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January 11, 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 C.F.R. 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, Miles McClellan Construction, Inc. seeks an exemption from the Federal Aviation 

Regulations ("FARs") listed in Section I below to allow commercial operation of its Small

Unmanned Aircraft Systems ("sUASs") for aerial imaging and monitoring of construction

jobsites 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 of the Reform Act. 

Applicant name and address:

Miles-McClellan Construction, Inc.

Jason Miles

PH: 614-487-7744

Email: jason.miles@mmbuildings.com 

Address: 2100 Builders Place, Columbus, OH 43204
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Regulations from which the exemption is requested :

 14 C.F.R. 61.113 (a) & (b)

 14 C.F.R. 91.103

 14 C.F.R. 91.119

 14 C.F.R. 91.121

 14 C.F.R. 91.151 (a)

 14 C.F.R. 91.405 (a)

 14 C.F.R. 91.407 (a) (1)

 14 C.F.R. 91.409 (a) (2)

 14 C.F.R. 91.417 (a) & (b)

I. DESCRIPTION OF PETITIONER

Miles-McClellan Construction Company, Inc. is construction firm headquartered in Columbus, Ohio 

specializing in General Contracting, Construction Management, Design/Build, Value-Engineering and 

Owner's Representation.

Miles-McClellan Construction has been building superior-quality buildings in central Ohio and beyond 

for the past 30 years.

II. STATUATORY AUTHORITY FOR EXEMPTIONS 

The Federal Aviation Act 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. 3 Section 333(b) of the Reform Act grants the Secretary in

determining whether sUASs may operate in the National Airspace System ("NAS") without creating a

hazard to the user, the public, or a threat to national security. In making this determination, the

Secretary must consider: 

 The sUAS's size, weight, speed, and operational capability 

 Whether the sUAS operates within the visual line of sight of the operator 
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 Whether the sUAS operates outside of highly populated areas and away from close

 proximity to airports

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. 

The sUAS will operate only in visual line of sight (VLOS) of the pilot in command (PIC). 

The drone will be used by Miles-McClellan to provide real-time site inspection, document construction 

progress and processes and provide the project owner with high quality photos and video. 

 

Given the small size of the sUASs involved and the area within which they will operate, Miles 

McClellan’s 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 sUASs to 

commence. Also due to the small size of the sUASs and limited areas in which the relevant 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 and reduced environment

Accordingly, Miles McClellan respectfully requests that the FAA grant the requested exemption without 

delay so that current projects may benefit from sUAS usage.

III) Public Interest

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 sUASs to operate with significant 

safety precautions in low risk environments.
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sUAS usage would allow Miles McClellan to inspect areas difficult and dangerous to access by 

conventional methods including rooftops, curtain walls, joints and structural connections. This 

would save time, money and public inconvenience by eliminating the need to have a human 

worker manually perform required inspections via a hydrolic lift, buckhoist, or scaffolding which 

all have high associated risk for construction personnel and public alike.

Larger manned aircraft have typically been used to provide aerial survey photos but are more 

expensive to operate and create a heavier environmental impact in terms of fuel consumption 

and air pollution then that of the sUAS. Manned aircraft also can not offer the wide variety of 

angles and positions of photography and videography compared to that of the sUAS. Up to 

date photos and video can be taken quickly and efficiently with the sUAS to provide the public 

and owner with increased project knowledge and awareness. 

IV. Equivalent Level of Safety

Miles McClellan proposes that the exemption requested herein apply to civil aircraft 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 at our Construction Jobsites and imaging and surveying 

operations conducted with conventional aircraft. Miles McClellan will be bound by the 

following limitations when conducting its sUAS operations under this FAA issued exemption:

1. The sUAS will weigh less than 15 pounds.

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

3. The sUAS will operate during daylight-only times (official sunrise to official sunset, local

time.

4. The sUAS will yield right-of-way to other aircraft at all times.

5. The sUAS will be registered with the FAA and will include appropriate markings and labels

on the body of the sUAS.
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6. Maximum total flight time for each operational flight will be 20 minutes. The sUAS 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.

