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www.lockelord.com

T. Patrick Byrnes

Direct Telephone: 312-443-0286

Direct Fax: 312-896-6286

pbyrnes@lockelord.com

March 7, 2016 

U.S. Department of Transportation 

Docket Operations 

West Building Ground Floor 

Room W12-140 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Re: Exemption Request Pursuant to Section 333 of the FAA Modernization and Reform Act 

of 2012, 49 U.S.C. § 44701(f), and Part 11 of the Federal Aviation Regulations from: 14 

CFR Part 21, Subpart H; 61.101(e)(4)&(5); 61.113(a); 61.315(a),(c)(1),(2)&(3); 

61.23(a)&(c); 91.7(a); 91.119(c); 91.121; 91.151(a)(1); 91.405(a); 91.407(a)(1); 

91.409(a)(1)&(2); 91.417(a)&(b). 

Dear Sir or Madam: 

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

Subsection (f) of 49 U.S.C. § 44701, and 14 CFR Part 11, Chicago Bridge & Iron (“CB&I”) seeks 

an exemption from the Federal Aviation Regulations (“FARs”) listed in Section II below to allow 

operation of its small Unmanned Aircraft Systems (“sUAS”) for commercial purposes.1

CB&I is the most complete energy infrastructure focused company in the world. With 125 years 

of experience and the expertise of approximately 42,000 employees, CB&I provides reliable 

solutions while maintaining a relentless focus on safety and an uncompromising standard of 

quality. In fact, CB&I is the first engineering, procurement and construction company to win the 

prestigious Green Cross for Safety medal awarded by the National Safety Council. 

CB&I seeks to utilize its sUAS, the DJI Phantom 3 Professional and the DJI Inspire 1, to perform 

aerial imagery, inspection, surveying and data collection of its construction projects at various 

controlled access sites. As set forth herein and in the material submitted herewith, 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 reduce 

environmental impact and provide safety enhancements to the already best practices and safety 

protocols followed by CB&I. Approval of this petition would thereby enhance safety and fulfill 

 

1

 The small unmanned aircraft component of the sUAS is referred to herein as the “sUA”. 
U.S. Department of Transportation 

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March 7, 2016 

Page 2

the Secretary of Transportation’s responsibility under Section 333(c) of the Reform Act to “... 

establish requirements for the safe operation of such aircraft systems in the national airspace 

system.” Moreover, the FAA has previously granted numerous exemption requests for sUAS 

uses similar to those proposed by CB&I, as well as exemption requests seeking to operate the 

same sUAS models as CB&I proposes.2 See e.g., FAA Exemption Nos. 11109, 11469, 11743,

11846, 12272, 12946, 13729, 14011, 14510, 14569 (exemptions involving similar operations); 

11899A, 12851, 12876, 12903, 12912, 13976 (exemptions involving same model sUAS). 

Accordingly, CB&I respectfully requests that the FAA grant this petition for exemption without 

delay. 

I. APPLICANT INFORMATION

The name, address and contact information of the primary contact for this petition is: 

Angela M. Belden 

Senior Engineering Systems Manager 

CB&I 

2481 NW Boca Raton Boulevard 

Boca Raton, FL 33431 

561.361.3152 

Angela.Belden@cbi.com 

II. REGULATIONS FROM WHICH EXEMPTION IS REQUESTED 

• 14 CFR Part 21, Subpart H; 

• 14 CFR 61.101(e)(4)&(5); 

• 14 CFR 61.113(a); 

• 14 CFR 61.315(a),(c)(1),(2)&(3); 

• 14 CFR 61.23(a)&(c);

• 14 CFR 91.7(a); 

• 14 CFR 91.119(c); 

• 14 CFR 91.121; 

• 14 CFR 91.151(a)(1); 

• 14 CFR 91.405(a); 

• 14 CFR 91.407(a)(1); 

• 14 CFR 91.409(a)(1)&(2); and, 

• 14 CFR 91.417(a)&(b).

