August 19, 2015 

 

Docket Management Facility 

US Department of Transportation 

1200 New Jersey Avenue 

SE West Building, Ground Floor Room W12-140 

Washington, DC 20590 

Re: PETITION FOR ISSUANCE OF EXEMPTION UNDER SECTION 333 OF 

THE FAA MODERNIZATION AND REFORM ACT OF 2012 

Dear Sir or Madam: 

 Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (“FMRA”) 

and 14 C.F.R. §§ 11.61(b), 11.63(a), and 11.81, Boh Bros. Construction Co., L.L.C. (“Boh 

Bros.”) requests exemptions from the federal aviation regulations identified below, which would 

allow commercial operation of Boh. Bros.’ Small Unmanned Aircraft Systems (“sUAS”) for 

photographing and monitoring construction sites. 

Boh Bros. has been in business for over 100 years and is one of the largest and most 

respected general contractors in the Southern United States with over 1,300 skilled craftsmen, 

experienced project managers and dedicated professionals. Boh Bros. has expertise with heavy 

construction, marine construction, paving and utilities, and pile driving. Our diverse client base 

includes public agencies and private customers in transportation, municipal, industrial, 

manufacturing and energy sectors. 

As detailed in the following petition, the requested exemption would permit the operation 

of sUAS under controlled conditions in limited airspace with restricted access and would further 

enhance safety at construction sites. Accordingly, approval of this exemption would fulfill the 

FAA Administrator’s responsibilities to “...establish requirements for the safe operation of such 

aircraft systems in the national airspace system” under Section 333(c) of the FMRA. 

I. STATUTORY AUTHORITY & PROPOSED OPERATIONS 

In the FMRA, Congress directed the FAA “to safely accelerate the integration of civil 

unmanned aircraft systems into the national airspace system.” Pursuant to Section 333 of the 

FMRA, the FAA Administrator is to permit unmanned aircraft systems to operate in the National 

Air Space (“NAS”) where it is safe to do so, based upon the following considerations: 

 The sUAS’s size, weight, speed, and operational capability; 
 Whether the sUAS operates within the visual line of sight of the operator; and 

 Whether the sUAS operates outside of highly populated areas and away from 

close proximity to airports. 

In addition, the FAA Administrator has general authority to grant exemptions from the agency's 

safety regulations and minimum standards when the Administrator decides a requested 

exemption is in the public interest. See 49 U.S.C. § 106(f) (defining the authority of the 

Administrator); 49 U.S.C. § 44701(f) (permitting exemptions from § 44701(a), (b) and §§ 

44702-44 716, et seq.). 

Boh Bros. proposed sUAS is a Phantom 2 Vision+ (pictured below), which is a multirotor vehicle, weighing 10 pounds or less including payload. It will operate under normal 

conditions at a speed of no more than 35 mph and have the capability to hover, and move in the 

vertical and horizontal plane simultaneously. It will operate only in line of sight and will operate 

only within the area of Boh Bros.’ jobsites with prior approval of the property owner. Such 

operations will ensure that the sUAS will not create a hazard to users of the NAS or the general 

public. 

In short, Boh Bros.’ requested exemptions are in the public interest because the proposed 

operations (1) have a strong equivalent level of safety when compared to aircraft normally used 

for the purpose of aerial imaging, (2) and confer significant public benefits, including enhanced 

safety and reduced environmental impact. Accordingly, Boh Bros. respectfully requests that the 

FAA grant the requested exemptions (as detailed below) without delay so that Boh Bros. may 

utilize its sUAS on several projects that are already in construction. 
II. INFORMATION REQUIRED BY 14 C.F.R. §11.81 

A. Name and Address of Petitioner

Boh Bros. Construction Co., L.L.C. 

730 South Tonti Street 

New Orleans, LA 70119 

Phone: (504) 821-2400 

Fax: (504) 821-0714 

Email: seagan@bohbros.com 

All communications in connection with this petition should be sent to Boh Bros. at the 

address listed above, to the attention of Sara Eagan, who will be the point of contact for this 

petition. 

