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June 2, 2015 U. S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from 14 CFR 61.113 (a) & (b); 91.103(b) ; 91.119; 91.121; 91.151(a); 91.405 (a); 91.407(a) (1); 91.409 (a) (2 ); 91.417 (a) & (b).

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization an d Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, Sundt Construction, Inc ., a construction company, hereby applies for an exemption from the listed Federal Aviation Regulati ons (“FARs”) to allow commercial operation of its small Unmanned Aircraft Systems (“sUAS”) for ae rial imaging for safety and monitoring of
secured and controlled environment construction sit es, 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 and the attached DJI F light Manual and DJI Phantom Pilot Training Guide, the requested exemption would permi t the operation of sUAS under controlled conditions in airspace that is 1) limited 2) predet ermined 3) controlled as to access and 4) would provide safety enhancements to the already best pra ctices safety protocols followed by Sundt Construction, Inc. at each one of its construction sites. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transpo rtation’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 Re form Act.

The name and address of the applicant is:
Jonathan Hunt Sundt Construction, Inc.

2620 S. 55 th Street, Tempe, AZ 85282

PH: 480-293-3000
Email: jrhunt@sundt.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)

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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. STATUTORY AUTHORITY FOR EXEMPTIONS The Federal Aviation Act expressly grants the FAA a uthority to issue exemptions. This statutory authority includes exempting civil a ircraft, as the term is defined under §40101 of the Act, including sUASs, from the requir ement that all civil aircraft must have a current
airworthiness certificate.

The Administrator may grant an exemption from a req uirement of a regulation prescribed under subsection (a) or (b) of this section or any sections 44702-44716 of this title if the Administrator finds the exemption in the public int erest. 49 U.S.C. §44701(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 Secret ary in determining whether sUAS may operate in the National Airspace System (NAS) witho ut creating a hazard to the user, the public, or a threat to national security. If the Secretary det ermines that a sUAS “may operate safely in the national airspace system, the Secretary shall estab lish requirements for the safe operation of such aircraft in the national airspace system.” Id . §333(c).

Sundt Construction, Inc.’s sUAS are multirotor vehi cles, 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 h orizontal plane simultaneously. The sUAS will operate only in the Pilot’s visual line of sight at all times and will operate only within the
recommendations described in the PHANTOM 2 User Man ual V1.4 and DJI Phantom Pilot Training Guide (hereinafter “the Manuals”). Such operations will i nsure that the sUAS 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 sUAS involved and the r estricted and sterile environment within which they will operate, our application falls squa rely within the zone of safety (an equivalent level of safety) in which Congress envisioned that the FA A must, by exemption, allow commercial operations of sUAS to commence immediately. Also du e to the small size of the sUAS and the low
altitudes and restricted areas in which the sUAS wi ll operate, approval of the application presents no national security issue.

Given the clear direction in Section 333 of the Ref orm Act, the authority contained in the Federal Aviation Act, as amended; the strong equiva lent level of safety surrounding the proposed operations, and the significant public benefit, inc luding enhanced safety, the grant of the requested exemptions is in the public interest. Ac cordingly, Sundt Construction, Inc. respectfully requests that the FAA grant the requested exemption without delay.



### II. PUBLIC INTEREST

### 3 This exemption application is expressly submitted t o 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’s intent of allowing UAS to operate with significant safety precautions in low risk environments.

The use of sUAS on a construction site can signific antly reduce the risk to workers of falls while inspecting, surveying, or monitoring site pro gress. sUAS can inspect, photograph, and collect data on hard to get to areas that otherwise would r equire worker inspection. Falls are a leading
source of workplace fatality and injury on construc tion sites 1 , and reducing falls through sUAS use for site imaging could save workers lives.

Additionally, sUAS could replace the use of helicop ters and small aircraft to monitor sites. The sUAS we propose to fly in this application are under five pounds, and carry no combustible material on board, as opposed to the much larger co nventionally powered small aircraft. Shifting to sUAS from helicopters presents a marked safety i ncrease for our workers and the public.