 

2

 CB&I has submitted with this petition the following materials provided by DJI, the 

manufacturer of CB&I’s sUAS, which provide detailed information regarding the sUAS CB&I 

seeks to operate: Inspire 1 Series Safety Guidelines and Disclaimer, V1.2, 2015.10; Inspire 1 

User Manual, V2.0, 2015.11; Phantom 3 Safety Guidelines and Disclaimer, V1.4, 2015.11; 

Phantom 3 Professional User Manual V1.6, 2015.10. 
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III. STATUTORY AUTHORITY FOR EXEMPTION 

The Federal Aviation Act (the “Act”) expressly grants the FAA authority to issue exemptions 

such as those sought herein. See 49 U.S.C § 44701(f). This statutory authority includes 

exempting civil aircraft, as the term is defined under §40102 of the Act, including sUA, from the 

requirements that all civil aircraft must have a current airworthiness certificate and those 

regulations requiring commercial pilots to operate aircraft in commercial service. In particular, 

Section 44701(f) of the Act provides that “[t]he Administrator may grant an exemption from a 

requirement of a regulation prescribed under subsection (a) or (b) of this section or any of 

sections 44702–44716 of this title if the Administrator finds the exemption is in the public 

interest.” Id. 

Section 333 of the Reform Act sets forth Congress’ mandate to accelerate the introduction of 

sUAS into the National Airspace System (“NAS”) if it can be accomplished safely. The Reform 

Act specifically directs the Secretary of Transportation to determine if certain sUAS may operate 

safely in the NAS before the rule making required under Section 332 of the Reform Act is 

completed. See Reform Act at §333(a). 

In making this determination, the Secretary is required to determine which types of sUAS do not 

create hazards to users of the NAS or the public, or pose a threat to the national security in light 

of the following: 

• The sUAS’s size, weight, speed and operational capability; 

• Operation in close proximity to airports and populated areas; and, 

• Operation within visual line of sight of the operator. 

See Reform Act at §333(b)(1). If the Secretary determines that such sUAS “may operate safely 

in the [NAS], the Secretary shall establish requirements for the safe operation of such aircraft 

systems in the [NAS]”. Id. at § 333(c) (emphasis added). 

CB&I’s proposed sUAS utilize sUA that are multi-rotor vehicles, weighing less than 10 lbs. They 

will operate under normal conditions at a speed of no more than 50 mph, and have the 

capability to hover, and move in the vertical and horizontal plane simultaneously. They will be 

operated only at controlled access sites within the visual line of sight of the pilot-in-command 

(“PIC”) and visual observer (“VO”), and only in accord with the procedures prescribed in CB&I’s 

Procedure for Small Unmanned Aircraft Systems Operations for the USA (“CB&I’s 

Procedures”).3 Such operations will ensure that CB&I’s sUAS will “not create a hazard to users 

of the [NAS] or the public.” See Reform Act at § 333(b)(1). Further, due to the small size of the 

sUA and the low altitudes and restricted areas in which they will operate, approval of CB&I’s 

petition presents no national security issue. The lack of any threat to national security is further 

 

3

 CB&I submits its Procedures along with its sUAS Pre-flight Checklist, exemplar sUAS 

Flight Log, exemplar sUAS Maintenance and Repair Log, Incident Notification Procedure, and 

exemplar Job Safety Analysis form as confidential pursuant to 14 CFR 11.35, as these materials 

contain confidential commercial and proprietary information that CB&I has not and will not share 

with others, is not available to the public, and is protected from release under the Freedom of 

Information Act, 5 U.S.C. § 552, et seq. 
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March 7, 2016 

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reinforced by the fact that all individuals who will operate the sUAS will hold at a minimum a 

sport pilot certificate and will thus have been subject to a security screening by the U.S. 

Department of Homeland Security. 49 U.S.C. § 44903(j)(2)(D)(i). 

Given the small size of the sUA involved and the restricted environment within which they will 

operate, CB&I’s petition falls squarely within the zone of safety (an equivalent level of safety) in 

which Congress envisioned that the FAA must, by exemption, allow commercial operation of 

sUAS to commence immediately. 

IV. PUBLIC INTEREST 

This exemption petition is submitted to fulfill Congress’ goal in passing Section 333: to establish 

requirements for the safe operation of sUAS in the NAS pending completion of the rulemaking 

required by Section 332 of the Reform Act. By granting CB&I’s petition, the FAA will fulfill 

Congress’ intent of allowing sUAS to operate with significant safety precautions in low risk 

environments while the FAA works on completing the rulemaking process required by Section 

332. 

