December 4, 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. Part 21 (h) ; 14 C.F.R. 61.23 (a) & (c); 61.101 (e) (4) & (5); 61.113 (a); 91.7 (a); 91.119 (c); 91.121; 91.151 (a) (1); 91.405 (a); 91.407 (a) (1); 91.409 (a) (1) & (2); 91.417 (a) & (b).

Dear Sir or Madam: Pursuant to Section 333 of the FAA Modernization and R eform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, Traylor Bros., Inc. hereby applies for 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 safety and monitoring of Construction Jobsites so long as such operations are conducted within and under conditions outlined herein or as may be established by the FAA as required by Section 333 of the Reform Act. As detailed in this request and the attached documents, the requested exemption would permit the operation of sUASs under controlled conditions in airspace that 1) Is l imited, 2) is predetermined, 3) Is c ontrolled as to access and, 4) Would provide safety enhancements to the already best practices and safety protocols followed by Traylor Bros., Inc. at each of its Construction Jobsites. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation’s (The FAA’s Administrator’s) respon sibilities 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: Traylor Bros., Inc. 835 N. Congress Ave. Evansville, IN 47715 (812) 477

- 1542 Email: rmclane@traylor.com

## I. REGULATIONS FROM WHICH THE EXEMPTION IS REQUESTED

 14 C.F.R. Part 21 (h)
 14 C.F.R. 61.23 (a) & (c)
 14 C.F.R. 61.101 (e) (4) & (5)
 14 C.F.R. 61.113 (a)
 14 C.F.R. 91.7 (a)
 14 C.F.R. 91.119 (c)
 14 C.F.R. 91.121
 14 C.F.R. 91.151 (a) (1)
 14 C.F.R. 91.405 (a)
 14 C.F.R. 91.407 (a) (1)
 14 C.F.R. 91.409 (a) (1) & (2)
 14 C.F.R. 91.417 (a) & (b)


## I I

. STATUTORY AUTHORITY FOR EXEMPTIONS The Federal Aviation Act expressly gra nts 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 certifica te. 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. §44 701(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 sUASs may operate in the National Airspace System (NAS) without creating a hazard to the user, the publi c, or a threat to national security. If the Secretary determines that a sUASs "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." Traylor’ s proposed sUASs, DJI Spreading Wings s900, are multirotor vehicles, weighing less than 15 lbs. including payload. They operate under normal conditi ons at a speed of no more than 3 0 knots and have the capability to hover, and move in the vertical and horizontal plane simultaneously. The sUAS s will operate only in the Pilot’s visual line of sight at all times and will operate only within a predetermined, controlled, sterile area . Suc h operations will insure that sUASs will “not create a hazard to users of the national airspace system or in the public.” Given the small size of the sUASs 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 sUASs to commence. Also due to the small size of the sUASs and the low altitudes and restr icted areas in which the sUASs 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 ph operations, and thesignificant public benefit, including enhanced safety, the grant of the requested exemptions is in the

public interest. Accordingly, Traylor Bros., Inc. respectfully requests that the FAA grant the re quested exemption without delay.


## 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 UAS to operate with significant safety precautions in low risk environments. The use of sUASs for inspecting, monitoring, and surveying can significantly reduce the risk to workers for these tasks. sUASs would be used for tasks in areas that are hard to reach and require worker ins pection, and would normally have associated fall risks. According to OSHA, falls are the number one cause of death for the Construction industry, responsible for 36.5% of total deaths in Construction for CY 2013. The use of sUASs in these tasks help ensure the safety and protect the lives of Traylor’s and its Joint Venture’s employees. Lastly, sUASs could be used in lieu of helicopters and small aircraft to survey and monitor sites. The proposed sUASs weigh less than 15 lbs. and carry no combustible materi als. They operate using electrical motors and Lithium

- Ion

- Polymer batteries. The lack of combustion engines reduces both the environmental impact and noise generated by the activities, compared to the use of helicopters and other small aircraft. 

## IV. EQUIVALENT LEVEL OF SAFETY Traylor Bros., Inc. proposes that the exemption requested herein apply to sUASs that have the characteristics and that operate within the limitations listed herein. These limitations provide for at least an equivalent or even highe r 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 helicopte rs and other conventional aircraft. Traylor Bros., Inc. will be bound by the following limitations when conduction its sUASs operations under an FAA issued exemption.

1. The sUASs will be less than 1 5 lbs. including payload. 2. Flights will be operated wi th in visual line of site of a pilot and trained visual observer. 3. The sUASs will yield right

-of

-way to other aircraft at all times. 4. The maximum total flight time for ea ch operational flight will be 15 minutes. The sUAS calculates battery power reserve in re al time, and will return to its ground station with at least 20% battery power reserve should that occur prior to the 15 minute limit. 5. Flights will be operated at an altitude of no more than 400 feet AGL.6. Pilot in Command (PIC) will hold a Sports Pilot ce rti ficate and will have completed at least 30 hours of sUAS training. 7. Minimum crew for each operation will consist of the trained sUAS Pilot who will keep the sUAS within his visual line of sight (VLOS) at all time and the trained visual observer. The tra ined visual observer and Pilot will be able to communicate verbally at all times. 8. The sUAS Pilot will be trained in flight, operations, and safety procedures as detailed in the attached documents. 9. The sUAS will only operate within a predetermined, contro lled, and confined “Sterile Area” to limit the ability of the sUAS to leave the construction jobsite. 10. Jobsite personnel not related to flight operations will be notified of uSAS operations by posted signs and jobsite meetings. 11. Briefings will be held in regard to the planned sUAS operations prior to each day’s activities. Briefings will be mandatory for all personnel who will be performing duties within the boundaries of the safety perimeter. 12. Pilots will be trained in operation of the sUASs generally, and will receive up

-to
- date information on the particular UAS. 13. Written and/or oral permission from relevant property holders will be obtained. 14. All required permissions and permits will be obtained from territorial, state, county, or city jurisdictions, incl uding local law enforcement, fire, or other appropriate governmental agencies. 15. If the sUAS loses communication or loses its GPS signal, it will have the capability to automatically and safely return to a pre

- coordinated, pre

- determined location within the security perimeter and land with a predictable, automated flight maneuver.


