December 28, 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 1 I of the federal Aviation Regulations from 14 CFR 61.11 (a) & (b); 9 1.103(b); 91.119; 91.121, 91.151(a); 91.405 (a); 91.407(a) (1); 91.409 (a) (2 ); 91.417 (a) & (b).

To whom it may concern:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, Walbridge, a construction management company, hereby applies for an exemption from the listed Fed eral Aviation Regulations (“FARs”) to allow commercial operation of its Small Unmanned Aircraft Systems (“sUAS”) for aerial imaging for both safety and monitoring purposes of secured and controlled const ruction sites, so long as such operations are condu cted within and under the conditions outlined herein or as may be established by the FAA as required by Section 333. As detailed in this and all supporting attached doc uments, the requested exemption would permit the operation of sUAS under controlled conditions in airspace that is 1) limited 2) predetermined 3) controlled a s to access and 4) would provide safety enhancements to the existing extensive safety proto cols followed by Walbridge at every one of our sites. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation's (the FAA Administrator’s) responsibilities to “...establ ish requirements for the safe operation of such aircraf t systems in the national airspace system.” Section 333(c) of the Reform Act.

The name and address of the applicant is: Walbridge 777 Woodward Ave, Suite 300 Detroit, MI 48226

Email: WalbridgeTech@Walbridge.com or ACrabb@Walbridge.com

Regulations from which the exemption is requested:

14 C.F.R. Part 2114 C.F.R. 45.23(b) 14 C.F.R. 61.113 (a) & (b) 14 C.F.R. 91.7 (a) U 14 C.F.R. 91.9 (b) (2)

14 C.F.R. 91.103

14 C.F.R. 91.1091

14 C.F.R. 91.119

14 C.F.R. 91.121 U 14 C.F.R. 9 l . 15 l (a) 14 C.F.R. 91.203 (a) & (b) 14 C.F.R. 91.405 (a) 14 C.F.R. 407 (a) (1) U 14 C.F.R. 409 (a) (2) L. 14 C.F.R. 417 (a) & (b)

I. STATUTORY AUTHORITY FOR EXEMPTIONS

The Federal Aviation Act expressly grants the FAA a uthority to issue exemptions. This statutory authority includes exempting civil aircraft, as the term is defined under §40101 of the Act including sUASs, from the require ment that all civil aircraft must have a current airworthiness certificate.

The Administrator may grant an exemption from a req uirement 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 t he public interest. 49 U.S.C. §44701(I) See also 49 USC §44711(a); 49 USC §44704; 14 CFR §9 l.203(a) (1).

Section 333(b) of the Reform Act assists the Secret ary in determining whether sUAS may operate in the National Airspace System (NAS) without creating a hazard to the user, the public, or a threat to national secur ity. If the Secretary

determines that a sUAS "may operate safely in the national airspace s ystem, the Secretary shall establish requirements for the safe operation of such aircraft in the national air space system.” Id. §333(c).

Walbridge’s sUAS are multirotor vehicles, weighing 10 or fewer lbs. including payload. They operate under normal conditions at a speed of no more than 50 knots and have the capability to hover, and move in the verti cal and horizontal plane simultaneously. The sUAS will operate only in the P ilot’s visual line of sight at all times and will operate only within the sterile area described in the outlined safe flight checklist, at tached as Exhibit 1 (hereinafter "the checklist”). Such Operations will insure that the

sUAS will 'not create a hazard to users of the nati onal airspace system or the public.” Reform Act Section 333 (b).

Given the small size of the sUAS involved and the r estricted and sterile environment within which they will operate, our application falls squarely within the zone of safety (an equivalent level of safety) in w hich Congress envisioned that the FAA must, by exemption, allow commercial operations of sUAS t o commence immediately. Also due to the small size of the sUAS and the low

altitudes and restricted areas in which the sUAS will operate, approval of the application presents no national security issue.

Given the clear direction in Section 333 of the Ref orm Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the proposed operations, and the signif icant public benefit, including enhanced safety, the grant of the requested exempti ons is in the public interest. Accordingly, Walbridge respectfully requests that t he FAA grant the requested exemption without delay.II. PUBLIC INTEREST

This exemption application is expressly submitted t o 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 requ ired 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 sUAS on a construction site can signific antly reduce the risk to workers of falls while inspecting, surveying or monitoring site progress. sUAS’ can inspect, photograph, and collect data on hard to ge t to areas that otherwise would require worker inspection. Falls are a leading source of wo rkplace fatality and injury on construction sites', and reducing falls through sUAS use for site imaging could save workers lives.

Additionally, sUAS could replace the use of helicop ters and small aircraft to monitor sites. The sUAS we propose to fly in this application are under ten pounds, and carry no combustible material on board as opposed t o the much larger conventionally powered small aircraft. Shifting to sUAS from helic opters presents a marked safety increase for our workers and the public.

Lastly, sUAS reduce the environmental impact by dra matically decreasing the energy used for aerial imaging and data

collection over a construction site. Our sUAS use rechargeable lithium ion batteries, as opposed to f ossil fuels burned in operation of small aircraft that are many hundreds of times heavier. I n addition, by allowing a higher level of accuracy in stockpile estimates, less material will be wasted h elping to reduce the environmental impact even furt her.

