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); 91.103(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 Federal 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 construction sites, so long as such operations are conducted 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 documents, the requested exemption would permit the operation of sUAS under 

controlled conditions in airspace that is 1) limited 2) predetermined 3) controlled as to access and 4) would provide safety

enhancements to the existing extensive safety protocols 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 “...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: 

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 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(I) See also 49 USC §44711(a); 49 USC §44704; 14 CFR §9l.203(a) (1). 

Section 333(b) of the Reform Act assists the Secretary 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 security. If the Secretary 

determines that a sUAS "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.” 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 vertical and horizontal plane

simultaneously. The sUAS will operate only in the Pilot’s visual line of sight at all times and will operate only within the sterile area 

described in the outlined safe flight checklist, attached as Exhibit 1 (hereinafter "the checklist”). Such Operations will insure that the 

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

Given the small size of the sUAS 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 sUAS to 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 Reform Act, the authority contained in the Federal Aviation Act, as 

amended; the strong equivalent level of safety surrounding the proposed operations, and the significant public benefit, including

enhanced safety, the grant of the requested exemptions is in the public interest.

Accordingly, Walbridge respectfully requests that the FAA grant the requested exemption without delay.
II. 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 sUAS on a construction site can significantly reduce the risk to workers of falls while inspecting, surveying or 

monitoring site progress. sUAS’ can inspect, photograph, and collect data on hard to get to areas that otherwise would require

worker inspection. Falls are a leading source of workplace 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 helicopters 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 to the much larger conventionally

powered small aircraft. Shifting to sUAS from helicopters presents a marked safety increase for our workers and the public.

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

collection over a construction site. Our sUAS use rechargeable lithium ion batteries, as opposed to fossil fuels burned in 

operation of small aircraft that are many hundreds of times heavier. In addition, by allowing a higher level of accuracy in 

stockpile estimates, less material will be wasted helping to reduce the environmental impact even further. 

III. EQUIVALENT LEVEL OF SAFETY’

Walbridge proposes that the exemption requested herein 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 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.

Walbridge will be bound by the following limitations 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 sight of a pilot. 

3. Maximum total flight time for each operational flight 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 prior 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 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 sUAS Pilot who will keep the sUAS within his visual line of sight at all times, as well 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 detailed in the manual and 

safe flight checklist. 

8. The sUAS will only operate within a confined “Sterile 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 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. All onsite personnel will consent to the UAS flyover 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 property holders 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 “loiter mode” and hover, reestablish 

satellite connection, and return to a pre- determined location within the Security Perimeter and land.

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

Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Because the sUAS will not carry a pilot or passengers, the 

proposed operations can achieve the equivalent level of safety of current operations by requiring the Pilot operating the aircraft as well 

as the spotter to have (1) completed a sUAS training course in addition to 30 hours of practice flights before flying a sUAS job and (2) a 

Sport Pilot certificate. The FAA has previously acknowledged in prior grants of exemption under Section 333 that a commercial pilot’s 

certificate was not necessary to operate a sUAS, but that the FAA could not waive the requirement for an FAA-issued pilot’s license. A 

Sport Pilot certificate addresses the FAA’s requirement that the Pilot in command have the requisite training 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 to undertake the additional cost and time of additional manned aviation flight time that the 

Private Pilot’s license requires and which will not translate to skill or competency operating the sUAS. 

Unlike a conventional aircraft that carries the pilot 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 human error. The area of operation is controlled 

and restricted to hard hat areas, and all flights are planned and coordinated in advance as set forth in the checklist. 

The sUAS to be operated hereunder is less than 10 lbs. 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 monitored by the operator, pursuant to the checklist’s requirements, and under the requirements 
and in compliance with local public safety requirements, to provide security 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 requested with a Pilot who has met the minimum 

requirements stated in Section F of the Manual achieves 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 checklist 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 operation 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 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 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 operations without their pre-obtained consent.

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 or local officials. Because of the advance notice to the 

property owner and any onsite personnel as outlined in the checklist, 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 operations of the sUAS will ensure separation between sUAS 

operations and the operations of conventional aircraft that must comply with Section 91.119.

14 C.F.R. 91.121: Altimeter Settings

This regulation 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 may 

not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level of 

safety will be achieved by the operator, pursuant to the Manual and Safety Check list, confirming the altitude of the 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 beginning 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 approximately 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 proposed 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 §91.151(a) falls within the scope of prior exemptions. See Exemption 10673 

(allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151 (a)). Operating the small sUAS, in a 

tightly controlled area where only people and property owners 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) was 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 limiting 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 monitoring 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 operations, 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 and 

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 maintain 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 Walbridge. 

Maintenance will be accomplished by the operator pursuant to the flight manual and operating 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 only 
in 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 checklist, 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 performed. Moreover the Pilot is the person most familiar with the 

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

****** 

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:

Applicant seeks an exemption from the following rules: 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 less) in 

construction operations.

Approval of exemptions allowing commercial operations of sUAS in the construction industry enhances safety while reducing risk. Manned 

aircraft monitoring and surveying creates a greater risk because the craft are much larger, have combustible fuel and carry an onboard human 

pilot. In contrast, a sUAS weighing fewer than 10 lbs. and powered by batteries eliminates virtually all of that risk given the reduced mass 

and lack of combustible fuel carried on board. 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 lbs., conducted in the strict conditions outlined above, will provide an equivalent level 

of safety supporting the grant of the exemptions requested herein, including exempting the applicant from the requirements of Part 21 and 

allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a sterile environment and, as a 

result, are far safer than conventional operations conducted with turbine helicopters operating in close proximity to the ground and people.

Privacy 

All flights will occur over private or controlled access 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 333 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 operation of applicant’s sUAS in construction industry pursuant to the checklist appended 

hereto.

Sincerely, 

Drew Crabb 

Walbridge Technologies 

VDC Specialist