August 17, 2015

U.S. Department of Transportation, Docket Operation s West Building Ground Floor, Room W12-140 1200 New Jersey Ave., SE Washington, DC 20590

Re: Exemption Request - Section 333 of the FAA Re form Act and Part 11 of the Federal Aviation Regulations from 14 C.F.R. Part 21; 45.23(b); 61.11 3(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 an d Reform Act of 2012 (the “Reform Act”) and 14 C.F.R. Part 11, Barnhill Contracting Company (“Barn hill”) 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 imagi ng for safety and monitoring of secured and controlled environment construction sites, so long as such operations are conducted within and under t he conditions outlined herein or as may be established by the FAA as required by Section 333.

As detailed in this document and the attached Opera tors Manual, the requested exemption would permit the operation of sUAS under controlled conditions i n 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 re quirements for the safe operation of such aircraft systems in the national airspace.” Section 333(c) o f 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.comPage | 2

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 a uthority to issue exemptions. This statutory autho rity includes exempting civil aircraft, as the term is d efined under §40101 of the Act, including sUAS, fro m the requirement that all civil aircraft must have a cur rent 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 sectio ns 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 Secret ary in determining whether sUAS may operate in the National Airspace System (NAS) without creating haz ard to the user, the public, or a threat to nationa l security. In making this determination, the Secret ary must consider:

• The sUAS size, weight, speed, and operational capa bility;

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

• Whether the sUAS operates outside of highly popula ted areas and away from close proximity to airports Reform Act §333(a); If the Secretary determines tha t a sUAS “may operate safely in the national airspa ce system, the Secretary shall establish requirements for the safe operation of such aircraft in the nati onal airspace system.” Id. §333(c).Page | 3

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 h orizontal plane simultaneously. The sUAS will oper ate only in the Pilot’s visual line of site at all time s and will operate only within the sterile area of Barnhill Contracting Company’s project jobsites. Such opera tions 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 a rea within which they will operate, Barnhill’s application falls squarely within the zone of safet y (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow c ommercial operations of sUAS to commence immediately. Also due to the small size of the sUA S and the low altitudes and limited areas in which the sUAS will operate, approval of the application pres ents no national security issue.

Given the clear direction in Section 333 of the Ref orm Act, the authority contained in the Federal Avi ation Act, as amended; the strong equivalent level of saf ety surrounding the proposed operations, and the significant public benefit, including enhanced safe ty, the grant of the requested exemptions is in the public interest. Accordingly, Barnhill Contracting Compan y respectfully requests that the 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 th e Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safel y in the NAS before completion of the rulemaking required under Section 332 of the Reform Act. By g ranting 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 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 get to areas that otherwise would require w orker inspection, in addition to providing facility security and emergency response reconnaissance. Fa lls are a leading source of workplace fatality and injury on construction sites 1 , and reducing falls through sUAS use for site imag ing could save workers

1 “Commonly Used Statistics”, Occupational Safety & Health Administration. Available at: https://www.osha.gov/oshstats/commonstats.htmlPage | 4

lives. Reducing manned flight and human inspection of such sites through sUAS use for site imaging wi ll reduce risk to workers and ground personnel and cre ate an improved safety operating environment.

Additionally, sUAS could replace the use of helicop ters and fixed-wing aircraft to monitor sites. The sUAS we propose to fly in this application are under sev en pounds and carry no combustible material on boar d, as opposed to the much larger conventionally powere d 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 dramati cally 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 smal l aircraft that are many hundreds of times heavier.

III. EQUIVALENT LEVEL OF SAFETY

Barnhill Contracting Company proposes that the exem ption requested herein apply to the sUAS that have the characteristics and that operate with the limit ations listed herein. These limitations provide fo r at least an equivalent or even higher level of safety to ope rations under the current regulatory structure beca use the proposed operations represent a safety enhancem ent to the already safe protocols followed on our construction jobsites as well as imaging and survey ing operations conducted with helicopters and other

conventional aircraft.

Barnhill Contracting Company will be bound by the f ollowing 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 aircra ft at all times. 5. The sUAS will be registered with the FAA and wil l include appropriate markings and labels on the body of the sUAS. 6. The maximum total flight time for each operation al flight will be 20 minutes. The UAS calculates battery reserve in real time, and will return to it s ground station with at least 20% battery power reserve should that occur prior to the 20 minute li mit. 7. Flights will be operated at an altitude of no mo re 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, operat ions, and safety procedures as detailed in the Operator’s Manual.Page | 5

10. sUAS Pilot will be Pilot in Command (PIC) 11. The sUAS will only operate within a confined “S terile Area” to limit the ability of the sUAS to le ave the construction jobsite. 12. Notification of flight operations to personnel at the facility will be made through posted signs a nd 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 sU AS has been granted. 14. Pilot will have been trained in operation of th e 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 relevan t 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 G PS 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 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 operation s can achieve the equivalent level of safety of cur rent operations by requiring the Pilot operating the air craft to be properly trained and have at least 25 h ours of flight time in controlled conditions before operati ng on a construction site. The airmanship skills necessary to operate the sUAS do not correlate sign ificantly to the airmanship skills necessary for pi loting manned aircraft and, thus, exemption from the need for the PIC to hold a commercial pilot certificate is also requested. Unlike a conventional aircraft tha t carries the pilot and passengers, the sUAS is rem otely controlled with no living thing or cargo on board. The areas of operation will be restricted to Barnh ill Contracting Company construction jobsites (includin g Joint Venture Projects) at which third party acce ss is controlled, and all flights are planned and coor dinated in advance.