Lastly, sUAS reduce the environmental impact by dra matically decreasing the energy used for aerial imaging and data collection over a const ruction site. Our sUAS 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

Sundt Construction, Inc. proposes that the exemptio n requested herein apply to sUAS that have the characteristics and that operate with the limitations listed herein. These limitations provide for at least an equivalent or even higher l evel of safety to operations under the current regulatory structure because the proposed operation s represent a safety enhancement to the already safe protocols followed on construction sit es and imaging and surveying operations conducted with helicopters and other conventional a ircraft.

Sundt Construction, Inc. will be bound by the follo wing 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 sigh t of a pilot.


### 3. Maximum total flight time for each operational flig ht will be 30 minutes. The UAS calculates battery reserve in real time, and will return to it s ground station with at least 20% battery power reserve should that occur prior to the 30 min ute limit.


### 4. Flights will normally be operated at an altitude of 200 feet AGL, never exceeding 400 feet

AGL.


### 5. Crew for each operation will consist of the sUAS pi lot who will keep the sUAS within his visual line of sight at all times.

1 “Commonly Used Statistics”, Occupational Safety & H ealth Administration. Available at: https://www.osha.gov/oshstats/commonstats.html

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6. The sUAS Pilot will be trained in flight, operation s, and safety procedures as detailed in this
document and in the Manuals.


### 7. Any site within 5 miles of an airport will not be f lown without notification and approval of the local FAA Flight Standards District Office (FSDO) and air port controller.


### 8. Crew for each operation will consist of the sUAS Pi lot who will keep the sUAS within his visual line of sight at all times.


### 9. The sUAS will only operate within a confined area a s defined in this document. The document and the Manuals also require the establishment of a “Se curity Perimeter” for the flight operations

area. 

### 10. A briefing will be conducted in regard to the plann ed sUAS operations prior to each day’s production activities. It will be mandatory that al l personnel who will be performing duties within the boundaries of the safety perimeter be present f or this briefing.


### 11. All onsite personnel will consent to the UAS flyove r 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. 

### 12. Pilot will have been trained in operation of UASs g enerally and received up-to-date information on the particular UAS to be operated as required by th is document.


### 13. Written and/or oral permission from the relevant pr operty holders will be obtained.


### 14. All required permissions and permits will be obtain ed from territorial, state, county or city jurisdictions, including local law enforcement, fir e, or other appropriate governmental agencies.


### 15. If the sUAS loses communications or loses its GPS s ignal, it will have capability to enter “loiter mode” and hover, reestablish satellite connection, and return to a pre- determined location within the Security Perimeter and land.



### IV. DESCRIPTION OF SPECIFIC REGULATIONS

14 CFR 61.113 (a) & (b): Private pilot privileges a nd limitations: Pilot in command

Sections 61.113 (a) & (b) limit private pilots to n on-commercial operations. Because the sUAS will not carry a pilot or passengers, the proposed operation s can achieve the equivalent level of safety of cur rent operations by requiring the Pilot operating the air craft to have completed a sUAS flight training cour se of 10 hours before flying a sUAS. Unlike a convention al aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no living thing or cargo on board. DJI’s sUAS is also operated by an autopilot, which greatly reduces the danger of huma n error. The area of operation is controlled and restricted to hard hat areas, and all flights are p lanned and coordinated in advance as set forth in t he
Manuals.

The sUAS to be operated hereunder is less than 10 l bs. fully loaded, carries neither a pilot nor passe nger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured ar ea as set out in the Manuals. Like other civil aircraf t, operations under this exemption will be tightly controlled and monitored by the operator, pursuant to the Manuals’ requirements, and under the requirements and in compliance with local public sa fety requirements, to provide security for the area of operation as is currently done on active constru ction sites.