 

B. Specific Sections of 14 C.F.R. from which Boh Bros. Seeks Exemption

 21, Subpart H – Airworthiness Certificates 

 45.23 – Display of marks; General 

 45.29 – Size of marks 

 61.3 – Requirement for certificates, ratings, and authorizations 

 61.23 – Medical certificates: Requirement and duration 

 61.113 – Private pilot privileges and limitations: Pilot in command 

 91.7(a) – Civil aircraft airworthiness 

 91.9 – Civil aircraft flight manual, marking, and placard requirements 

 91.103 – Preflight action 

 91.105 – Flight crewmembers at stations 

 91.109(a) – Flight instruction 

 91.119 – Minimum safe altitudes 

 91.121 – Altimeter settings 

 91.151 – Fuel requirements for flight in VFR conditions 

 91.203(a) & (b) – Civil aircraft: Certifications required 

 91, Subpart E – Maintenance, Preventive Maintenance, and Alterations 

 

C. The Extent of Relief Boh Bros. Seeks and the Reason Boh Bros. Seeks the Relief

1. 14 C.F.R. § 21, Subpart H: Airworthiness Certificates 

Under the FMRA, no exemption is needed from this section if the FAA finds that the 

sUAS selected provides an equivalent level of safety when compared to aircraft normally used 

for the same application. Boh Bros. will be using the Phantom 2 Vision+, which has a maximum 

weight of less than 10 pounds including payload. The flight speed will not exceed 35 miles per 
hour, and it will not be flown in controlled airspace or at an altitude that exceeds 400 feet above 

ground level. It does not carry any flammable propellant or fuel. The sUAS also has an 

integrated GPS system that calculates the sUAS’s position and height and relays that information 

via a secure connection to the operator. Additionally, the sUAS contains a failsafe mode which 

permits the sUAS to return to a predetermined location and land safely, if its connection to the 

remote control is lost. 

In addition, the FAA has previously found that the Phantom 2 Vision+ does not require 

an exemption from Subpart H of Section 21. See Exemption No. 11293, Docket No. FAA-2014-

0962, at p. 2; Exemption No. 11993, FAA–2015–1511, at pp. 1-2. Nevertheless, if the FAA 

determines that there are some characteristics of the chosen sUAS that fail to meet the 

requirements of the FMRA, an exemption from Subpart H is requested. 

2. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a) – Aircraft Marking and Identification 

Requirements 

Boh Bros. seeks an exemption from the aircraft marking and identification requirements 

contained in Sections 91.9(c), 45.23(b) and 45.27(a), which provide in relevant part: 

No person may operate a U.S.-registered civil aircraft unless that aircraft is 

identified in accordance with Part 45 of this chapter. See 14 C.F.R. § 91.9(c), 

Civil aircraft flight manual, marking and placard requirements. 

When marks include only the Roman capital letter “N” and the registration 

number is displayed on limited, restricted or light-sport category aircraft or 

experimental or provisionally certificated aircraft, the operator must also display 

on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters 

not less than 2 inches nor more than 6 inches high, the words “limited,” 

“restricted,” “light-sport, “experimental,” or “provisional,” as applicable. See 14 

C.F.R. § 45.23(b), Markings of the aircraft. 