The use of sUAS at construction sites can significantly reduce the risk to workers of falls while 

inspecting, surveying or monitoring site progress. sUAS can inspect, photograph and collect 

data on areas that are difficult to access and would otherwise require worker inspection. Falls 

are a leading source of workplace fatality and injury on construction sites, and the use of sUAS 

can minimize the need to expose individuals to high fall risk activities.4 

Additionally, sUAS can replace the use of helicopters and/or fixed-wing aircraft to conduct aerial 

imagery, inspection, surveying and data collection. Conventional operations using manned 

aircraft involve heavy aircraft that must transit from airports to the operational location, carrying 

significant amounts of combustible fuel, and a multi-person crew. Manned aircraft are at risk of 

fuel spillage and fire in the event of an accident or incident, as well as potential injury to, or loss 

of life of, the pilot and photographer. By contrast, sUA such as those CB&I seeks to operate 

weigh less than 10 pounds, and carry no crew or combustible material on board. Shifting to 

sUAS from manned aircraft clearly presents a marked safety increase for construction 

professionals, their contracting parties and the public at large. 

Finally, sUAS reduce the environmental impact by dramatically decreasing the energy used for 

aerial imagery, inspection, surveying and data collection activities. sUAS such as those CB&I 

seeks to operate use rechargeable lithium ion batteries, as opposed to fossil fuels burned in the 

operation of much heavier helicopters and small aircraft. 

V. EQUIVALENT LEVEL OF SAFETY 

CB&I has tailored its operating procedures to comply with the conditions and limitations 

imposed on similarly situated petitioners seeking to use sUAS for aerial data collection. The 

operational limitations and conditions to which CB&I will adhere, and which will ensure an 

 

4

 “Commonly Used Statistics”, Occupational Safety & Health Administration. Available at 

https://www.osha.gov/oshstats/commonstats.html, last visited March 7, 2016. 
U.S. Department of Transportation 

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March 7, 2016 

Page 5

equivalent or higher level of safety to operations of small aircraft or helicopters for similar 

purposes under the current regulatory guidelines, include the following: 

1. The sUA will weigh less than 10 lbs.

2. Operations will be conducted at CB&I’s project sites, to which third party access 

is controlled. 

3. All flights will be conducted by a PIC who will be assisted by a VO; the PIC and 

VO will be able to communicate verbally at all times during flight. 

4. The PIC will hold a minimum of a valid sport pilot certificate issued by the FAA 

and a valid state issued driver’s license. 

5. The PIC will be trained in flight operations and safety procedures as detailed in 

the CB&I Procedures. 

6. The sUAS will be operated only during daylight hours, under visual 

meteorological conditions, and with visibility of at least 3 statute miles from the 

PIC. 

7. Flights will be operated within visual line of sight of the PIC and VO. 

8. Flights will be conducted at an altitude below 400 feet AGL. 

9. The sUA will operate at least 500 feet below or more than 2,000 feet horizontally 

from any cloud. 

10. Flights will maintain a distance greater than 5 nautical miles from any airport 

reference point as denoted in the current FAA Airport/Facility Directory or for 

airports not denoted with an airport reference point, the center of the airport 

symbol as denoted on the current FAA-published aeronautical chart, unless 

appropriate approval has been obtained. 

11. Flights will maintain a minimum distance of 500 feet from non-participating 

persons unless barriers or structures are present that sufficiently protect 

nonparticipating persons from the sUA and/or debris in the event of an accident. 

Flights will also maintain a minimum distance of 500 feet from vessels, vehicles, 

or structures unless the owner/controller thereof has granted permission for 

operating closer and the PIC has made a safety assessment and determined that 

the risk of operating closer to those objects does not present an undue hazard. 

12. Flights will not begin unless there is enough power to conduct the intended 

operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer, if greater.

13. The sUA will not be operated at airspeeds greater than the maximum operating 

airspeed recommended by the manufacturer.

14. The sUA will remain clear and give way to all manned aviation operations and 

activities.

15. If the sUAS loses communication or loses its GPS signal, the sUA will return to a 

pre-determined location within private or controlled access property. 

16. The PIC will abort the flight in the event of unpredicted obstacles or emergencies.

17. The PIC will not be aboard any moving device or vehicle while operating the 

sUAS.

18. Flights will not be conducted absent the written approval of the property 

owner/controller or the approval of the owner/controller’s authorized agent. 

