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 Reform 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 limited, 2) is predetermined, 3) 

Is controlled 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) 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:

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)

II. 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 sUASs 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 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 conditions at a speed of no more than 30 knots and 

have the capability to hover, and move in the vertical and horizontal plane simultaneously. The sUASs

will operate only in the Pilot’s visual line of sight at all times and will operate only within a 

predetermined, controlled, sterile area. Such 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 restricted 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 the 
significant 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 requested 

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 inspection, 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 materials. 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 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. 

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 15 lbs. including payload. 

2. Flights will be operated within 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 each operational flight will be 15 minutes. The sUAS 

calculates battery power reserve in real 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 certificate 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 trained 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, controlled, 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, including 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. DESCRIPTION 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 possession 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 Limitations 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 

will 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 and 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 than 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 prior exemptions, as proposed sUAS operations in a 

controlled 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 ensuring 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 area 
and 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 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 prepared as prescribed in part 43 of this 

chapter...’ and others shall inspect or maintain the aircraft in compliance with par 43. 

An exemption is requested, as these sections and Part 43 only apply to aircraft with an 

Airworthiness Certificate, and as Traylor is requesting exemption from Part 21 subpart H, these sections 

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, perform 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.