Each operator of a rotorcraft must display on that rotorcraft horizontally on both 

surfaces of the cabin, fuselage, boom, or tail the marks required by § 45.23. See 

14 C.F.R. § 45.27(a), Rotorcraft. 

Boh Bros. requests relief from the above requirements because the small size of the 

Phantom 2 Vision+ sUAS and its lack of a cabin, cockpit, or pilot station prevent Boh Bros. from 

complying with these requirements. In addition, the FAA has previously determined that 

exemption from these requirements was warranted, provided that the aircraft “have identification 

(N-Number) markings in accordance with 14 C.F.R part 45, Subpart C if the markings are as 

large as practicable.” See Exemption No. 11062, Grant of Exemption to Astraeus Aerial, FAA 

Docket No. FAA-2014-0352 at p. 14. Boh Bros. will mark its sUAS with its N-Number in a 

prominent spot on the body of the craft with markings that are as large as practicable. 
3. 14 C.F.R. § 61.3 – Requirement for certificates, ratings, and authorizations; 14 

C.F.R. § 61.23 – Medical certificates: Requirement and duration; and 14 C.F.R. § 

61.113 – Private pilot privileges and limitations: Pilot in command 

Boh Bros. seeks exemption from 14 CFR Part 61 to the extent that these regulations 

require a sUAS operator to have a commercial or private pilot’s license. The purpose of Part 61 

is to ensure the skill and competency of any pilot in command (PIC) matches the airspace in 

which the PIC will be operating. However, Boh Bros. notes that the training and education of 

individuals with a private or commercial pilot’s license does not necessarily ensure that 

individual is able to operate sUAS in low altitude environments, particularly given the significant 

differences in the controls between conventional aircraft and sUAS. Accordingly, Boh Bros. 

believes that a requirement for a commercial or private pilot's license is unnecessary, and that 

thorough training on the sUAS would provide an equivalent or better level of safety. 

In addition, Boh Bros. seeks exemption from 14 C.F .R § 61.113, which restricts private 

pilot certificate holders from flying aircraft for compensation or hire, and which would also 

require a second class medical certificate. The purpose of this section is to ensure the skill and 

competency of any PIC where the aircraft is carrying passengers or cargo for hire. In this case, 

while the sUAS will be operated as part of a commercial operation, it carries neither passengers 

nor cargo. Indeed, in the Grant of Exemption in FAA Docket No. FAA-2014-0352, the FAA 

determined that the unique characteristics of sUAS operation outside of controlled airspace did 

not warrant the additional cost and restrictions attendant with requiring the PIC to have a 

commercial pilot certificate and class II medical certificate. 

4. 14 C.F.R. § 91.9 (b) (2) – Civil aircraft flight manual, marking, and placard 

requirements; 14 C.F.R. § 91.203(a) & (b) – Civil aircraft: Certifications required 

Section 91.9 (b)(2) requires an aircraft flight manual be kept in the aircraft. Section 

91.203(a) prohibits, in pertinent part, any person from operating a civil aircraft unless it has 

within it (1) an appropriate and current airworthiness certificate; and (2) an effective U.S. 

registration certificate issued to its owner or, for operation within the United States, the second 

copy of the Aircraft Registration Application as provided for in 14 C.F.R. § 47.31(c). Section 

91.203(b) states, in pertinent part, that no person may operate a civil aircraft unless the 

airworthiness certificate or a special flight authorization issued under 14 C.F.R. § 91.715 is 

displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. 

Given the small size of the sUAS and that it carries no pilots or passengers onboard, these 

regulations are inapplicable. Moreover, the FAA has previously found that compliance with 

these regulations is not necessary so long as the relevant materials are in a location accessible to 

the PIC. See, e.g., Exemption No. 11156. 
5. 14 C.F.R. § 91.7(a) – Civil aircraft airworthiness 

Section 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. 

As discussed above, the sUAS will not have an airworthiness certificate under 14 C.F.R. § 21, 

Subpart H, and thus relief is requested from this regulation. 

6. 14 C.F.R. § 91.103 – Preflight action 

Boh Bros. seeks an exemption from Section 91.103, which requires the PIC to become 

familiar with specific information before each flight, including information contained in the 

FAA-approved Flight Manual onboard the aircraft. While the PIC will be familiar with all 

information necessary to safely conduct the flight, an exemption is requested to the extent that an 

FAA-approved Flight Manual is required because there is no FAA-approved Flight Manual for 

the proposed sUAS. Instead, the PIC will perform the following preflight checklist before each 

and every flight: 

 Confirm correct insurance and paperwork is in hand before leaving main office for 

flight location. 