19. The sUAS will be registered and identified as required by the FAA prior to 

operation.
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20. All maintenance, repair, overhaul, replacement, life limited requirements and 

inspection of the sUAS will be accomplished in accordance with the CB&I 

Procedures and the manufacturer’s requirements, including any manufacturer 

safety bulletins. Any sUAS that has undergone maintenance or alterations that 

affect sUAS operation or flight characteristics will undergo a functional test flight 

prior to conducting further operations of the sUAS.

21. Prior to each flight, a pre-flight inspection of the sUAS will be conducted to 

confirm the sUAS is in a condition for safe operation. 

VI. SPECIFIC REGULATIONS FOR WHICH EXEMPTION IS SOUGHT & THE REASONS 

THEREFORE 

A. 14 CFR 21, Subpart H – Airworthiness Certificates 

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the 

issuance of airworthiness certificates. Small unmanned aircraft systems are not specifically 

addressed in these rules. 

Given the size and limited operating area associated with the sUAS to be utilized by CB&I, CB&I 

respectfully submits that an exemption from Part 21 Subpart H meets the requirements of an 

equivalent level of safety under Part 11 and Section 333 of the Reform Act. As noted above, 

the Act and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the 

requirement of an airworthiness certificate upon consideration of the size, weight, speed, and 

operational capability of the sUAS and proximity to airports and populated areas of the 

proposed operations. 

A review of these factors makes clear that CB&I’s sUAS, operated without an airworthiness 

certificate but in the restricted environment and under the conditions proposed herein, will be at 

least as safe as, if not safer than, a conventional aircraft (fixed-wing or helicopter) operating with

an airworthiness certificate without the restrictions and conditions proposed by CB&I. The sUA 

to be operated hereunder weigh less than 10 lbs fully loaded, carry neither a pilot nor 

passengers, and carry no explosive materials or flammable liquid fuels. As set forth herein and 

in the CB&I Procedures, they will operate at relatively low speeds, in a controlled environment, 

at least five miles from an airport (unless appropriate approvals have been obtained) and within 

the line of sight of the PIC and VO. Thus, if granted, this exemption will only allow for highly 

controlled, closely observed operations in limited and defined areas. 

Further, application of these same criteria demonstrates that there is no credible threat to 

national security posed by the sUA due to their size, speed of operation, location of operation, 

lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external 

load. 

B. 14 CFR 91.7(a) – Civil Aircraft Airworthiness 

14 CFR 91.7(a) provides that “[n]o person may operate a civil aircraft unless it is in an airworthy 

condition.” 
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Currently, the FAA does not have a regulatory standard for determining whether an sUAS is 

airworthy. However, as noted above, the FAA has previously approved the use of the same 

model sUAS that CB&I seeks to operate, the DJI Phantom 3 Professional and the DJI Inspire 1. 

CB&I will achieve an equivalent level of safety with respect to its sUAS by complying with the 

CB&I Procedures and the CB&I sUAS Pre-flight Checklist. Those documents contain 

procedures that allow the PIC to determine whether the sUAS is in a condition safe for flight 

prior to each flight, and an exemption from §91.7(a) is therefore warranted. 

C. 14 CFR 61.101(e)(4)&(5) – Recreational Pilot Privileges & Limitations; 

61.113(a) – Private Pilot Privileges & Limitations: Pilot in Command; 

61.315(a),(c)(1),(2)&(3) – What Are the Privileges and Limits of My Sport 

Pilot Certificate; 14 CFR 61.23(a)&(c) – Medical Certificates: Requirement & 

Duration 

Section 61.113 (a) limits private pilots to non-commercial operations. Sections 

61.101(e)(4)&(5) similarly limit recreational pilots to non-commercial operations while 

61.315(a),(c)(1),(2)&(3) limit sport pilot certificate holders to acting as PIC of light-sport aircraft 

for non-commercial purposes. Section 61.23(a) requires a person exercising the privileges of a 

private pilot certificate or recreational pilot certificate to hold at least a third class medical 

certificate. 61.23(c) requires a person exercising the privileges of a sport pilot certificate in a 

light-sport aircraft other than a glider or balloon to hold either a medical certificate or U.S. 

driver’s license. 

