August 17, 2015 

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 - Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation 

Regulations from 14 C.F.R. Part 21; 45.23(b); 61.113(a) & (b); 91.7(a); 91.9(b)(2); 91.103(b); 

91.109; 91.119; 91.121; 91.151(a); 91.203(a) & (b); 91.405(a); 91.407(a)(1); 91.409(a)(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”) and 14 

C.F.R. Part 11, Barnhill Contracting Company (“Barnhill”) hereby applies for an exemption from the 

Federal Aviation Regulations (“FARs”) listed herein to allow for commercial operation of its Small 

Unmanned Aircraft Systems (“sUAS”) for aerial imaging for safety and monitoring of secured and 

controlled environment 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 document and the attached Operators Manual, 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 already best practices safety 

protocols followed by Barnhill Contracting Company at each one of its construction 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.” Section 333(c) of the Reform Act. 

The name and address of the applicant is: 

Barnhill Contracting Company 

800 Tiffany Blvd., Suite 200, Rocky Mount, NC 27804

Jason Deans, Virtual Construction Manager 

PH: (252) 885-0007 

Email: jdeans@barnhillcontracting.com
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Regulations from which the exemption is requested: 

14 C.F.R. Part 21 

14 C.F.R. 45.23(b) 

14 C.F.R. 61.113(a) & (b) 

14 C.F.R. 91.7(a) 

14 C.F.R. 91.9(b) (2) 

14 C.F.R. 91.103(b) 

14 C.F.R. 91.109 

14 C.F.R. 91.119 

14 C.F.R. 91.121 

14 C.F.R. 91.203(a) & (b) 

14 C.F.R. 91.405(a) 

14 C.F.R. 407(a)(1) 

14 C.F.R. 409(a)(2) 

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 sUAS, 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(f) 

See also 49 U.S.C. §44711(a); 49 U.S.C. §44704; 14 CFR §91.203(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 hazard to the user, the public, or a threat to national 

security. In making this determination, the Secretary must consider: 

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

• Whether the sUAS operates within the visual line of sight of the operator 

• Whether the sUAS operates outside of highly populated areas and away from close proximity to 

airports 

Reform Act §333(a); 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). 
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Barnhill Contracting Company’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 mph 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 site at all times and will operate only within the sterile area of Barnhill 

Contracting Company’s project jobsites. Such operations will ensure that the sUAS will “not create a 

hazard to users of the national airspace system or the public”. 

Given the small size of the sUAS involved and the area within which they will operate, Barnhill’s 

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 limited 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, Barnhill Contracting Company 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’

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, in addition to providing facility

security and emergency response reconnaissance. Falls are a leading source of workplace fatality and 

injury on construction sites1

, and reducing falls through sUAS use for site imaging could save workers 

 

1

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

https://www.osha.gov/oshstats/commonstats.html 
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lives. Reducing manned flight and human inspection of such sites through sUAS use for site imaging will 

reduce risk to workers and ground personnel and create an improved safety operating environment. 

Additionally, sUAS could replace the use of helicopters and fixed-wing aircraft to monitor sites. The sUAS 

we propose to fly in this application are under seven pounds and carry no combustible material on board, 

as opposed to the much larger conventionally powered small aircraft. Shifting to sUAS from this type of 

aircraft presents a marked safety increase for our workers and the public. 

Lastly, sUAS reduce 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.

III. EQUIVALENT LEVEL OF SAFETY

Barnhill Contracting Company proposes that the exemption requested herein apply to the 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 our 

construction jobsites as well as imaging and surveying operations conducted with helicopters and other

conventional aircraft. 

Barnhill Contracting Company will be bound by the following limitations when conducting its sUAS 

operations under FAA-issued exemption: 

1. The sUAS will weigh less than 10 pounds. 

2. Flights will be operated within the visual line of sight of the pilot and/or observer. 

3. The sUAS will operate during daylight-only times (official sunrise to official sunset, local time).

4. The sUAS will yield right-of-way to other aircraft at all times. 

5. The sUAS will be registered with the FAA and will include appropriate markings and labels on the 

body of the sUAS. 

6. The maximum total flight time for each operational flight will be 20 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 20 minute limit. 