 Check local weather forecast for any possible safety problems. 

 Visually inspect all mechanical components and flight avionics. 

 Check all battery levels and ensure full charge on main battery / backup batteries. 

 Visually check 360 degree airspace for any obstructions. 

 Discuss all flight paths and mission goals before takeoff. 

 Confirm all airport locations in every direction. 

 Verify all fellow employees are wearing appropriate P.P.E. (Personal Protection 

Equipment) and are aware of mission goals. 

7. 14 C.F.R. § 91.105 – Flight crewmembers at stations 

Section 91.105 requires flight crew members to be at their stations with seatbelts fastened 

during landing and takeoff. The sUAS will not have any crew members aboard the aircraft. 

Accordingly, this regulation is inapplicable. 

8. 14 C.F.R . § 91.109(a) – Flight instruction 

Boh Bros. seeks an exemption from Section 91.109(a), which provides that “[n]o 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.” The sUAS is a remotely 

piloted aircraft, which by design does not have functional dual controls. Instead, flight control is 

accomplished through a remote control that communicates with the aircraft via radio frequencies. 
9. 14 C.F.R. § 91.119 – Minimum safe altitudes 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, 

91.119(c) limits aircraft flying over areas other than congested areas to an altitude of 500 feet 

above the surface, except over open water or sparsely populated areas. In those cases, the aircraft 

may not be operated closer than 500 feet to any person, vessel, vehicle, or structure. 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 

takeoff and vertical landing, which will typically operate at altitudes of 400 feet above ground 

level (“AGL”), so an exemption may be needed to allow such operations. The sUAS will never 

operate at altitude higher than 400 feet AGL and generally will be in restricted areas with 

security perimeters,. 

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. Because of the advance notice to the property owner and any onsite personnel, 

all affected individuals will be aware of the planned flight operations. Furthermore, given that 

that the flights will be over construction sites, all individuals will be outfitted with required 

personal protective equipment, including hard hats, fluorescent vests, safety glasses and 

protective footwear appropriate for construction sites.. 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. 

10. 14 C.F.R. § 91.121 – Altimeter settings 

Section 91.121 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 does not have a barometric altimeter, 

but instead a GPS altitude readout, an exemption is needed. The FAA has stated that an 

equivalent level of safety can be achieved if the sUAS will be operated at 400 feet AGL or below 

and within visual line-of-sight in addition to GPS based altitude information relayed in real time 

to the operator. See Grant of Exemption to Astraeus Aerial, Docket No. FAA-2014-0352. 

11. 14 C.F.R. § 91.151 – Fuel requirements for flight in VFR conditions 

Section 91.151 provides in relevant part that: 

(a) No person may begin a flight in an airplane under VPR 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. 

Here, the technological limitations on UAS battery power mean that meaningful flight 

operations cannot be conducted while still maintaining a 30 minute reserve. Instead, Boh Bros. 

proposes that all flights comply with this requirement by mandating that the aircraft be safely 

landed with no less than 25% of battery life remaining. 

This exemption would still result in safe operations and falls within the scope of a 

similar, prior exemption. See Exemption No. 11156. Moreover, operating the sUAS without 30 

minutes of reserve fuel does not engender the type of risks that Section 91.151(a) was meant to 

prevent, given the size and speed at which the sUAS operates and the limited geographic location 

for Boh Bros.’ proposed operations. The fact that it carries no pilot, passenger, or cargo also 

enhances its safety. 