In the grant of Exemption No. 11062 to Astraeus Aerial, the FAA determined that the unique 

characteristics of sUAS operations outside of controlled airspace did not warrant the additional 

cost and restrictions attendant with requiring the PIC to have a commercial pilot certificate and 

second class medical certificate. More recently, the FAA determined in the context of the grant 

of Exemption No. 11213 to Aeryon Labs Inc. that holders of recreational and sport pilot 

certificates would also have adequate aeronautical knowledge to pilot a sUAS. Because these 

individuals would also be subject to security screening by the Department of Homeland 

Security, the FAA determined that holders of recreational and sport pilot certificates would be 

qualified to serve as the PIC for sUAS operations. 

Like those in Exemption Nos. 11062 and 11213, the sUA that CB&I proposes to operate will not 

carry a pilot or passengers, nor any explosive material or flammable liquid, and will weigh less 

than 10 lbs. In addition, all flights will be operated in controlled locations within the visual line of 

sight of the PIC and VO, will be planned and coordinated in advance, and will not take place 

within five miles of an airport (unless appropriate approvals have been obtained). Given the 

foregoing, CB&I submits that its proposed operations will achieve at least the equivalent level of 

safety of a single individual holding a commercial pilot certificate operating a conventional 

aircraft by requiring the PIC to hold a minimum of a valid sport pilot certificate issued by the 

FAA and a valid state issued driver’s license, as well as to have completed the sUAS training 

requirements set forth in the CB&I Procedures. 

Indeed, the risk associated with the operation of CB&I’s sUAS (given their small size, speed, 

operational capabilities and limitations and lack of combustible fuel) are so diminished from the 
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level of risk associated with commercial operations with manned aircraft (and even operations 

permitted with a private pilot certificate) contemplated by Part 61 when drafted, that allowing 

operations of the sUAS as set forth herein will greatly exceed the present level of safety 

provided for under 14 CFR Part 61. 

D. 14 CFR 91.119(c) – Minimum Safe Altitudes: General 

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. 

As set forth in the CB&I Procedures, CB&I will not operate its sUA higher than 400 feet AGL. 

The sUA will, however, be operated to avoid congested or populated areas. Because aerial 

imagery, inspection, surveying and data collection must be conducted at relatively low altitudes 

and at altitudes less than 500 feet AGL, an exemption from Section 91.119(c) is needed. 

The equivalent level of safety will be achieved given the size, weight, speed and material with 

which the sUA are built. Also, all flights will be conducted over private and/or controlled access 

property with the permission of the land owner or those who control the land. Moreover, the 

CB&I Procedures contain provisions to assure that all non-participating persons are either 500 

feet from the sUA or are protected by barriers or other structures.

Compared to operations conducted with aircraft or rotorcraft weighing far more than the sUA and 

carrying flammable fuel, any risk associated with these operations will be significantly less than 

those currently allowed with conventional aircraft operating at or below 500 feet AGL. Indeed, 

the low-altitude operations of the sUA will maintain separation between the sUA and 

conventional aircraft that must comply with Section 91.119. 

E. 14 CFR 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." Because the sUAS CB&I seeks to operate may 

rely on GPS altitude, an exemption is required. 

Prior to each flight, the sUAS CB&I seeks to operate automatically establish an altitude initiation 

point at ground level. Once flight commences, GPS based altitude information will automatically 

be provided to the PIC from the sUA for active monitoring of the flight path and altitude. This 

altitude information, combined with the operation of the sUA below 400 feet AGL and within the 

visual line of sight of the PIC and VO, will ensure an equivalent level of safety. 

F. 14 CFR 91.151 (a)(1) – Fuel Requirements for Flight in VFR Conditions 

Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane under VFR 

conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly 
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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.” 

The DJI Phantom 3 Professional is powered by a removable, rechargeable, lithium-polymer 

battery that provides approximately 23 minutes of powered flight. The Inspire 1 is also powered 

by a removable, rechargeable, lithium-polymer battery that provides approximately 18 minutes 

of powered flight. Without an exemption from 14 CFR 91.151, flights by CB&I would not be 

possible. Given the limitations on the proposed operations and their locations, a less 

burdensome reserve requirement for flight in daylight VFR conditions is reasonable. Moreover, 

both the DJI Phantom 3 Professional and Inspire 1 provide low battery warnings that advise the 

PIC to command the sUA’s return to the launch point or land when low battery capacity voltage 

is reached. A critical low battery warning is also provided. The sUAS will initiate an automatic 

descent and landing at the critical low battery warning. 

