SNC•LAVALIN 

Thermal Power 

July 7, 2015 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Avenue, SE 

Washington DC 20590 

SNC-LAVALIN CONSTRUCTORS INC. 

19015 North Creek Parkway, Suite 300 

Bothell, WA 98011-8029 

USA 

Mailing Address: 

P.O. Box 3037 

Bothell, WA 98041-3037 

USA 

Telephone: (425) 420-7839 

Facsimile: (425) 489-8040 

Reference: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 

of the Federal Aviation Regulations from: 14 CFR 61.113(a) and (b); 14 CFR 

91.103; 14 CFR 91.119; 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.405 (a); 

14 CFR 91.407 (a) (1) 14 CFR 91.409 (a)(2); 14 CFR 91.417(a) and (b) 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the "Reform Act") 

and 14 CFR Part 11, SNC-Lavalin Constructors Inc. ("SLCI"), operator of an Unmanned Aircraft 

System (UAS}, hereby applies for an exemption from the listed Federal Aviation Regulations 

("FAR") listed in Section I below to allow commercial operation of its Small Unmanned Aircraft 

Systems ("SUAS") for aerial imaging and safety and monitoring of Construction Jobsites 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 of the Reform Act. As detailed in this 

document, 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 enhance quality, reduce environmental impacts, and provide safety enhancements to the 

already best practices safety protocols followed by SLCI at each of its Construction Jobsites. 

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: 

SNC-Lavalin Constructors Inc. 

Attention: Shawn Smith 

Phone: (425) 420-7839 

Email: Shawn.Smith@snclavalin.com 

Address: 19015 North Creek Parkway, Suite 300, Bothell, WA 98011 

Subsidiary of The SNC•J,AVALIN .Corporation 
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I. REGULATIONS FROM WHICH THE EXEMPTION IS REQUESTED 

• 14 C.F.R. 61.113 (a) & (b) 

• 14 C.F.R. 91.103 

• 14 C.F.R. 91.119 

• 14 C.F.R. 91.121 

• 14 C.F.R. 91.151 (a) 

• 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) 

II. STATUATORY 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 §401 01 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. Section 333(b) of the Reform 

Act assists the Secretary in determining whether SUASs may operate in the National 

Airspace System ("NAS") without creating a hazard to the user, the public, or a threat to 

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

• The SUAS's 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 

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. 

SLCI's proposed SUASs are multi-rotor vehicles, weighing 55 or fewer pounds, including 

payload. 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 operate only in line of sight and will operate only within the 

sterile area as described below. Such operations will ensure that the SUASs will "not 

create a hazard to users of the national airspace system or the public. 

Given the small size of the SUASs involved and the area within which they will operate, 

SLCI's 
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application falls squarely within the zone of safety (an equivalent level of safety) in which 

Congress envisioned that the FAA must, by exemption, allows commercial operations of 

SUASs to commence. Also due to the small size of the SUASs and the low altitudes and 

limited areas in which SLCI's SUASs 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 and 

reduced environment impacts, the grant of the requested exemptions is in the public 

interest. Accordingly, SLCI respectfully requests that the FAA grant the requested 

exemption without delay so an SUAS can be leveraged on several projects that are 

already in construction. 

Ill. 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 

SUASs to operate with significant safety precautions in low risk environments. 

The use of SUASs can significantly promote safe and effective Construction Jobsite 

inspection and tracking. For example, the use of SUASs can reduce the risk to workers 

while inspecting, surveying, or monitoring installation of work that requires ladders, 

scaffolds or other potentially hazardous means of elevated access. SUASs can inspect, 

photograph, video and collect data on inaccessible areas that otherwise would require 

worker inspection, in addition to providing facility security and emergency response 

reconnaissance. SUASs can also provide high resolution aerial imagery, elevation 

measurement, and mapping data. 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. Manned aircraft are at 

risk of fuel spillage and fire in the event of an incident or accident. The SUAS SLCI will 

be using carries no fuel, and therefore the risk of fire following an incident or accident 

due to fuel spillage is eliminated. 