12. 14 CFR § 91, Subpart E (91.401 - 91.417) - Maintenance, Preventive Maintenance, 

and Alterations 

Boh Bros. seeks an exemption from the maintenance inspection requirements contained 

in 14 C.F.R.§ 91.405(a), 91.407(a)(1), 91.409(a)(2); 91.417(a) and (b). These regulations specify 

maintenance and inspection standards in reference to 14 C.F.R. Part 43. See, e.g., 14 C.F.R. § 

91.405(a) (stating that each owner or operator of an aircraft “[s]hall have the aircraft inspected as 

prescribed in subpart E of this part and shall between required inspections ... have discrepancies 

repaired as prescribed in part 43 of this chapter”). An exemption from these regulations is needed 

because Subpart E only applies to aircraft with an airworthiness certificate, which the sUAS will 

not have. 

D. Boh Bros. Request Would Benefit the Public Interest

The public interest will be served by granting Boh Bros.’ Petition for Exemption. 

Congress has established a national policy that favors early integration of sUAS into the NAS in 

controlled, safe working environments such as those proposed in this Petition. 

Using a sUAS will allow Boh Bros. to inspect, photograph, and collect data on hard to 

access areas that otherwise would require worker inspection. Accordingly, the use of sUAS on 

construction sites may reduce the risk of workers falling while inspecting, surveying, or 

monitoring site progress. 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. 

The sUAS could replace the use of helicopters, small aircraft, boats and/or other methods 

that may otherwise be utilized to monitor construction sites. The sUAS we propose to fly in this 

 

1 “Commonly Used Statistics”, Occupational Safety & Health Administration, available at 

https://www.osha.gov/oshstats/commonstats.html. 
application is less than ten pounds and carries no combustible material onboard, thereby 

enhancing safety for workers and the public involved in the inspection process. 

In addition, sUAS reduce the environmental impact of such inspections by decreasing the 

energy used for aerial imaging and data collection over construction sites because sUAS use 

rechargeable lithium ion batteries, as opposed to fossil fuels burned in operation of small aircraft 

that are many hundreds of times heavier. 

Finally, the FAA has previously found use of sUAS for aerial imaging to be in the public 

interest. See, e.g., Exemption No. 11846, Docket No. FAA–2015–0505; Exemption No. 11988, 

Docket No. FAA–2015–1498. 

E. Reasons Why the Exemption Would Not Adversely Affect Safety, or How the 

Exemption Would Provide a Level of Safety at Least Equal to the Existing Rule 

Boh Bros. proposes that the following limitations provide for an equivalent or higher 

level of safety to operations under the current regulatory structure: 

1. The sUAS will be less than 10 pounds. 

2. Flights will be operated within visual line of sight of the PIC and visual observer 

(VO). 

3. Maximum total flight time for each operational flight will be 25 minutes. The sUAS 

calculates battery reserve in real time and will return to its ground station with at least 

25% battery power reserve. 

4. Flights will normally be operated at an altitude of 200 feet AGL, never exceeding 400 

feet AGL. 

5. 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. 

6. Crew for each operation will consist of the PIC and VO who will keep the sUAS 

within their visual line of sight at all times. 

7. The sUAS PIC and VO will be trained in flight, operations, and safety procedures as 

detailed. 

8. The sUAS will only operate within a confined area of a construction site or other job 

site. 

9. 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. 

10.

11. PIC and VO will have been trained in operation of sUASs generally and received upto-date information on the particular sUAS to be operated. 

12. Written and/or oral permission from the relevant property owners will be obtained. 

 

13. 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. 

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

enter failsafe mode and will automatically fly back to its takeoff point and land 

safely. 

15. Boh Bros. will obtain a Certificate of Waiver or Authorization (COA) from the FAA 

Air Traffic Organization prior to conducting operation(s) in the NAS. 

F. A Summary the FAA Can Publish in the Federal Register, Stating: (1) the Rule 

from which Boh Bros. Seeks the Exemption; and (2) a Brief Description of the 

Nature of the Exemption Boh Bros. Seeks 

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: 

Boh Bros. seeks an exemption from the following regulations under 14 C.F.R.: 

21, subpart H; 45.23; 45.29; 61.3; 61.23; 61.113; 91.7; 91.9; 91.103; 91.105; 

91.109; 91.119; 91.12; 91.151; 91.203(a) and (b); 91, Subpart E to operate 

commercially a small unmanned aircraft system (55lbs or less) in construction 

operations. 

