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 Mode rnization 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 av iation regulations identified below, which would allow commercial operation of Boh. Bros.’ Sm all Unmanned Aircraft Systems (“sUAS”) for photographing and monitori ng construction sites.

Boh Bros. has been in business for over 100 y ears and is one of th e largest and most respected general contractors in the Southern United States with over 1,300 skilled craftsmen, experienced project managers a nd dedicated professionals. Boh Bros. has expertise with heavy construction, marine construction, paving and utilities, and pile dr iving. 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 re quested exemption would permit the operation

of sUAS under controlled conditions in limited airspace with rest ricted access and would further enhance safety at construction si tes. Accordingly, approval of this exemption would fulfill the FAA Administrator’s respons ibilities to “...establish requireme nts 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 airs pace system.” Pursuant to Section 333 of the FMRA, the FAA Administrator is to permit unmanne d 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 visu al 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 wh en the Administrator decides a requested exemption is in the public interest. See 49 U.S.C. § 106(f) (defin ing the authority of the Administrator); 49 U.S.C. § 44701(f) (permit ting exemptions from § 44701(a), (b) and §§ 44702-44 716, et seq .).

Boh Bros. proposed sUAS is a Phantom 2 Vi sion+ (pictured below), which is a multirotor vehicle, weighing 10 pounds or less incl uding 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 w ill 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 creat e a hazard to users of the NAS or the general public.

In short, Boh Bros.’ requested exemptions ar e in the public interest because the proposed operations (1) have a strong equivalent level of sa fety when compared to aircraft normally used for the purpose of aerial imaging, (2) and confer significant public benef its, including enhanced safety and reduced environmental impact. Accord ingly, 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 pe tition should be sent to Boh Bros. at the address listed above, to the atte ntion of Sara Eagan, who will be the point of contact for this petition.

B. Specific Sections of 14 C.F.R. fr om 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: Re quirement 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 aircraf t: Certifications required

 91, Subpart E – Maintenance, Preven tive 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 equiva lent 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 perhour, and it will not be flown in controlled airspa ce 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. Additio nally, 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 th at 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 characteristic s of the chosen sUAS that fail to meet the requirements of the FMRA, an exemp tion 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 airc raft 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 ci vil 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, ma rking and placard requirements.

When marks include only the Roman cap ital 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 cab in, 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 disp lay 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 l ack of a cabin, cockpit, or pilot station pr event Boh Bros. from complying with these requirements. In addi tion, the FAA has previously determined that exemption from these requirements was warranted, pr ovided 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 Exem ption 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 th e craft with markings that ar e 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: P ilot 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 Br os. notes that the training and education of individuals with a private or commercial pilo t’s license does not nece ssarily ensure that individual is able to operate sUAS in low altit ude environments, particul arly given the significant

differences in the controls be tween conventional aircraft and sUAS. Accordingly, Boh Bros. believes that a requirement for a commercial or private pilot's license is unnece ssary, and that thorough training on the sUAS woul d 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 fo r compensation or hire, and which would also require a second class medical certi ficate. 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 co mmercial operation, it carries neither passengers nor cargo. Indeed, in the Grant of Exem ption in FAA Docket No. FAA-2014-0352, the FAA determined that the unique characteristics of s UAS operation outside of controlled airspace did

not warrant the additional cost and restrictio ns 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 flig ht manual be kept in the aircraft. Section 91.203(a) prohibits, in pertinent part, any person from operating a civil ai rcraft unless it has within it (1) an appropriate and current airworth iness certificate; and (2) an effective U.S. registration certificate issued to its owner or, fo r operation within the United States, the second copy of the Aircraft Registrati on Application as provided for in 14 C.F.R. § 47.31(c). Section 91.203(b) states, in pertinent part, that no pe rson may operate a civi l 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 F AA 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) – Civ il aircraft airworthiness

Section 91.7(a) prohibits the operati on 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 re quested from this regulation.

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

Boh Bros. seeks an exemption from Sec tion 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 a nd 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 locati ons 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 wi th 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 Sectio n 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 do es not have functional dual cont rols. Instead, flight control is accomplished through a remote control that communicat es 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 ai rcraft. Specifically, 91.119(c) limits aircraft flying over areas other than congested area s 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 mini mums prescribed, provided the person operating the helicopter complies with any r oute or altitudes prescr ibed for helicopters by the FAA. This exemption is for a multirotor craft th at flies similarly to a helicopter, with vertical takeoff and vertical landing, wh ich will typically operate at al titudes 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 achieve d given the size, weight, speed of the sUAS as well as the location where it is operated. No f light 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 pl anned 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 c onventional 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 ai rcraft to maintain cruising altitude by

reference to an altimeter that is set “...to the elevation of the de parture 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 exemp tion is needed. The FAA has stated that an equivalent level of safety can be achieved if th e 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 c onditions) there is enough fuel to fly to the first point of intended landi ng and, assuming normal cruising speed -(1) During the day, to fly after th at for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.