7. Flights will be operated at an altitude of no more than 400 feet AGL. 

8. Minimum crew for each operation will consist of the trained sUAS Pilot who will keep the sUAS 

within his visual line of sight (VLOS) at all times and one visual observer (VO). The VO and PIC 

will be able to communicate verbally at all times. 

9. The sUAS Pilot will be trained in flight, operations, and safety procedures as detailed in the 

Operator’s Manual. 
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10. sUAS Pilot will be Pilot in Command (PIC) 

11. The sUAS will only operate within a confined “Sterile Area” to limit the ability of the sUAS to leave 

the construction jobsite. 

12. Notification of flight operations to personnel at the facility will be made through posted signs and 

onsite Job Safety meetings. 

13. Operations will be limited to Barnhill Jobsites (including Joint Venture Projects) at which full 

Owner approval and authorization to leverage the sUAS has been granted. 

14. Pilot will have been trained in operation of the sUAS and receive up-to-date information on the 

particular UAS to be operated should updates become available. 

15. Written and/or oral permission from the relevant property holders will be obtained. 

16. The radio frequency spectrum used for operation and control of the UAS will comply with the 

rules and regulations of the Federal Communications Commission (FCC). 

17. 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 predetermined location within 

the Security Perimeter and land. 

IV. DESCRIPTION OF SPECIFIC REGULATIONS 

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 to be properly trained and have at least 25 hours of 

flight time in controlled conditions before operating on a construction site. The airmanship skills 

necessary to operate the sUAS do not correlate significantly to the airmanship skills necessary for piloting 

manned aircraft and, thus, exemption from the need for the PIC to hold a commercial pilot certificate is 

also requested. Unlike a conventional aircraft that carries the pilot and passengers, the sUAS is remotely 

controlled with no living thing or cargo on board. The areas of operation will be restricted to Barnhill 

Contracting Company construction jobsites (including Joint Venture Projects) at which third party access 

is controlled, and all flights are planned and coordinated in advance. 

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 Manual. Like other civil aircraft, operations under this exemption will be tightly controlled 

and monitored by the operator, pursuant to the Manual’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 FAA will have advance notice of all operations. 
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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 herein achieves the level of 

safety contemplated by 14 C.F.R. §61.113 (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 

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, and all other actions in the Preflight Checklist and the Operator’s 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 

operate at altitudes up to 400’ 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 notification as described 

herein. 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 herein, 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 Operator’s Manual and Safety Check list, confirming the altitude of the launch site shown on the GPS 

altitude indicator before flight. 
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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. Barnhill’s sUAS is 

limited to operations in sterile and controlled environments, 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 25 minutes of powered flight. To meet the 30 

minute reserve requirement in 14 CFR §91.151, sUAS flights would not be possible. 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. 

Barnhill Contracting Company believes that an exemption from 14 CFR §91.151(a) falls within the scope 

of prior exemptions. Operating the 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. 

An equivalent level of safety can be achieved by limiting flights to 20 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 (c) 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 Barnhill Contracting Company. Maintenance will be accomplished by the 

operator pursuant to the Operator’s 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 

from no higher than 400 feet AGL. As provided in the Operators Manual and Preflight Checklist, the Pilot 

will ensure that the sUAS is in working order prior to initiating flight, perform required maintenance, and 
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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); 14 C.F.R 91.7(a); 14 C.F.R 91.9(b)(2); 14 C.F.R 91.103(b); 14 C.F.R 91.109; 

14 C.F.R 91.119; 14 C.F.R 91.121; 14 C.F.R 91.151(a); 14 C.F.R 91.203(a) & (b); 14 C.F.R 91.405(a); 

14 C.F.R 91.407(a)(1); 14 C.F.R 91.409(a)(2); 14 C.F.R 91.417(a) & (b) to operate commercially a small

unmanned vehicle (55lbs or less) for aerial imaging and monitoring of construction jobsites 

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 fixed-wing aircraft operating in 

close proximity to the ground and people. 

Privacy 

All flights will occur over Barnhill Contracting Company Jobsites (Including Joint Venture Projects) at 

which third party access is controlled, Owner notification and approval is granted, and signs will be posted 

notifying onsite personnel of the sUAS flyover. 
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Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 -- size, weight, speed,

operating capabilities, proximity to airports and populated areas 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 Addendum 

appended hereto. 

Sincerely, 

Jason Deans, LEED AP 

Barnhill Contracting Company 

Virtual Construction Manager