Approval of exemptions allowing commercial operations of sUAS in the 

construction industry enhances safety and reduces risk to employees and the 

public by reducing the need for use of in-person inspection by workers and/or 

manned aircraft. Manned aircraft monitoring and surveying creates a greater risk 

because the craft are much larger, have combustible fuel, and carry an onboard 

human pilot. By contrast, using a sUAS weighing less than 10 pounds and 

powered by batteries eliminates virtually all of that risk. Moreover, 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 pounds, conducted in the 

strict conditions outlined above, will provide an equivalent level of safety 

supporting the grant of the exemptions requested herein. These lightweight 

aircraft operate at slow speeds, close to the ground, and in a controlled 

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

in person and/or with manned aircraft. 

G. Any Additional Information, Views, or Arguments Available to Support Your 

Request. 

The following section specifically addresses the information requested in the Section 333 

Guidance from the FAA’s UAS Integration Office. 

 

1. Petitioners should describe how the proposed UAS operation will be safely conducted 

to minimize risk to the NAS or to persons and property on the ground. Specifically, 

petitioners should describe the design and operational characteristics for the type(s) 

of UAS they intend to operate, e.g. aircraft performance and performance limitations, 

operating procedures, and aircraft loading information in as much detail as possible. 

See Section I and paragraphs D and E of Section II above. 

2. Petitioners should describe any procedures they would implement, such as pre-flight 

inspections, maintenance, and repair, to ensure that the sUAS is in a condition for 

safe flight. This could be provided in the petition, an Aircraft Flight Manual, a 

Maintenance and Inspection Manual, or similar document. 

The PIC will perform the following safety inspection before each flight: 

 Check maintenance logs to ensure no more than 20 days has passed since the last 

mechanical check and service. 

 Visually inspect all propellers (look for cracks, dents, or any damage) and engines 

(look for rust, grease, and worn threads). 

 Check signal strength from hand held unit with UAV system. Ensure full control 

and response from main unit. 

 Verify all batteries have a full test charge with 4 green bars. 

Any components found to be unfit for flight will be removed and replaced. The PIC will also 

perform a preflight checklist as set forth in paragraph C(6) above. 

3. The petitioner should describe the Radio Frequency (RF) spectrum used for control 

of the sUAS and associated equipment that is part of the sUAS (i.e., sensors, cameras, 

etc.), and whether it complies with Federal Communications Commission (FCC) or 

other appropriate government oversight agency requirements. 
The operating frequencies are as follows: 5.728 GHz-5.85GHz for the remote control; 

2412-2462MHz for the range extender; and 2.4 GHz ISM for the camera. The ISM band for 

transmitting and receiving covers frequencies from 2.4 to 2.5 GHz. According to the 

manufacture’s website, the remote control communication distance is CE Compliance: 400m; 

FCC Compliance: 800m and the transmitter power is CE Compliance: 25mW; FCC Compliance: 

100mW. 

According to the FCC, channels authorized for this service are between 72.0 – 73.0 MHz 

and 75.4 – 76.0 MHz. There also are six channels between 26.995 MHZ and 27.255 MHz that 

may be used to control devices. In addition, the user manual states that the Phantom 2 Vision+ 

remote controller is FCC compliant. See Exhibit A at p. 16. 

4. Petitioners should describe the qualifications required of any PIC(s) who will be 

directly responsible for the operation of the sUAS, including information such as: the 

level of airman certificate held; any applicable training related to the operation; and 

any minimum hours of flight experience required by the PIC(s), both total flight time 

and the time with the particular sUAS. If the operation would use visual observers, 

petitioners should describe their roles and qualifications. 

