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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 and 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 Regulations (“FARs”) to allow commercial operation of 

its small Unmanned Aircraft Systems (“sUAS”) for aerial imaging for safety and monitoring of 

secured and controlled environment 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 and the attached DJI Flight Manual and DJI Phantom Pilot 

Training Guide, the requested exemption would permit the operation of sUAS under controlled 

conditions in airspace that is 1) limited 2) predetermined 3) controlled as to access and 4) would 

provide safety enhancements to the already best practices safety protocols followed by Sundt 

Construction, Inc. at each one of its construction sites. Approval of this exemption would thereby 

enhance safety and fulfill the Secretary of Transportation’s (the FAA Administrator’s) 

responsibilities to “...establish requirements for the safe operation of such aircraft systems in the 

national airspace system.” Section 333(c) of the Reform Act. 

The name and address of the applicant is: 

Jonathan Hunt 

Sundt Construction, Inc. 

2620 S. 55th 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 authority to issue exemptions. 

This statutory authority includes exempting civil aircraft, as the term is defined under 

§40101 of the Act, including sUASs, from the requirement that all civil aircraft must have a current 

airworthiness certificate. 

The Administrator may grant an exemption from a requirement of a regulation prescribed 

under subsection (a) or (b) of this section or any sections 44702-44716 of this title if the 

Administrator finds the exemption in the public interest. 49 U.S.C. §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 Secretary in determining whether sUAS may 

operate in the National Airspace System (NAS) without creating a hazard to the user, the public, or 

a threat to national security. If the Secretary determines that a sUAS “may operate safely in the 

national airspace system, the Secretary shall establish requirements for the safe operation of such 

aircraft in the national airspace system.” Id. §333(c). 

Sundt Construction, Inc.’s sUAS are multirotor vehicles, weighing 10 or fewer lbs. including 

payload. They operate under normal conditions at a speed of no more than 50 knots and have the 

capability to hover, and move in the vertical and horizontal plane simultaneously. The 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 Manual V1.4 and DJI Phantom Pilot Training Guide 

(hereinafter “the Manuals”). Such operations will insure 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 restricted and sterile environment within 

which they will operate, our application falls squarely within the zone of safety (an equivalent level

of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial 

operations of sUAS to commence immediately. Also due to the small size of the sUAS and the low 

altitudes and restricted areas in which the sUAS 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, Sundt Construction, Inc. respectfully 

requests that the FAA grant the requested exemption without delay. 

II. PUBLIC INTEREST
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This exemption application is expressly submitted to fulfill Congress’ goal in passing 

Section 333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to 

consider whether certain unmanned aircraft systems may operate safely in the NAS before 

completion of the rulemaking required under Section 332 of the Reform Act. By granting an 

exemption the FAA will fulfill Congress’s intent of allowing UAS to operate with significant safety 

precautions in low risk environments. 

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

while inspecting, surveying, or monitoring site progress. sUAS can inspect, photograph, and collect 

data on hard to get to areas that otherwise would require worker inspection. Falls are a leading 

source of workplace fatality and injury on construction sites1, and reducing falls through sUAS use 

for site imaging could save workers lives. 

Additionally, sUAS could replace the use of helicopters 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 conventionally powered small aircraft. Shifting 

to sUAS from helicopters presents a marked safety increase for our workers and the public. 

Lastly, sUAS reduce the environmental impact by dramatically decreasing the energy used 

for aerial imaging and data collection over a construction 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 exemption 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 level of safety to operations under the current 

regulatory structure because the proposed operations represent a safety enhancement to the 

already safe protocols followed on construction sites and imaging and surveying operations 

conducted with helicopters and other conventional aircraft. 

Sundt Construction, Inc. will be bound by the following limitations when conducting its 

sUAS operations under an FAA issued exemption: 

1. The sUAS will be less than 10 pounds. 

2. Flights will be operated within visual line of sight of a pilot. 

3. Maximum total flight time for each operational flight will be 30 minutes. The UAS calculates 

battery reserve in real time, and will return to its ground station with at least 20% battery 

power reserve should that occur prior to the 30 minute 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 pilot who will keep the sUAS within his visual 

line of sight at all times. 

1 “Commonly Used Statistics”, Occupational Safety & Health Administration. Available at: 

https://www.osha.gov/oshstats/commonstats.html 
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6. The sUAS Pilot will be trained in flight, operations, and safety procedures as detailed in this 

document and in the Manuals. 

7. Any site within 5 miles of an airport will not be flown without notification and approval of the local

FAA Flight Standards District Office (FSDO) and airport controller. 

8. Crew for each operation will consist of the sUAS Pilot who will keep the sUAS within his visual line 

of sight at all times. 

9. The sUAS will only operate within a confined area as defined in this document. The document and 

the Manuals also require the establishment of a “Security Perimeter” for the flight operations 

area. 

10. A briefing will be conducted in regard to the planned sUAS operations prior to each day’s 

production activities. It will be mandatory that all personnel who will be performing duties within 

the boundaries of the safety perimeter be present for this briefing. 

11. All onsite personnel will consent to the UAS flyover on site by waiver, and the operator will obtain 

additional verbal or written consent of all persons who will be allowed within 100 feet of the flight 

operation. 

12. Pilot will have been trained in operation of UASs generally and received up-to-date information on 

the particular UAS to be operated as required by this document. 

13. Written and/or oral permission from the relevant property holders will be obtained. 

14. All required permissions and permits will be obtained from territorial, state, county or city 

jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies. 

15. If the sUAS loses communications or loses its GPS signal, 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 and limitations: Pilot in command

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Because the sUAS will not

carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current 

operations by requiring the Pilot operating the aircraft to have completed a sUAS flight training course of 

10 hours before flying a sUAS. Unlike a conventional 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 human error. The area of operation is controlled and 

restricted to hard hat areas, and all flights are planned and coordinated in advance as set forth in the 

Manuals. 