Additionally, SUASs could reduce the use of fixed-wing aircraft to monitor sites. The 

SUASs SLCI proposes to fly in this application weigh less than ten pounds, and carry no 

combustible material on board, as opposed to much larger conventionally powered 

aircraft that SLCI currently uses to monitor its facilities. The limited weight significantly 

reduces the potential for harm to participating and nonparticipating individuals or 

property in the event of an incident or accident. The risk to an onboard pilot and crew 

during an incident or accident is eliminated with the use of a SUAS on Construction 

Jobsites. Reducing the use of manned aircraft, or supplementing such flights through 

SUAS operations, presents the potential for a safety increase for SLCI's workers and the 

public. Lastly, SUASs reduce the environmental impact by dramatically decreasing the 

energy used for aerial imaging and data collection over a Construction Jobsite. 

Operation of lightweight SUASs powered by rechargeable lithium ion batteries offers 

improved efficiencies as compared to the operation of other aircraft and vehicles that 
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consume gasoline and present a significantly louder noise signature. The reduction of 

fixed-wing aircraft to monitor Construction Jobsites also reduces the risk associated with 

human involvement and potential injury in aerial flyovers. 

IV. EQUIVALENT LEVEL OF SAFETY 

SLCI proposes that the exemption requested herein apply to civil aircraft 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 at our Construction Jobsites and 

imaging and surveying operations conducted with other conventional aircraft SLCI will 

be bound by the following limitations when conducting its SUAS operations under this 

FAA issued exemption: 

1. The SUAS will weigh less than 55 pounds. 

2. The SUAS operations will be limited to conducting operations for the purpose of 

aerial video and photography. 

3. The SUAS will not be flown at an airspeed exceeding 87 knots (1 00 miles per hour) 

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

5. Flights will be operated within visual line of sight of a pilot and/or observer. 

6. 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. 

7. SLCI will follow the manufacturer's UAS aircraft/component, maintenance, 

overhaul, replacement, inspection, and life limit requirements. 

8. The SUAS will operate during daylight-only times (official sunrise to official sunset, 

local time. 

9. The SUAS will yield right-of-way to other aircraft at all times. 

10. 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 

11. The SUAS Pilot will be trained in flight, operations, and safety procedures. 

12. SUAS Pilot will be Pilot in Command (PIC). 

13. The SUAS will only operate within the confined area of the Construction Jobsite. 

14. Notification of flight operations to personnel at the facility will be made through 

posted signs and onsite Job Safety meetings. 

15. The SUAS will not be operated at a distance from clouds less than 500 feet below 

or 2000 feet horizontal, or when visibility is less than three (3) statute miles. 

16. Pilot will have been trained in operation of the SUAS and receive up-to-date 

information on the particular SUAS to be operated should updates become 

available. 
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17. Operations will be limited to SLCI Construction Jobsites (Including Joint Venture 

Projects) at which third party access is controlled. 

18. If the SUAS loses communications or loses its GPS signal, it will have the 

capability to automatically and safely return to a pre-coordinated, pre-determined 

location within the Security Perimeter and land with a predictable, automated flight 

maneuver. 

19. The SUAS will have the capability to abort a flight in case of unpredicted obstacles 

or emergencies. 

20. 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). 

V. DESCRIPTION OF SPECIFIC REGULATIONS 

A. 14 C.F.R. §61.113 (a) & (b): Private pilot privileges and limitations: Pilot in 

command 

Pursuant to 14 CFR 61.113 (a) & (b), no person who holds a private pilot certificate may 

act as a pilot in command of an aircraft that is carrying passengers or property for 

compensation or hire. SLCI may achieve an equivalent level of safety as achieved by 

current Regulations because the applicant's SUAS does not carry any pilots or 

passengers nor property. The risks attendant to the operation of UAS is far less than the 

risk levels inherent in the commercial activities outlined in 14 CFR 61. 