The sUAS to be operated hereunder is less than 10 l bs. fully loaded, carries neither a pilot nor passe nger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured ar ea as set out in the Manual. Like other civil aircraft , operations under this exemption will be tightly c ontrolled and monitored by the operator, pursuant to the Manu al’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 FA A will have advance notice of all operations.Page | 6

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 requiremen t 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 Pre flight 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 opera tion of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimum s prescribed, provided the person operating the helicopter complies with any route or altitudes pre scribed for helicopters by the FAA. This exemption is for a multirotor craft that flies similarly to a helico pter, with vertical takeoff and vertical landing, w hich will operate at altitudes up to 400’ AGL, so an exemptio n 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 peri meter, where buildings and people will not be exposed to o perations without their notification as described herein. The equivalent level of safety will be ach ieved given the size, weight, speed of the sUAS as well as the location where it is operated. No flight wi ll be taken without the permission of the property owner or local officials. Because of the advance notice t o the property owner and any onsite personnel as outlined herein, all affected individuals will be a ware of the planned flight operations. Unlike fligh t operations with aircraft or rotorcraft weighing far more than the maximum 10 lbs. proposed herein, our sUAS will not carry flammable fuel. In addition, t he low-altitude operations of the sUAS will ensure separation between sUAS operations and the operatio ns 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 a ircraft to maintain cruising altitude by reference to an

altimeter that is set “...to the elevation of the d eparture airport or an appropriate altimeter settin g available before departure.” As the sUAS may not have a barom etric altimeter, but instead a GPS altitude read ou t, an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant t o the Operator’s Manual and Safety Check list, confir ming the altitude of the launch site shown on the G PS altitude indicator before flight.Page | 7

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. Barnhill’s sU AS is limited to operations in sterile and controlled env ironments, 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 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 limitation s 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 exemp tion from 14 CFR §91.151(a) falls within the scope of prior exemptions. Operating the sUAS, in a tight ly 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 t hat Section 91.151(a) was intended to alleviate giv en the size and speed of the small UAS.

An equivalent level of safety can be achieved by li miting flights to 20 minutes, or enough battery res erve 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), which ever happens first. This restriction would be more than adequate to return the sUAS to its planned lan ding zone from anywhere in its limited operating ar ea.

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 and shall betw een required inspections, except as provided in paragraph (c) of this section, have discrepancies r epaired as prescribed in part 43 of this chapter... ,” and others shall inspect or maintain the aircraft in co mpliance 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 Com pany. Maintenance will be accomplished by the operator pursuant to the Operator’s Manual. An equi valent level of safety will be achieved because the se small sUAS are very limited in size and will carry a small payload and operate only in restricted area s for limited periods of time. If mechanical issues arise the sUAS can land immediately and will be operatin g from no higher than 400 feet AGL. As provided in th e Operators Manual and Preflight Checklist, the Pil ot will ensure that the sUAS is in working order prior to initiating flight, perform required maintenance , andPage | 8

keep a log of any maintenance performed. Moreover, the Pilot is the person most familiar with the airc raft

and best suited to maintain the aircraft in an airw orthy 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 Regist er, 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); 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 operatio ns of sUAS in the construction industry enhances safety while reducing risk. Manned aircraft monitor ing and surveying creates a greater risk because th e craft are much larger, have combustible fuel, and c arry an onboard human pilot. In contrast, a sUAS weighing fewer than 10 lbs. and powered by batterie s eliminates virtually all of that risk given the r educed

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 associ ated 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 s upporting the grant of the exemptions requested her ein, including exempting the applicant from the requirem ents of Part 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a sterile environment a nd, as a result, are far safer than conventional operat ions conducted with fixed-wing aircraft operating i n close proximity to the ground and people.

Privacy All flights will occur over Barnhill Contracting Co mpany Jobsites (Including Joint Venture Projects) a t which third party access is controlled, Owner notif ication and approval is granted, and signs will be posted notifying onsite personnel of the sUAS flyover.Page | 9

Satisfaction of the criteria provided in Section 33 3 of the Reform Act of 2012 -- size, weight, speed, operating capabilities, proximity to airports and p opulated areas and operation within visual line of sight and national security – provide more than adequate justification for the grant of the requested exempt ions allowing commercial operation of applicant’s sUAS i n construction industry pursuant to the Addendum appended hereto.

Sincerely,

Jason Deans, LEED AP Barnhill Contracting Company Virtual Construction Manager