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 

as set out in the Manuals. Like other civil aircraft, 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 safety requirements, to provide security for the area

of operation as is currently done on active construction 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 the 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 condition. 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 contained in the 

Manuals for maintenance and use of safety checklists prior to each flight, as set forth in this document, an 

equivalent level of safety will be provided. 

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

The UAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not 

only because there is no pilot on board, but because there is no room or capacity to carry such an item on the 

aircraft. 

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

where the pilot flying the UAS 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, 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, including checking 

for weather conditions, checking flight battery requirements, checking takeoff and landing distances, and all 

other actions in the Preflight Checklist in this document and the Manuals. 

These actions will provide an equivalent level of safety. 

14 C.F.R. 91.109: Flight Instruction 

Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being 

used for flight instruction unless that aircraft has fully functioning dual controls. By design, UAS and remotely 

piloted aircraft do not have fully functional dual controls. Flight control is accomplished through the use of a 

control box that communicates with the aircraft via radio communications. The FAA has previously approved 

exemptions for aircraft without fully functional dual controls. See Exemption Nos.5778K & 9862A. The equivalent 

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

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

14 C.F. R. 91.119: Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows 

helicopters to be operated at less than the minimums prescribed, provided the person operating the 

helicopter complies with any route or altitudes prescribed for helicopters by the FAA. This exemption is 

for a multirotor craft that flies similarly to a helicopter, with vertical 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 sUAS will never operate at altitude higher than 400 AGL and will be in a restricted area with security 
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perimeter, where buildings and people will not be exposed to operations without their pre-obtained 

consent. See the Manuals for detailed procedures. 

The equivalent level of safety will be achieved given the size, weight, speed of the sUAS 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 as outlined 

in the Manuals, 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

sUAS will not carry flammable fuel. In addition, the low-altitude operations of the sUAS will ensure 

separation between sUAS operations and the operations of conventional aircraft that must comply with 

Section 91.119. 

14 C.F.R. 91.121: Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruising altitude by reference to 

an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting 

available before departure.” As the sUAS may not have a barometric altimeter, but instead a GPS 

altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the 

operator, pursuant to the 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 beginning a flight in VFR conditions. Our sUAS is limited 

to operations in sterile and controlled environments as outlined in the Manuals, and has a limited range 

and flight time which require an exemption from 14 CFR 91.151(a). 

The battery powering the sUAS provides approximately 25 minutes of powered flight. To meet the 30 

minute reserve requirement in 14 CFR §91.151, sUAS flights would be limited to approximately 0 

minutes in length. 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. 

Sundt Construction, Inc. believes that an exemption from 14 CFR §91.151(a) falls within the scope of 

prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without 

compliance with FAR 91.151 (a)). Operating the small sUAS, in a tightly controlled area where only 

people and property owners or official representatives who have signed waivers will be allowed, with 

less than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151(a) was 

intended to alleviate given the size and speed of the small UAS. Additionally, limiting sUAS flights to 10 

minutes would greatly reduce the utility for which the exemption will be granted. 

An equivalent level of safety can be achieved by limiting flights to 25 minutes, or enough battery reserve 

to ensure that the sUAS lands at the ground station with at least 20% of battery power (as determined 

by the onboard monitoring system and the Pilot), whichever happens first. This restriction would be 

more than adequate to return the sUAS to its planned landing zone from anywhere in its limited 

operating area. 

Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, 

and 10808. 
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14 CFR 91.203 (a) & (b): Carrying civil aircraft certification and registration 

The regulation provides in part: 

Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the following: 

An appropriate and current airworthiness certificate.... 

No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or 

a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it is 

legible to passengers or crew. 

The UAS fully loaded weighs no more than 10 lbs. and is operated without an onboard pilot. Therefore there is no 

ability or place to carry certification and registration documents or to display them on the UAS. 

An equivalent level of safety will be achieved by keeping 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 to 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 between required inspections, except as provided in 

paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter...,” and 

others shall inspect or maintain the aircraft in compliance with Part 43. 

Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these 

sections will not apply to Sundt Construction, Inc... Maintenance will be accomplished by the operator

pursuant to the flight manual and operating handbook 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 payload 

and operate only in restricted areas for limited periods of time. If mechanical issues arise the sUAS can 

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

the Pilot will ensure that the sUAS is in working order prior to initiating flight, perform required 

maintenance, and keep a log of any maintenance performed. Moreover, the Pilot is the person most 

familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the 

equivalent level of safety. 

******* 

Pursuant to 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 (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 commercially a 

small unmanned vehicle (55lbs or less) in construction operations. 

Approval of exemptions allowing commercial operations of sUAS 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 sUAS 

weighing fewer than 10 lbs. and powered by batteries eliminates virtually all of that risk given the 
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reduced mass and lack of combustible fuel carried on board. The sUAS will carry no passengers or crew 

and, therefore, will not expose them to the risks associated with manned aircraft flights. 

The operation of small sUAS, weighing less than 10 lbs., conducted in the strict conditions outlined 

above, will provide an equivalent level of safety supporting the grant of the exemptions requested 

herein, including exempting the applicant from the requirements of Part 21 and allowing commercial 

operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a sterile 

environment and, as a result, are far safer than conventional operations conducted with turbine 

helicopters operating in close proximity to the ground and people. 

Privacy

All flights will occur over private or controlled access property with the property owner’s prior consent 

and knowledge. Images taken will be of individuals who have also consented to being filmed or 

otherwise have agreed to be in the area where aerial photography will take place. 

******* 

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 sUAS in construction industry pursuant to the Manuals 

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