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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 c onstr uction j obsites 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 addres s: Miles

- McClellan Construction , Inc. Ja son Miles PH: 614

-487

- 7744 Email: jason.miles@mmbuildings.com Address: 2100 Builders Place, Columbus, OH 43204

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R egulations 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 Compan y, Inc. is construction firm headquarte re d in Columbus, Ohio specializing in General Contracting, Construction Management, Design/Build, Value

- Engineering and Owner's Representation

. Miles

- McClellan Construction has been building superior

- qu ality 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 airc raft 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 t he 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 secur ity. 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 airsp ace system.

The sUAS will operate only in visual line of sight (VLOS) of the pilot in command (PIC). The drone will be used by Mile s - 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 w hich 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 s ecurity 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, incl uding enhanced safety and reduced environment Accordingly, Miles McClellan respectfully requests that the FAA grant the re quested exemption without delay so that current projects may benefit from sUAS usage.



### III **) Public Interest**  

### This exemption appli cation 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
com pletion 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 Mile s McClellan to inspect areas difficult and dangerous to access by conventional method s including rooftops, curtain walls , joints and structural connect ions. This would save time, money and public inconvenience by eliminating the need to have a human worke r manually perform required inspection s 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 quic kly and efficiently with the sUAS to pro vide the public and owner with increased project knowledge and awareness. **IV. Equivalent Level of Safety** 

### Miles McClellan proposes that the exempt ion 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 foll owing 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 time s (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 f light 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 op erated 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 operat or 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 requi rements 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 G PS 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 RE GULATIONS** 

**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 Limitatio ns: Pilot in Command. (a) N o 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 o f 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 ca rry 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 emp loyment." That exception does not apply to the proposed operations und er this petition for exemption. Applicant submits that all flights of th e 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 becaus e the sUAS, DJI Phantom 3, will not carry a pi lot 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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T he area of operation is controlle d 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 followin g 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:**  **Minimu m 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 wil l 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 perso nnel , all affected individuals will be aw are 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 unde r 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 th e 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 therefor e 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, 10 673, 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 ap ply 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 equ ivalent 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 oper ating 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 wi th 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 Con struction Jobsites in a safe and efficient ma nner 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 l bs. 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 as sociated with manned aircraft flights

. **Privacy** All flights will occur o ver 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.