7. Flights will be operated at an altitude of no more than 400 feet AGL.

8. The sUAS will not be operated at a distance from clouds less than 500' below or 2000'

horizontal, or when visibility is less than 3 statute miles.

9. Crew for each operation will consist of the trained sUAS Pilot in Command (PIC)who will keep the 

sUAS within his visual line of sight (VLOS) at all times and one visual observer (VO). The VO

and PIC will be able to communicate verbally at all times.

10.. The sUAS Pilot will be trained in flight, operations, and safety procedures as detailed in the

The Addendum.

11. Pilot will have been trained in operation of the sUAS and receive up-to-date information on

the particular sUAS to be operated should updates become available.

12. The sUAS will only operate within a confined "Sterile Area" as defined in The Addendum to

limit the ability of the sUAS to leave the Construction Jobsite.

13. Before flight operations commence notification will be made through posted

signs and onsite Job Safety meetings.

14. The FAA’s Air Traffic Organization (ATO) or local regulating authority will be notified of

proposed flight plans. If necessary, the operator will obtain a Certificate of Waiver or

Authorization (COA) from the FAA's Air Traffic Organization (ATO) prior to conducting any

operations.

15. Manufacturer’s sUAS aircraft/component, maintenance, overhaul,

replacement, inspection, and life limit requirements will be adhered to.

16. Operations will be limited to Construction Jobsites (Including Joint Venture Projects)

at which full Owner approval and authorization to leverage the sUAS has been granted.

17. If the sUAS loses communications or loses its GPS signal, it will have the capability to

automatically and safely return to a pre-determined location within the

Security Perimeter and land with a predictable, automated flight maneuver.

18. The sUAS will have the capability to abort a flight in case of unpredicted obstacles or

emergencies. The sUAS can host an on-board parachute that will be deployed in the event
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of motor loss or emergency.

19.. The radio frequency spectrum used for operation and control of the UAS will comply with

the rules and regulations of the Federal Communications Commission (FCC).

V. DESCRIPTION OF SPECIFIC REGULATIONS

A. 14 C.F.R. §61.113 (a) & (b): Private pilot privileges and limitations: Pilot in command

Applicant seeks an exemption from the private pilot privileges and limitations of § 61.113 (a) & 

(b), which states: Private Pilot Privileges and Limitations: Pilot in Command. 

(a) No person who holds a private pilot certificate may act as pilot in command of an 

aircraft that is carrying passengers or property for compensation or hire; nor may that 

person, for compensation or hire, act as pilot in command of an aircraft. 

(b) A private pilot may, for compensation or hire, act as pilot in command 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. 

Section 61.113(a) limits private pilots to being in command of noncommercial flights. Section 

61.113(b)(1) provides an exception that allows a private pilot to command an aircraft without 

passengers or property, in connection with business or employment if "[t]the flight is only 

incidental to that business or employment." That exception does not apply to the proposed 

operations under this petition for exemption. Applicant submits that all flights of the DJI 

Phantom 3 sUASs, conducted by the PIC pursuant to the grant of this Petition: (1) will be 

incidental to Applicant's business; and (2) will not carry passengers or property for 

compensation or hire.

Equivalent Level of Safety will be maintained because the sUAS, DJI Phantom 3, will not carry a 

pilot or passengers. Additionally the PIC operating the sUAS will be required to have 25 hours 

of flight training and complete a sUAS operation and safety training program. 
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The area of operation is controlled and restricted, and all flights are planned and coordinated in 

advance. The risks associated with the operation of small, lightweight sUAS are diminished 

from the level of risk associated with commercial operations contemplated by Part 61 when 

drafted, that allowing the proposed operations in this petition for exemption by requiring the 

PIC operating the sUAS to have training on operation of the sUAS as defined in the operation 

manual for the sUAS, and that the sUAS is remotely controlled with no living thing on board.

exceeds the present level of safety achieved by § 61.113 (a) & (b).