The PIC has a private pilot’s license. The VO was an air traffic controller in the U.S. Air 

Force who achieved the rank of E-5 JTAC (Joint Tactical Attack Controller). During the VO’s 

three combat deployments, he gained the following experience: 

 Participated in over 80 successful combat missions in theater. 

 Provided air traffic control for multiple air platforms at the same time. 

 Provided terminal attack control for “danger close” (i.e. friendly forces within 600 

meters of the target) with zero incidents of fratricide (i.e. friendly fire) and a perfect 

safety record on all missions. 

In addition, the PIC and VO will attend a training class provided by the manufacturer and will 

practice in a warehouse for several hours before flying outdoors. 

5. Petitioners should describe the medical standards and certification of the PIC(s) 

directly responsible for the operation of the sUAS. 

The PIC and the VO both have valid Louisiana driver’s licenses, which the FAA has previously 

allowed in lieu of an FAA airman medical certificate. See, e.g., Exemption No. 11799, Docket 

No. FAA–2015–1021. 

6. Petitioners should specify the proposed maximum operating speed and altitude, and 

describe minimum flight visibility and distance from clouds for their intended 

operation(s). Petitioners should describe potential hazards and safety mitigations 

associated with these proposed conditions. 
Maximum flight speed for the Phantom 2 Vision is 15 m/s (approximately 33 mph) and 

will not operate above 400 above ground level. 

7. Petitioners should describe the characteristics of the area of intended operation(s) 

and the associated potential hazards, in accordance with the statutory mandate under 

Section 333 regarding proximity to populated areas. 

The sUAS will be used to photograph construction sites, evaluate the progress of the 

work, and make any other necessary aerial inspections of the work. The flights will usually 

involve flying the sUAS to the center of the site for an aerial photo of the site and will generally 

be restricted to the borders of the jobsite. As the work progresses, the center launch location 

may be moved to a more accessible launch site as necessary. 

The areas intended for use are within the Class G airspace. These areas are primarily 

populated by Boh Bros. employees or subcontractors. All of the individuals at the construction 

site will be outfitted with personal protective equipment, including hardhats, fluorescent vests, 

safety glasses, and protective footwear appropriate for construction sites. 

In addition, the public is generally not authorized or permitted to access these areas once 

construction has started. Nonetheless, Boh Bros. intends to take into consideration the safety and 

privacy of the members of the public in the surrounding neighborhoods while operating the 

sUAS. No photographs will intentionally include members of the public. If a photograph 

unintentionally captures a member of the public, the individual will be cropped out before any 

use is made of the photograph.

8. Petitioners should describe if they intend to operate in the proximity of any airports, 

in accordance with the statutory mandate under Section 333 regarding proximity to 

airports. 

The vast majority of flights will not be within five miles of airports or around manned 

aircraft. If a construction site is within the five mile radius of an airport, the PIC or the VO will 

advise the appropriate airport officials prior to the flight. 

9. The sUAS must be operated within visual line-of-sight (VLOS), in accordance with 

the statutory mandate under Section 333(b)(1). Petitioners should describe how they 

intend to comply with his mandate. 

There will be a line of sight kept at all times on the sUAS by the PIC and the VO. The 

PIC and the VO will remain in verbal communication and eyesight of each other during the 

duration of the flight. 
10. Petitioners should describe any procedures they would implement for conducting a 

preflight safety risk assessment to determine that the sUAS is in a condition for safe 

flight (14 CFR § 91.7(b)) and that the planned operation can be completed safely. 

Boh Bros. will run through the preflight checklist discussed in paragraph C(6) and the 

safety inspection set forth in paragraph G(2) before each flight. 

H. If Boh Bros. Wants to Exercise the Privileges of Boh Bros. Exemption Outside of the 

United States, the Reason Why Boh Bros. Need to Do So 

 Boh Bros. does not wish to exercise the privileges of this exemption outside of the United 

States at this time. 

Sincerely, 

Sara Eagan, Esq. 

Attorney 

Compliance & Contracting Administrator 

Boh Bros. Construction Co., LLC