Here, the technological limitations on UAS batte ry power mean that meaningful flight operations cannot be conducted whil e still maintaining a 30 minute reserve. Instead, Boh Bros. proposes that all flights comply with this requi rement 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 t ype of risks that Section 91.151(a) was meant to prevent, given the size and speed at which th e 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) - Ma intenance, 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 th e 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 gr anting Boh Bros.’ Petition for Exemption. Congress has established a national policy that favor s 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 wo rkers falling while inspecting, surveying, or monitoring site progress. Fall s are a leading source of wor kplace fatality and injury on

construction sites 1 , and reducing falls through sUAS use fo r 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 construc tion sites. The sUAS we propose to fly in this

1 “Commonly Used Statistics”, Occupational Safe ty & Health Administration, available at https://www.osha.gov/oshs tats/commonstats.html.application is less than te n 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 im pact of such inspections by decreasing the energy used for aerial imaging and data collec tion 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 sU AS 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 limitati ons provide for an eq uivalent or higher level of safety to operations under th e current regulatory structure:

1. The sUAS will be less than 10 pounds.

2. Flights will be operated within visual line of sight of the PI C and visual observer (VO).

3. Maximum total flight time for each operationa l flight will be 25 minutes. The sUAS calculates battery reserve in real time and w ill return to its ground st ation with at least 25% battery power reserve.

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

feet AGL.

5. Any site within 5 miles of an airport wi ll not be flown without notification and approval of the local FAA Flight Standa rds 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 fli ght, 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 beperforming duties within the boundaries of th e safety perimeter be present for this briefing.

10.

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

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

13. All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law en forcement, 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 Certif icate 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 Exemptio n; 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 determ ined that publication is needed:

Boh Bros. seeks an exemption from th e 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 sy stem (55lbs or le ss) in construction operations.

Approval of exemptions allowing co mmercial operations of sUAS in the construction industry enhances safety a nd 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 monitori ng 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 pr ovide an equivalent level of safety supporting the grant of the exemptions requested herein. These lightweight aircraft operate at slow speeds, close to the gr ound, and in a controlled environment and, as a result, are far sa fer than conventiona l 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 th e information requested in the Section 333 Guidance from the FAA’s UAS Integration Office.

1. Petitioners should describe how the propos ed UAS operation will be safely conducted to minimize risk to the NAS or to pers ons and property on the ground. Specifically, petitioners should describe the design and operational characteristics for the type(s) of UAS they intend to oper ate, e.g. aircraft performan ce and performance limitations, operating procedures, and aircraft loading info rmation 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 ensu re 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 Manua l, or similar document.

The PIC will perform the following safe ty 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 cr acks, 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 se t forth in paragraph C(6) above.

3. The petitioner should describe the Radio Fr equency (RF) spectrum used for control of the sUAS and associated equi pment that is part of the sU AS (i.e., sensors, cameras, etc.), and whether it complies with Fede ral Communications Commission (FCC) or other appropriate government o versight 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 re mote control communication dist ance 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 ch annels between 26.995 MHZ and 27.255 MHz that may be used to control devices. In addition, th e 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 th e sUAS, including information such as: the level of airman certificate he ld; any applicable training rela ted 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 th eir roles and qualifications.

The PIC has a private pilot’s license. The VO wa s an air traffic contro ller 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 ga ined 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 “dange r close” (i.e. friendly forces within 600
meters of the target) with zero incidents of fratricide (i.e. friendl y fire) and a perfect
safety record on all missions.

In addition, the PIC and VO will attend a traini ng class provided by the manufacturer and will practice in a warehouse for severa l hours before flying outdoors.

5. Petitioners should describe the medical st andards and certification of the PIC(s) directly responsible for th e operation of the sUAS.

The PIC and the VO both have valid Louisiana driv er’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 pot ential hazards and safety mitigations associated with these proposed conditions.Maximum flight speed for the Phantom 2 Vi sion is 15 m/s (approximately 33 mph) and will not operate above 400 above ground level.

7. Petitioners should describe the characterist ics 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 construc tion 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 Cla ss G airspace. These areas are primarily populated by Boh Bros. employees or subcontractors. All of the individu als 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 genera lly not authorized or permitted to access these areas once

construction has started. Nonethel ess, Boh Bros. intends to take into consideration the safety and privacy of the members of the public in th e surrounding neighborhoods while operating the sUAS. No photographs will intentionally incl ude 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 th ey intend to operate in the proximity of any airports, in accordance with the statutory mandat e under Section 333 regarding proximity to airports.

The vast majority of flights will not be with in 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 S ection 333(b)(1). Petitioners should describe how they intend to comply with his mandate.

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

PIC and the VO will remain in verbal communi cation 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 determin e that the sUAS is in a condition for safe flight (14 CFR § 91.7(b)) and that the planne d operation can be completed safely.

Boh Bros. will run through the preflight check list 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 Privile ges 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 priv ileges of this exemption outside of the United

States at this time.

Sincerely,

Sara Eagan, Esq. Attorney Compliance & Contracting Administrator Boh Bros. Construction Co., LLC