Given the foregoing, an exemption from 14 CFR 91.151(a) is safe and is also within the scope 

of prior exemptions for sUAS referenced herein. In line with the previous grants of exemption, 

CB&I requests that the FAA grant relief under the condition that the PIC will not begin a flight 

unless (considering wind and forecast weather conditions) there is enough power to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve power 

recommended by the manufacturer, if greater. 

G. 14 CFR §91.405(a) - Maintenance Required; 91.407(a)(1) – Operation After 

Maintenance, Preventive Maintenance, Rebuilding or Alteration; 

91.409(a)(1)&(2) – Inspections; 91.417(a)&(b) – Maintenance Records 

Section 91.405(a) requires that an aircraft operator or owner “[s]hall have that aircraft inspected 

as prescribed in subpart E of this part and shall between required inspections, except as 

provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of 

this chapter...”. Section 91.407(a)(1) provides that “[n]o person may operate any aircraft that has 

undergone maintenance, preventive maintenance, rebuilding, or alteration unless – (1) It has 

been approved for return to service by a person authorized under §43.7 of this chapter ...”. 

Section 91.409(a)(2) requires an annual inspection for the issuance of an airworthiness 

certificate. Section 91.417(a) requires the owner or operator to keep records showing certain 

maintenance work that has been accomplished and records of approval of the aircraft for return 

to service. 

Given these sections and Part 43 apply only to aircraft with an airworthiness certificate, these 

sections will not apply to CB&I. Maintenance of the sUAS will be accomplished in accord with 

the CB&I Procedures and the manufacturers’ requirements, including any manufacturer safety 

bulletins. Further, CB&I will keep appropriate records of all maintenance performed on its 

sUAS. An equivalent level of safety will be achieved because the sUA CB&I intends to operate 

are limited in size and will operate only in controlled areas for limited periods of time from no 

higher than 400 feet AGL. Given it will not be operating higher than 400 feet AGL, the sUA can 

land immediately if mechanical issues arise. And, as provided in the CB&I Procedures and 
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CB&I sUAS Pre-flight Checklist, the PIC will ensure that the sUAS is in working order prior to 

initiating flight. 

VII. SUMMARY FOR PUBLICATION 

Pursuant to 14 CFR Part 11, the following summary is provided for publication in the Federal 

Register, should it be determined that publication is necessary: 

Petitioner, Chicago Bridge & Iron (“CB&I”), seeks an exemption from the following rules in Title 

14 of the Code of Federal Regulations: 

Part 21, Subpart H; 61.101(e)(4)&(5); 61.113(a); 61.315(a),(c)(1),(2)&(3); 

61.23(a)&(c); 91.7(a); 91.119(c); 91.121; 91.151(a)(1); 91.405(a); 91.407(a)(1); 

91.409(a)(1)&(2); 91.417(a)&(b). 

Approval of these exemptions will permit CB&I to operate commercially small Unmanned 

Aircraft Systems to conduct aerial imagery, inspection, surveying and data collection of 

its projects at various construction sites. The exemption will enhance safety by 

significantly reducing the risk and hazards associated with performing equivalent work 

through individual workers and conventional manned aircraft. The exemption will also 

reduce the environmental impact of such activities by dramatically decreasing the energy 

that would otherwise be used via helicopter or small aircraft. 

VIII. CONCLUSION 

 

CB&I’s petition for exemption satisfies the criteria articulated in Section 333 of the Reform Act, 

including weight, speed, operating capabilities, proximity to airports and populated areas, 

operation within visual line of sight and national security concerns. The proposed operations in 

this petition are similar to those in previously issued grants of exemption, and they would benefit 

the public as a whole by increasing safety while reducing the environmental impact arising from 

the use of manned aircraft. In consideration of the foregoing, this petition provides the FAA with 

all of the necessary justification for issuance of a grant of exemption permitting CB&I to use 

sUAS to conduct aerial imagery, inspection, surveying and data collection. 
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We thank you for your prompt consideration of the requested exemption. Should you have any 

questions, or if you need additional information to support the requested exemption, please do 

not hesitate to contact the undersigned. 

Very truly yours, 

LOCKE LORD LLP 

T. Patrick Byrnes 

TPB:mc 

Encl.