SNC•LAVALIN 

### ThermalPower

July 7, 2015

U.S. Department ofTransportation Docket Management System 1200 NewJerseyAvenue, SE Washington DC 20590 SNC-LAVALIN CONSTRUCTORS INC. 19015 North Creek Parkway, Suite 300 Bothell, WA 98011-8029 USA MailingAddress: P.O. Box 3037 Bothell, WA98041-3037 USA Telephone: (425) 420-7839 Facsimile: (425) 489-8040



### Reference: Exemption Request Pursuantto Section 333 ofthe FAA Reform Act and Part 11 ofthe 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 ofthe FAA Modernization and Reform Act of2012 (the "Reform Act") and 14 CFR Part 11, SNC-Lavalin Constructors Inc. ("SLCI"), operator ofan Unmanned Aircraft System (UAS}, hereby applies for an exemption from the listed Federal Aviation Regulations ("FAR") listed in Section I belowto allow commercial operation ofits Small Unmanned Aircraft Systems ("SUAS") for aerial imaging and safety and monitoring ofConstruction Jobsites so long as such operations are conducted within and underthe conditions outlined herein or as may be established by the FAA as required by Section 333 ofthe Reform Act. As detailed in this document, the requested exemption would permitthe 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 ofthis exemption would thereby enhance safety and fulfill the Secretary of Transportation's (the FAA Administrator's) responsibilities to "

...establish requirements forthe safe operation ofsuch aircraft systems in the national airspace system." Section 333(c) ofthe Reform Act. The Name and address ofthe 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, WA98011

SubsidiaryofThe SNC•J,AVALIN.CorporationUS Department ofTransportation Docket Management System July 7, 2015 Page 2



### 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 Actexpressly grants the FAA authority to issue exemptions. This statutory authority includes exempting civil aircraft, as theterm is defined under§40101 ofthe Act, including SUASs, from the requirementthat all civil aircraft must have a current airworthiness certificate. TheAdministrator may grant an exemption from a requirement ofa regulation prescribed under subsection (a) or (b) ofthis section or any sections 44702-44716 ofthis Title ifthe Administratorfinds the exemption in the public interest. Section 333(b) ofthe 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, ora threat to national security. In making this determination, the Secretary must consider:

• The SUAS's size, weight, speed, and operational capability

• Whetherthe SUAS operates within the visual line ofsight ofthe operator

• Whetherthe SUAS operates outside of highly populated areas and away from close proximityto airports Ifthe Secretary determinesthat a SUAS "may operatesafely in the national airspace system", the Secretary shall establish requirements forthe safe operation of such aircraft in the national airspace system. SLCI's proposed SUASs are multi-rotorvehicles, weighing 55 orfewer pounds, including payload. They will operate under normal conditions at a speed of no more than 50 mph and havethe capability to hover, and move in the vertical and horizontal plane simultaneously. They will operate only in line ofsight and will operate onlywithin the sterile area as described below. Such operationswill ensure that the SUASswill "not create a hazard to users ofthe national airspacesystem orthe public. Giventhe small size ofthe SUASs involved and the area within which they will operate, SLCI's

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application falls squarelywithin the zone ofsafety (an equivalent level ofsafety) in which Congress envisioned thatthe FAA must, by exemption, allows commercial operations of SUASs to commence. Also due to the small size ofthe SUASs and the low altitudes and limited areas in which SLCI's SUASs will operate, approval ofthe application presents no national security issue. Given the cleardirection in Section 333 ofthe 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 enhancedsafety and reduced environment impacts, the grant ofthe requested exemptions is in the public interest. Accordingly, SLCI respectfully requests that the FAAgrantthe 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) ofthe Reform Act. This law directs the Secretary of Transportation to considerwhether certain unmanned aircraft systems may operate safely in the NAS before completion ofthe rulemaking required under Section 332 ofthe Reform Act. By granting an exemption the FAAwill fulfill Congress's intent of allowing SUASs to operate with significant safety precautions in low risk environments. The use ofSUASs can significantly promote safe and effective Construction Jobsite inspection and tracking. For example, the use ofSUASs can reduce the riskto workers while inspecting, surveying, or monitoring installation ofworkthat requires ladders, scaffolds or other potentially hazardous means ofelevated access. SUASscan 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 offuel spillage and fire in the event ofan incident or accident. The SUAS SLCI will be using carries no fuel, and therefore the risk offire following an incident or accident duetofuel spillage is eliminated. Additionally, SUASs could reduce the use offixed-wing aircraftto 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 largerconventionally powered aircraftthat 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 ofan incident or accident. The risk to an onboard pilot and crew during an incident oraccident is eliminated with the use of a SUAS on Construction Jobsites. Reducing the use of manned aircraft, orsupplementing such flights through SUAS operations, presents the potential for a safety increase for SLCI's workers andthe public. Lastly, SUASs reduce the environmental impact by dramatically decreasing the energy used foraerial imaging and data collection over a Construction Jobsite. Operation oflightweight SUASs powered by rechargeable lithium ion batteries offers improved efficiencies as compared to the operation ofotheraircraft and vehicles that

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consume gasoline and present a significantly louder noise signature. The reduction of fixed-wing aircraftto monitor Construction Jobsites also reduces the risk associated with human involvement and potential injury in aerial flyovers.