The risks associated with the operation of the sUAS are therefore diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, and allowing operations

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of the sUAS as requested with a Pilot who has met t he minimum requirements stated in the Manuals achieves the level of safety contemplated 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 conditio n. As there will be 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 requirements containe d in the Manuals for maintenance and use of safety checklist s prior to each flight, as set forth in this docume nt, an equivalent level of safety will be provided.



### 14 CFR 91.9 (b)(2): Civil aircraft flight manual, m arking, and placard requirements

The UAS, given its size and configuration has no ab ility or place to carry such a flight manual on the aircraft, not only because there is no pilot on board, but becaus e there is no room or capacity to carry such an ite m on the
aircraft.

The equivalent level of safety will be maintained b y keeping the flight manual at the ground control p oint where the pilot flying the UAS will have immediate access to it. The FAA has issued the following exem ptions to this regulation: Exemption Nos. 8607,
8737, 8738, 9299, 9299A, 

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



### 14 C.F.R. 91.103: Preflight Action

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, includ ing checking for weather conditions, checking flight battery req uirements, checking takeoff and landing distances, and all other actions in the Preflight Checklist in this do cument and the Manuals. These actions will provide an equivalent level of s afety.



### 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) tha t is being used for flight instruction unless that aircraft ha s fully functioning dual controls. By design, UAS and remotely piloted aircraft do not have fully functional dual controls. Flight control is accomplished through t he use of a
control box that communicates with the aircraft via radio communications. The FAA has previously appro ved exemptions for aircraft without fully functional du al controls. See Exemption Nos.5778K & 9862A. The equ ivalent level of safety provided by the fact that neither a pilot nor passengers will be carried in the aircra ft, the ability to control the UAS via radio signals from the controll er, 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 opera tion of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimum s prescribed, provided the person operating the helicopter complies with any route or altitudes pre scribed for helicopters by the FAA. This exemption is for a multirotor craft that flies similarly to a he licopter, with vertical take-off and vertical landi ng, which will typically operate at altitudes of 200 AGL, so an exemption may be needed to allow such operations

. The sUAS will never operate at altitude higher than 400 AGL and will be in a restricted area with secu rity

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perimeter, where buildings and people will not be e xposed to operations without their pre-obtained consent. See the Manuals for detailed procedures.

The equivalent level of safety will be achieved giv en the size, weight, speed of the sUAS as well as t he location where it is operated. No flight will be ta ken without the permission of the property owner or
local officials. Because of the advance notice to t he property owner and any onsite personnel as outli ned in the Manuals, all affected individuals will be aw are of the planned flight operations. Unlike flight operations with aircraft or rotorcraft weighing far more than the maximum 10 lbs. proposed herein, our sUAS will not carry flammable fuel. In addition, t he low-altitude operations of the sUAS will ensure separation between sUAS operations and the operatio ns 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 a ircraft to maintain cruising altitude by reference to an altimeter that is set “...to the elevation of th e departure airport or an appropriate altimeter set ting available before departure.” As the sUAS may not ha ve a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An e quivalent level of safety will be achieved by the operator, pursuant to the Manuals and Safety Check list, confirming the altitude of the launch site shown on the GPS altitude indicator before flight.



### 14 CFR 91.151 (a): Fuel requirements for flight in VFR conditions

Section 91.151 (a) outlines fuel requirements for b eginning a flight in VFR conditions. Our sUAS is li mited to operations in sterile and controlled environment s as outlined in the Manuals, and has a limited ran ge and flight time which require an exemption from 14 CFR 91.151(a).

The battery powering the sUAS provides approximatel y 25 minutes of powered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, sUAS flights would be limited to approximately 0 minutes in length. Given the limitations on the sUA S’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 V FR
conditions is reasonable.

Sundt Construction, Inc. believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Loc kheed Martin Corporation to operate without compliance with FAR 91.151 (a)). Operating the smal l sUAS, in a tightly controlled area where only people and property owners or official representati ves who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not enge nder the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of t he small UAS. Additionally, limiting sUAS flights t o 10 minutes would greatly reduce the utility for which the exemption will be granted.