B. 14 C.F.R. §91.103: Preflight action 

This regulation requires each pilot in command take certain actions before flight to insure 

the safety of flight. An exemption is needed from this requirement as the PIC will take 

separate preflight actions, including checking for weather conditions, checking flight 

battery requirements, checking takeoff and landing distances, etc. These actions will 

provide an equivalent level of safety. 

C. 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 multi-rotor craft that flies similarly to a 

helicopter, with vertical take-off 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 limited to the area with the 

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. 

Flights will be over SLCI construction sites at which third party access is controlled and 

Owner authorization is approved. Compared to flight operations with aircraft or rotorcraft 

weighing far more than the maximum 55 lbs. proposed herein and flammable fuel, any 

risk associated with SLCI's operations is far less than those presently presented with 

conventional aircraft. In addition, the low-altitude operations of the SUAS will ensure 

separation between these SUAS operations and the operations of conventional aircraft 

that must comply with Section 91.119. 
D. 14 C.F.R. §91.121: Altimeter settings 

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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, confirming the altitude of 

the launch site shown on the GPS altitude indicator before flight. 

E. 14 C.F.R. §91.151 (a): Fuel requirements for flight in VFR conditions 

Section 91.151 (a) outlines fuel requirements for beginning a flight in VFR conditions. 

SLCI's SUAS is limited to operations within the SLCI construction sites, and has a limited 

range and flight time which require an exemption from 14 C.F.R. 91.151(a). The battery 

powering the SUAS provides approximately 20 minutes of powered flight. To meet the 

30 minute reserve requirement in 14 C.F.R. §91.151 is not possible. Given the 

limitations on the SUAS's proposed flight area and the location of its proposed 

operations within a predetermined area, SLCI believes that an exemption from 14 C.F.R. 

§91.151 (a) falls within the scope of prior exemptions. Operating the SUAS, in a 

controlled area 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 

SUAS. An equivalent level of safety can be achieved by limiting flights to 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 PIC), whichever happens 

first. Because of the limited operating area under which SUAS flights will be conducted, 

this restriction will be more than adequate to ensure return of the SUAS to its planned 

landing zone. 

F. 14 C.F.R. §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 section and Part 43 apply only to aircraft with an Airworthiness 

Certificate, these sections will not apply to SLCI. Maintenance will be accomplished by 

the operator pursuant to the flight manual and operating handbook. An equivalent level 

of safety will be achieved because these SUASs are very limited in size and will carry a 

small payload and operate only in authorized 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. The operator 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 operator 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. §§ 61.113( a) & 

(b); 91.103(b); 91.119; 91.121; 91.151(a); 91.405 (a); 91.407 (a) (1); 91.409 (a) 
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(2); 91.409 ; (a) (2) and 91.417 (a) & (b) to operate commercially a small 

unmanned vehicle (15 lbs. or less) for aerial imaging and monitoring of 

Construction Jobsites. 

Approval of exemptions allowing commercial operations of SUASs to monitor, 

inspect and improve quality on Construction Jobsites will enhance safety by 

reducing risk. Conventional aerial monitoring by aircraft impacts the environment. 

In contrast, a SUAS weighing fewer than 55 pounds. and powered by batteries 

eliminates virtually all of that risk and environmental impact 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. Although SLCI does not foresee completely 

replacing its manned flight operations with SUASs at this time, SLCI hopes, that 

overtime, SUASs may reduce or supplement such manned programs. 

The operation of SUASs, weighing less than 55 pounds, 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 safer than conventional operations conducted 

with fixed-wing aircraft operating in close proximity to the ground and people. 

Privacy 

All flights will occur over SLCI Construction 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 SUASs on 

Construction Jobsites. 

Sincerely, 

~~ 

Shawn Smith 

Resident Engineer 

cc: 

ss 

07.07.2015 Letter to US DOT RE SLCI-FAA-333.docx