C. 14 C.F.R. §91.103: Preflight action

Applicant seeks an exemption from § 91.103, which requires a PIC to become familiar with 

specific information before each flight, including information contained in the FAA- approved 

Flight Manual on board the aircraft. Inasmuch as an FAA approved flight manual will not be 

provided for the sUAS, an exemption will be needed.

An equivalent level of safety will be provided by following the sUAS comprehensive preflight 

checklist. The PIC will take all actions, including reviewing weather, flight battery requirements, 

landing and takeoff distances, and aircraft performance data, before initiation of flight.

D. 14 C.F.R. §91.119: Minimum safe altitudes

Applicant seeks an exemption from Section 91.119 which establishes safe altitudes for operation of civil 

aircraft. Section 91.119 

As described in DJI Phantom 3 manual, the sUAS will never operate at altitude higher than 400' AGL and 

will be limited to the area with the security perimeter, where buildings and people will not be exposed 

to operations without their notification as described herein. 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. Flights 

will be over Miles McClellan properties at which third party access is controlled and Owner authorization 

is approved. Because of the advance notice to onsite personnel, all affected individuals will be aware of 

the

planned flight operations. 
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E. 14 C.F.R. §91.121: Altimeter settings

Applicant seeks an exemption from Section 91.151(b).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." The sUAS will 

always fly below 400 feet AGL and will not need to maintain cruising altitudes to prevent 

conflict with other aircraft. An exemption may be required, because the sUAS provide the PIC 

with the altitude reading on the remote controller, from a GPS signal on the sUAS. An 

equivalent level of safety can be achieved by the PIC by ensuring the correct altitude is provided 

during the pre-flight checks prior to each flight while on the ground.

F. 14 C.F.R. §91.151 (a): Fuel requirements for flight in VFR conditions

Applicant seeks an exemption from Section 91.151 (a) which states:

(a) No person may begin a flight in an airplane under VFR conditions

unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of 

intended landing and, assuming normal cruising speed

(1) During the day, to fly after that for at least 30 minutes; or

(2) At night, to fly after that for at least 45 minutes.

The battery powering the sUAS provides approximately 25 minutes of powered flight, and the sUAS will 

also not be flown at night. An exemption from the 30 minute reserve requirement in 14 CFR §91.151 is

therefore required. 

An equivalent level of safety can be achieved because the DJI Phantom 3 has a built-in safety feature 

that automatically returns the sUAS to the ground station from which it departed when the battery is 

depleted to 20%. Because of the limited operating area under which sUAS flights will be conducted, this 

restriction will be more than adequate to ensure return of the sUAS to its planned landing zone.

Similar exemptions have been granted to other operations, including Exemptions

2689F, 5745, 10673, and 10808.
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G. 14 C.F.R. §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.

These regulations apply only to aircraft with an Airworthiness Certificate, therefore these sections will 

not apply to operations of the sUAS. Maintenance will be performed by the operator as indicated in 

the flight manual and operating handbook as referenced in. An equivalent level of safety will be 

achieved because these sUASs are very limited in size and will carry a small payload and operate only in 

authorized 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. 

The operator will ensure that the sUASis in working order prior to initiating flight, perform required 

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

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

equivalent level of safety.

VI. Summary:

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. §§ 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); 91.409;

(a) (2) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle (15 lbs. or less)

for aerial imaging and monitoring of Construction Jobsites.

Approval of exemptions allowing commercial operations of sUASs to monitor, evaluate and inspect 

Construction Jobsites in a safe and efficient manner while reducing historical associated risks. 

Conventional aerial monitoring by aircraft has a negative impact on the environment in terms of fuel 

consumption and In contrast, a sUAS weighing fewer than 15 lbs. and powered by batteries eliminates 

virtually all of that risk and environmental impact given the reduced mass and lack of combustible fuel 
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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.

Privacy

All flights will occur over Miles McClellan Jobsites at which access is controlled with owner consent 

granted prior to flight.

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Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012—size, weight,

speed, operating capabilities, proximity to airports and populated areas 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 sUASs on

Construction Jobsites.