An equivalent level of safety can be achieved by li miting flights to 25 minutes, or enough battery res erve 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), wh ichever happens first. This restriction would be more than adequate to return the sUAS to its planne d landing zone from anywhere in its limited operating area.

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

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14 CFR 91.203 (a) & (b): Carrying civil aircraft ce rtification and registration

The regulation provides in part: Except as provided in § 91.715, no person may opera te a civil aircraft unless it has within it the fol lowing: An appropriate and current airworthiness certificat e.... No person may operate a civil aircraft unless the a irworthiness 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 t hat it is legible to passengers or crew. The UAS fully loaded weighs no more than 10 lbs. an d is operated without an onboard pilot. Therefore t here is no ability or place to carry certification and registr ation documents or to display them on the UAS. An equivalent level of safety will be achieved by k eeping these documents at the ground flight control point where the pilot flying the UAS will have immediate access to them, to the extent they are applicable t o the UAS. The FAA has issued numerous exemptions to this regulation. A representative sample of other 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 E of this part and shall betw een required inspections, except as provided in paragraph (c) of this section, have discrepancies r epaired as prescribed in part 43 of this chapter... ,” and others shall inspect or maintain the aircraft in co mpliance with Part 43.

Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to Sundt Construction, Inc. .. Maintenance will be accomplished by the operator pursuant to the flight manual and operating handboo k as referenced in the Manuals. An equivalent level of safety will be achieved because these small sUAS are very limited in size and will carry a small pa yload and operate only in restricted areas for limited pe riods of time. If mechanical issues arise the sUAS can land immediately and will be operating from no high er than 400 feet AGL. As provided in the Manuals, the Pilot will ensure that the sUAS is in working o rder prior to initiating flight, perform required maintenance, and keep a log of any maintenance perf ormed. Moreover, the Pilot is the person most
familiar with the aircraft and best suited to maint ain the aircraft in an airworthy condition to provi de the equivalent level of safety.

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Pursuant to 14 C.F.R. Part 11, the following summar y is provided for publication in the Federal Regist er, should it be determined that publication is needed:

Applicant seeks an exemption from the following rul es: 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 ) and (b); 91.405(a); 91.407 (a) (1); 91.409 (a) (2); 91. 409 (a) (2) and 91.417 (a) & (b) to operate commerc ially a small unmanned vehicle (55lbs or less) in construct ion operations.

Approval of exemptions allowing commercial operatio ns of sUAS in the construction industry enhances safety while reducing risk. Manned aircraft monitor ing and surveying creates a greater risk because th e craft are much larger, have combustible fuel, and c arry an onboard human pilot. In contrast, a sUAS weighing fewer than 10 lbs. and powered by batterie s eliminates virtually all of that risk given the

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reduced mass and lack of combustible fuel carried o n board. The sUAS will carry no passengers or crew and, therefore, will not expose them to the risks a ssociated with manned aircraft flights.

The operation of small sUAS, weighing less than 10 lbs., conducted in the strict conditions outlined above, will provide an equivalent level of safety s upporting 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 s low speeds, close to the ground, and in a sterile environment and, as a result, are far safer than co nventional operations conducted with turbine helicopters operating in close proximity to the gro und and people.



### Privacy

All flights will occur over private or controlled a ccess 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 aeria l photography will take place.

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Satisfaction of the criteria provided in Section 33 3 of the Reform Act of 2012--size, weight, speed, operating capabilities, controlled operating enviro nment and operation within visual line of sight and national security – provide more than adequate just ification for the grant of the requested exemptions allowing commercial operation of applicant’s sUAS in construction industry pursuant to the Manua ls appended hereto.



### Sincerely,

Jonathan Hunt Senior Project Engineer Sundt Construction, Inc.

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Attachments:

DJI Phantom 2 User Manual V1.4 DJI Phantom Pilot Training Guide Preflight Checklist