public. 

The DJI Phantom 3, powered by batteries, is small and light, making it much safer and simpler to maneuver than larger 

aircrafts. It does not have the ability to carry any type of load and can only fly for a maximum of 20 minutes, so there 

is little to no risk or any threat to local or national security. Since use of the UA will be limited to our project sites, we 

control who is allowed on-site at any given time and make sure only authorized personnel are on the project grounds 

while the UA is flying over head. Our standard safety regulations require that anyone on the project site wear protective 

head gear such as hardhats, which only adds to the level of security for anyone standing near or beneath the UA. 

This means the general public will not be affected in any way, therefore dimishing the likelyhood of bodily injury and 

reducing any adherent risks. Limiting ourselves to our project site also means the UA will always remain within the PIC’s 

Visual Line of Sight (VLOS). For the most part, the UA will also be limited to a flying altitude of no more than 200 feet 

and will not be flown near airports.

The UA will be operated in the field with both a PIC and aVO in accordance with FAA Policy N 8900.227 Section 14 

“Operational Requirements for UAS” and with the following restrictions:

1. The UA will be less than 10 pounds

2. All operations must occur in FAA Class G airspace at no more than 400ft AGL, at an airspeed of no more than 50 

knots and no further than 3/4 NM from the PIC

3. All operations must utilize a visual observer (VO). The VO and PIC must be able to communicate by voice at all 

times during a flight operation

4. Operations will be restricted to flights over property with the permission of the property owner

5. All required permits will be obtained from state and local government prior to operation

6. The UA will not be operated over densely populated areas

7. The UA will not be operated at air shows

8. The UA will not be operated over any open-air assembly of people

9. The UA will not be operated over heavily trafficked roads

10. The UA will not be operated within 5 NM of an airport or heliport

11. Operations will be restricted to day only and weather conditions equivalent to VFR

12. The PIC will brief the VO and property owner about the operation and risk before the first flight at each new location

13. No flight may be made without a Pre-Flight Inspection by the PIC before each operation to ascertain that the UA 

 is in a condition safe for flight

 14. If the UA loses communications or loses its GPS signal, it will have capability to enter “loiter mode” and hover, 

 reestablish satellite connection, and return to a predetermined location within the Security Perimeter and land

Additionally, the PIC and VO will perform maintenance on the system and will complete a course of maintenance 

instruction as part of their initial training. We submit that the combination of the UA’s light weight, flight performance 

and ability, fully qualified flight crew and strict operation under the guidelines established, and under all of the 

restrictions listed above, the FAA can have full confidence that the operation will have an equivalent or greater level of 

safety than a manned aircraft performing the same task. 

IV. REGARDING 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 photography will take place.
IV. REGARDING THE REASONS OTTO CONSTRUCTION SEEKS RELIEF

1. 14 C.F.R. Part 21, subpart H

This part established the procedures for the issuance of airworthiness certificates. We request an exemption of 14 CFR 

Part 21, subpart H and the requirements of an airworthiness certificate in general, citing the equivalent level of safety 

outlined in this document. The aircraft will not carry persons or property, will not carry fuel, and will only fly under strict 

operational requirements. Combined with the UA’s light weight of less than 10 pounds, we propose that the UA will be 

at least safe, if not safer, than a conventionally certified aircraft performing the same mission.

2. Section 61.113(a) & (b)

Relief from Section 61.113(a) & (b) entitled Private pilot privileges and limitations: Pilot in command, is requested to the 

extent necessary to allow a PIC holding a private pilot or higher level certificate, as well as a current and valid airman 

medical certificate, and who has met certain flight-hour and currency requirements, to conduct the proposed UAS flight 

operations for compensation or hire. This relief is requested since the limitations set forth in Section 61.113(a) and 

(b) state that a private pilot may, for compensation or hire, act as PIC of an aircraft in connection with any business 

or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry 

passengers or property for compensation or hire.

As set forth more fully below, Otto Construction submits that an equivalent level of safety will be maintained because 

no PIC will be allowed to operate the DJI Phantom 3 UAS unless that PIC has met certain flight-hour requirements, 

demonstrating that the PIC is able to safely operate the UAS in a manner consistent with the operations specifications 

as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate 

distances from people, vessels, vehicles and structures.