## V. DESCRIPTIO N OF SPECIFIC REGULATIONS
**14 C.F.R. Part 21 (h)** Part 21 subpart H covers Airworthiness Certificates, specifically the Applicability, Eligibility, Classification, Modification, Transferability, and Duration, as well as aircraft identification. An exemption for part 21 subpart H is requested due to the size, weight, speed, and limited operation area of the proposed sUASs, and it is our belief that the aircraft in question meets the conditions of Section 333. **14 C.F.R. 61.23 (a) & (c)**
Section 21.23 (a) and (c) cover the requirements and duration of Medical Certificates. An exemption is requested, as the PIC will have a Sport Pilot certificate to prove knowledgeable and skilled in air operations involving sUASs. The PIC will not be in possessio n of an FAA approved medical certificate, as an exemption can be granted by the FAA, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701. **14 C.F.R. 61.101 (e) (4) & (5)**Section 61.101 (e) (4) and (5) detail Privileges and Limitati ons for Recreational Pilots, with Parts

(e) (4) and (5) specifically stating that a recreational pilot may not act as PIC of an aircraft for (4) compensation or hire, or (5) in furtherance of a business. As our PIC will hold a Sports Pilot license, and wil l be an existing employee acting in furtherance of our business, an exemption is requested. **14 C.F.R. 61.113 (a)** Section 61.113 (a) covers Private Pilot privileges and limitations, with part (a) specifically stating that no persons holding a private pilot certificate may act as PIC of an aircraft that is acting for compensation or hire. Since all proposed flight will be unmanned a nd using sUASs, and the FAA having previously acknowledged in prior grants of exemption that a commercial pilot license was not necessary for sUAS flight, an exemption is requested. Traylor’s chosen PIC will hold a Sports Pilot license, and will have as well completed 30 hours of training for drone operation. Having a PIC in possession of a Sport Pilot certificate meets the FAA’s requirement that the PIC have the requisite training and understanding of the National Airspace System, and ensures the PIC is registered with the FAA. This also allows Traylor to move forward with aerial sUAS operations without the additional monetary cost and time required for a Private Pilot license. **14 C.F.R. 91.7 (a)** Section 91.7 (a) states that no person may operate a civil aircraft unless it is in an airworthy condition. Traylor has no plans to operate any aircraft unless it is deemed airworthy. An exemption is requested due to the FAA’s granting of this exemption in their supplied sample applications and responses. **14 C.F.R. 91.119 (c)** Section 91.119 covers minimum safe altitudes with part C specifically covering ‘other than congested areas’. An exemption is requested, as the proposed general flight altitude is below the minimum 500 feet AGS, and operation may need to take place closer t han 500 feet to structures. PIC will maintain VLOS with the sUASs at all times, and all safety procedures and requirements mentioned in this application and attached documents will be followed.
**14 C.F.R. 91.121** Section 91.121 covers Altimeter settings, as well as cruising altitude requirements and adjustment factors for a given altimeter setting. As previously stated, an exemption is requested due to the FAA’s granting of this exemption in their supplied sample applications and responses.
**14 C.F.R. 91 .151 (a) (1)**  Section 91.151 covers fuel requirements for beginning a flight with VFR conditions. An exemption is requested, as the proposed sUAS only has a maximum flight time of 18 minutes. Traylor believes that an exemption falls within the scope of pr ior exemptions, as proposed sUAS operations in a control led environment with less than 15 minutes of fuel reserve does not pose the dangers that the section was envisioned to cover given the speed and size of the sUAS. An equivalent level of safety can be achieved by requiring and ensu r ing that sUAS operations must be conducted such that the sUAS lands with at least 20% of its total battery power still available. Because pf the controlled operating areaand the size and speed of the sUAS, this should prove to be more than adequate to ensure the return

and safe landing of the sUAS. **14 C.F.R. 91.405 (a) ;**  **14 C.F.R. 91.407 (a) (1) ;**  **14 C.F.R. 91.409 (a) (1) & (2) ;**  **14 C.F.R. 91.417 (a) & (b)** These sections cover the requirements that an aircraft operator or ow ner ‘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 prepared as prescribed in part 43 of this chapter...’ and others s hall inspect or maintain the aircraft in compliance with par 43. An exemption is requested, as t hese sections and Part 43 only apply to aircraft with an Airworthiness Certificate, and as Traylor is requesting exemption from Part 21 subpart H, these secti ons will not apply to Traylor’s use of sUASs. Maintenance will be performed and completed by the PIC in accordance with the flight manual included in the attached documents. The PIC will ensure that the sUAS is in good working order prior to flight, perfor m all required maintenance, and keep a log of any and all maintenance. Given the small size and low operating altitude of less than 400 feet, an equivalent level of safety will be achieved. **Privacy** All flights will occur over Traylor or its Joint Venture’s Construction Jobsites at which third party access is controlled, Owner notification and approval is granted, and signs will be posted notifying onsite personnel of the aerial operations.

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 (size, weight, speed, operating capabilities, proximity or airports and populated areas, operation within VLOS, and national security) provide more than adequate justification for the grant of the requested exemptions allowing commercial operation of Traylor’s sUASs on Construction Jobsites pursuant to the documents appended hereto.
Sincerely

Richard McLane, Traylor Bros., Inc.