III. EQUIVALENT LEVEL OF SAFETY’

Walbridge proposes that the exemption requested her ein apply to sUAS that have the characteristics and that operate with

the limitations listed herein. These limitations provide for at least an equivalent or even higher l evel of safety to operations under

the current regulatory structure because the proposed o perations 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.

Walbridge will be bound by the following limitation s when conducting its sUAS operations under an FAA issued exemption:

1. The sUAS will be less than 10 pounds.

2. Flights will be operated within visual line of sigh t of a pilot.

3. Maximum total flight time for each operational fligh t will be 30 minutes. The UAS calculates battery reserve in real time, and will return to its ground station with at least 20% battery power reserve should that occur p rior to the 30 minute limit.

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 f lown 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 sUAS Pi lot who will keep the sUAS within his visual line of sight at all times, as we ll as a spotter who will act as an alternate if something happens to the primary pilot.

7. The sUAS Pilot and spotter will both be trained in all flight, operations, and safety procedures as de tailed in the manual and safe flight checklist.

8. The sUAS will only operate within a confined “Steri le Area” as defined in the checklist. The checklist also establishes a “safe perimeter” for the flight area.

9. A briefing will be conducted in regard to the plann ed 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 safe ty perimeter be present for this briefing.

10. All onsite personnel will consent to the UAS flyove r on site by waiver, and the operator will obtain additional verbal or written consent of all persons who will be allowed within 100 feet of the flight operation.

11. Pilot will have been trained in operation of sUAS’s generally and received up-to-date information on the particular UAS to be operated.

12. Written and oral permission from the relevant prope rty holders will be obtained.

13. All required permissions and permits will be obtain ed 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 s ignal, it will have capability to enter “loiter mode” and hover, reestablish satellite connection, and return to a pre- determined location within the Security Perimeter a nd land.

14 CFR 61.113 (a) & (b): Private pilot privileges a nd limitations: Pilot in command

Sections 61.113 (a) & (b) limit private pilots to n on-commercial operations. Because the sUAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent leve l of safety of current operations by requiring the Pilot operating the aircraft as well as the spotter to have (1) completed a sUAS trainin g course in addition to 30 hours of practice flight s before flying a sUAS job and (2) a Sport Pilot certificate. The FAA has previously ack nowledged in prior grants of exemption under Sectio n 333 that a commercial pilot’s certificate was not necessary to operate a sUAS, bu t that the FAA could not waive the requirement for an FAA-issued pilot’s license. A Sport Pilot certificate addresses the FAA’s require ment that the Pilot in command have the requisite t raining and understanding of the National Airspace System, and also ensures that the Pilot is registered with the FAA and will not pose a risk to national security. The Sport Pilot certificate also does not require the Pilot t o undertake the additional cost and time of additio nal manned aviation flight time that the Private Pilot’s license requires and which will not translate to skill or competency operating the sUA S.

Unlike a conventional aircraft that carries the pil ot and passengers, the sUAS is remotely controlled with no living thing or cargo on board. DJI’s sUAS is also able to be operated by an autopilot, which greatly reduces the danger of h uman error. The area of operation is controlled and restricted to hard hat areas, and all flights a re planned and coordinated in advance as set forth in the checklist.

The sUAS to be operated hereunder is less than 10 l bs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured area as set out in the checklist. Like other civil aircraft, operations under this exemption will be tightly controlled and monit ored by the operator, pursuant to the checklist’s requirements, and under the requirementsand in compliance with local public safety requirements, to provide s ecurity for the area of operation as is currently done on active

construction sites.

The risks associated with the operation of the sUAS are therefore diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, and allowing operations of the sUAS as req uested with a Pilot who has met the minimum requirements stated in Section F of the Manual achi eves the level of safety contemplated by 14 C.F.R. §6 1. 113 (a) & (b).

14 C.F.R. 91.103: Preflight Action

This regulation requires each pilot in command take certain actions before flight to ensure the safety of the flight. An exemption is needed from this requirement as the Pilot will take separate preflight actions, including checking for weather conditions, checking flight battery requirements, checking takeoff and landing distances, as well as all other actions in the c hecklist and sUAS manual. These actions will provide an equivalent level of safety.

14 C.F.R. 91.119: Minimum Safe Altitudes

Section 91. 119 establishes safe altitudes for oper ation of civil aircraft. Section 91. 119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any r oute or altitudes prescribed for helicopters by the FAA. This exemption is for a mul tirotor craft that flies similarly to a helicopter with vertical takeoff and vertical landing, which will typically operate at altitudes of 200 AGL, so an exemption may be needed to allow such operations.

The sUAS will never operate at altitude higher than 400 AGL and will be in a restricted area with security perimeter, where buildings and people will not be exposed to operati ons without their pre-obtained consent.

The equivalent level of safety will be achieved giv en 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 or local officials. Because o f the advance notice to the

property owner and any onsite personnel as outlined in the c hecklist, all affected individuals will be aware of the planned flight operations. 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 opera tions of the sUAS will ensure separation between sUAS operations and the operations of conventional aircr aft that must comply with Section 91.119.