Further, Otto Construction submits that all flights of the DJI Phantom 3 UAS conducted by the PIC pursuant to the grant of 

this Petition: (1) will be incidental to adPharos business; and (2) will not carry passengers or property for compensation 

or hire.

3. Section 91.7(a)

Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent required to allow Otto 

Construction to determine that the DJI Phantom 3 UASs are in airworthy condition prior to every flight by ensuring that 

the UAS is in compliance with the operating documents.

Otto Construction seeks the requested relief because the DJI Phantom 3 Series UAS does not require an airworthiness 

certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Otto Construction will ensure that the DJI 

Phantom 3 UAS is in airworthy condition based upon its compliance with the operating documents prior to every flight, 

and further, determine that the aircraft is in condition for safe flight, as stated in the conditions and limitations below.

4. Section 91.9

This regulation requires that a current, approved flight manual is in the aircraft before being operated. We request an 

exemption to this requirement since the aircraft is too small to carry any type of documentation. In order to obtain an 

equal level of safety, we would make sure a manual is available to the crew at the ground station any time the UA is 

flight.

5. Section 91.103

This regulation requires each pilot in command take certain actions before 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, along with any other 

required actions.
7. Section 91.121

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the UAS, which 

utilizes a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink 

altitude information from the UA to the PIC at the ground control station (GCS). Since the FAA requires that any altitude 

information concerning UAS operations be reported to air traffic control (ATC) in feet above ground level (AGL), Otto 

Construction seeks the requested relief because the DJI Phantom 3 UA’s altimeter may be set on the ground to zero feet 

AGL, rather than the local barometric pressure or field altitude, before each flight. Considering the limited altitude of 

the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply with the applicable 

conditions and limitations stated below. As more fully set forth herein, an equivalent level of safety will be maintained 

since DJI Phantom 3 UA is equipped with GPS equipment, which provides the PIC with altitude information of the UA 

on the heads-up display of the GCS.

8. Section 91.151(a) & (b)

The battery powering the DJI Phantom 3 UAS provides approximately 20 minutes of powered flight. To meet the 30 

minute reserve requirement in 14 CFR §91.151, the UAS would not be able to get off the ground. Given the limitations 

on the sUAS’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. Otto Construction seeks the requested relief 

because without an exemption from Section 91.151(b), the flight time duration of the battery powered UAs will severely 

constrain the practicality of any aerial video or still photo flight operations that adPharos proposes. 

9. Section 91.405(a); 91.407(a)(1), 91.409(a)(1) & (a)(2), and 94.417(a) & (b)

Otto Construction seeks exemption from these sections since they set forth requirements for maintenance that only apply 

to aircrafts with an airworthiness certificate. Otto Construction will ensure an equivalent level of safety by making sure 

designated personnel will be properly trained to operate and perform preventative maintenance on the UA so it remains 

in perfect working order based on the manufacturer’s operating manual. 

6. Section 91.119

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 take off 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 preobtained consent.

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

it is operated. 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. Unlike flight operations with aircraft or rotorcraft weighing far more than the maximum 10 lbs. 

proposed herein, our UAS will not carry flammable fuel. In addition, the low-altitude operations of the UAS will ensure 

separation between UAS operations and the operations of conventional aircraft that must comply with Section 91.119.
******* Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be 

determined that publication is needed:

Applicant seeks an exemption from the following rules: 14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b);14 C.F.R. 

§§ 61.113( a) & (b);91.7 (a); 91.9; 91.103(b);91.109; 91.119; 91.121; 91.151(a) & (b);91.203(a) and (b); 

91.405(a); 91.407 (a) (1); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle 

(55lbs or less) in construction operations.

Approval of exemptions allowing commercial operations of an Unmanned Aircraft (UA) in the construction 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 an onboard human pilot. In contrast, a UA 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 UA will carry no passengers or crew and, therefore, will not expose them to the risks 

associated with manned aircraft flights. The operation of small UA, 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. This 

lightweight aircraft operate at slow speeds, close to the ground, and in a sterile environment and, as a result, is far safer 

than conventional operations conducted with turbine helicopters operating in close proximity to the ground and people.

*******

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012--size, weight, speed, operating capabilities, 

controlled operating environment 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 UA in 

the construction industry.

Sincerely,

Angel Naranjo, Marketing Associate

John F. Otto Inc. dba Otto Construction