14 C.F.R. 91.121: Altimeter Settings

This regulation requires each person operating an a ircraft 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 depa rture.” As the sUAS may

not have a barometric altimeter, but instead a GPS altitude re ad out, an exemption may be needed. An equivalent l evel of safety will be achieved by the operator, pursuant t o the Manual and Safety Check list, confirming the altitude of t he launch site

shown on the GPS altitude indicator before flight.

14 CFR 91.151 (a): Fuel requirements for flight in VFR conditions Section 91.151 (a) outlines fuel requirements for b eginning a flight in VFR conditions. Our sUAS is limited to operations in

sterile and controlled environments as outlined in the Manual, and has a limited range and flight time which require an exemption from 14 CFR 91.151(a).

The battery powering the sUAS provides approximatel y 35 minutes of powered flight. To meet the 30 minute reserve requirement in 14 CFR §91.151, sUAS flights would be limited to approximately 5 minutes in length. Given the limitations on the sUAS’s proposed flight area and the location of its propos ed operations within a predetermined area, a longer time frame for flight in daylight or night VFR conditions is reasonable.

Walbridge believes that an exemption from 14 CFR §9 1.151(a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151 (a)). Op erating the small sUAS, in a tightly controlled area where only people and property owne rs or official representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does not engender the type of risks that Section 91.151(a) w as intended to alleviate given

the size and speed of the small UAS. Additionally, limiting sUAS flights to 5-10 minutes would greatly reduce the utility for which the exemption will be granted.

An equivalent level of safety can be achieved by li miting flights to 30 minutes, or enough battery reserve to ensure that the sUAS lands at the ground station with at least 20% of battery power (as determined by the onboard monitor ing system and the Pilot),

whichever happens first. This restriction would be more than adequate to return the sUAS to its planned landing zone from anywhere in its limited operating area. Similar exemptions have been granted to other opera tions, including Exemptions 2689F, 5745, 10673, and 10808.

14 CFR 91.405 (a), 407 (a)(1), 409 (a)(2); 417 (a) & (b): Maintenance inspections

These regulations require that an aircraft operator or owner “shall have that aircraft inspected as prescribed in subpart E of this part a nd shall between required inspections, except as provided in paragraph © of this section, have discrepancies repaired as prescribed in part 43 of this chapter, and others shall inspect or mainta in the aircraft in compliance with Part 43.

Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to Walbr idge. Maintenance will be accomplished by the operator pursuant to the flight manual and o perating handbook as referenced in the Manual. An equivalent level of safety will be achieved because these small sUAS are very limited in size and will carry a small payload and operate onlyin restricted areas for limited periods of time. If mechanical issues arise the sUAS can land immediately and will be operating front no higher than 400 feet AGL. As provided in the checkl ist, the Pilot will ensure that the sUAS is in working order prior to initiating flight, perform required maintenance and keep a log of any maintenance perfo rmed. Moreover the Pilot is the person most familiar with the

aircraft and best suited to maintain the aircraft i n an airworthy condition to provide the equivalent level of safety.

******

Pursuant to 14 C.F.R. Part 11, the following summar y is provided for publication in the Federal Register, should it be determined that publication is needed:

Applicant seeks an exemption from the following rul es: 14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b);14 C.F.R. §§ 61. 113( a) & (b);91.7

(a); 91.9 (b) (2);91.103(b);9l.109: 91.119, 91.121, 91.151(a);91.203(a) and (b); 91.405
(a): 91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle (55 lbs or le ss) in construction operations.

Approval of exemptions allowing commercial operatio ns of sUAS in the construction industry enhances safety while reducing risk. Manne d aircraft monitoring and surveying creates a greater risk because the craft are much l arger, have combustible fuel and carry an onboard human pilot. In contrast, a sUAS weighing fewer than 10 l bs. and powered by batteries eliminates virtually all of that risk giv en the reduced mass

and lack of combustible fuel carried on board. The sUAS will ca rry 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 lbs., conducted in the strict conditions outlined above, will provide an equivale nt level of safety supporting the grant of the exemptions requested herein, including exemp ting the applicant from the requirements of Part 21 and allowing commercial operations. These lightweight a ircraft operate at slow speeds, close to the ground, and in a steri le environment and, as a result, are far safer than conventional operations conducte d with turbine helicopters operating in close proxi mity to the ground and people.

Privacy

All flights will occur over private or controlled a ccess property with the property owner’s prior consent and knowledge. Images taken will

be of individuals who have also consented to being filmed or otherwise have agreed to be in the area where aerial photography will take place.

******

Satisfaction of the criteria provided in Section 33 3 of the Reform Act of 2012--size, weight, speed, operating capabilities, controlled operating environment and operation within visual line of sight and national security

— provide more than adequate justification for the grant of the requested exemptions allowing commercial ope ration of applicant’s sUAS in construction industry pursuant to the check list appended

hereto.

Sincerely,

Drew Crabb Walbridge Technologies VDC Specialist