### IV. EQUIVALENT LEVEL OF SAFETY SLCI proposes thatthe exemption requested herein applyto civil aircraftthat have the characteristics and that operatewith the limitations listed herein. These limitations provide for at least an equivalent or even higher level ofsafety to operations underthe current regulatory structure because the proposed operations represent a safety enhancementtothe already safe protocols followed at our Construction Jobsites and imaging and surveying operations conducted with otherconventional aircraft SLCI will be bound by the following limitations when conducting its SUAS operations underthis FAA issued exemption: 1. The SUAS will weigh less than 55 pounds. 2. The SUAS operations will be limited to conducting operations forthe purpose of aerial video and photography. 3. The SUAS will not beflown at an airspeed exceeding 87 knots (100 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 ofsight ofa pilot and/or observer. 6. Minimum crewfor each operation will consist ofthe trained SUAS Pilotwho will keep the SUAS within his visual line ofsight (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 timefor 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 priorto the 30 minute limit 11. The SUAS Pilotwill be trained in flight, operations, and safety procedures. 12. SUAS Pilotwill be Pilot in Command (PIC). 13. The SUAS will only operate within the confined area ofthe Construction Jobsite. 14. Notification offlight operations to personnel atthe 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 or2000 feet horizontal, orwhen visibility is less than three (3) statute miles. 16. Pilotwill have been trained in operation ofthe 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 JointVenture Projects) atwhich third party access is controlled. 18. Ifthe SUAS loses communications or loses its GPS signal, it will havethe capability to automatically and safely return to a pre-coordinated, pre-determined location within the Security Perimeterand land with a predictable, automated flight maneuver. 19. The SUAS will have the capability to abort aflight in case of unpredicted obstacles oremergencies. 20. The radio frequency spectrum used foroperation and control ofthe UAS will complywith the rules and regulations ofthe 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 ofan aircraft that is carrying passengers or propertyfor compensation or hire. SLCI mayachieve an equivalent level ofsafety as achieved by current Regulations because the applicant's SUAS does not carry any pilots or passengers nor property. The risks attendantto the operation of UAS is far less than the risk levels inherent in the commercial activities outlined in 14 CFR 61. 

### B. 14C.F.R. §91.103: Preflightaction This regulation requires each pilot in command takecertain actions beforeflightto insure the safety offlight. An exemption is needed from this requirement as the PIC will take separate preflight actions, including checking forweatherconditions, checking flight battery requirements, checking takeoffand landing distances, etc. These actions will provide an equivalent level ofsafety. 

### C. 14 C.F.R. §91.119: Minimum safe altitudes Section 91.119establishes safe altitudes foroperation ofcivil aircraft. Section 91.119 (d) allows helicoptersto 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 fora multi-rotorcraftthatflies 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 SUASwill neveroperate at altitude higherthan 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 ofsafetywill be achieved given the size, weight, speed ofthe SUAS as well as the location where it is operated. Flights will be over SLCI construction sites atwhich third party access is controlled and Owner authorization is approved. Comparedto flight operations with aircraft or rotorcraft weighing far morethan the maximum 55 lbs. proposed herein and flammablefuel, any risk associated with SLCI's operations is far less than those presently presented with conventional aircraft. In addition, the low-altitude operations ofthe SUASwill ensure separation between these SUAS operations and the operations ofconventional aircraft that must comply with Section 91.119.

### D. 14 C.F.R. §91.121: Altimeter settings US Department ofTransportation Docket Management System July 7, 2015 Page 6

This regulation requires each person operating an aircraftto maintain cruising altitude by reference to an altimeterthat is set "

...to the elevation ofthe departure airport or an appropriate altimetersetting 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 ofsafetywill 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 forflight 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 ofpowered flight. To meetthe 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 ofits 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 engenderthe type of risks that Section 91.151(a) was intended to alleviate given the size and speed ofthe SUAS. An equivalent level of safety can be achieved by limiting flights to enough battery reserve to ensure that the SUAS lands atthe ground station with at least 20% of battery power (as determined by the onboard monitoring system and PIC), whichever happens first. Because ofthe limited operating area underwhich SUASflights will be conducted, this restriction will be more than adequate to ensure return ofthe SUASto 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 operatororowner "shall have that aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part43 ofthis chapter

...," and others shall inspect or maintain the aircraft in compliance with Part43. Given thatthese section and Part 43 apply only to aircraftwith an Airworthiness Certificate, these sections will not apply to SLCI. Maintenancewill be accomplished by the operator pursuantto the flight manual and operating handbook. An equivalent level ofsafety 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 oftime. If mechanical issues arise the SUAS can land immediately and will be operating from no higherthan 400feetAGL. The operatorwill ensure thatthe SUAS is in working order priorto initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person mostfamiliarwith the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level ofsafety. Pursuantto 14 C.F.R. Part 11, thefollowing summary is provided for publication in the Federal Register, should it be determined that publication is needed: Applicantseeks an exemption from the following rules: 14C.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 ofexemptions 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 fewerthan 55 pounds. and powered by batteries eliminates virtually all ofthat risk and environmental impact given the reduced mass and lack of combustible fuel carried on board. The SUASwill carry no passengers orcrew and, therefore, will not expose them to the risks associated with manned aircraftflights. Although SLCI does notforesee 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 ofsafety supporting the grant ofthe 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 saferthan conventional operations conducted with fixed-wing aircraft operating in close proximity to the ground and people. Privacy All flights will occur overSLCI Construction Jobsites (Including JointVenture Projects) atwhich third party access is controlled, Owner notification and approval is granted, and signs will be posted notifying onsite personnel ofthe SUASflyover.

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### Satisfaction ofthe criteria provided in Section 333 ofthe Reform Act of2012-size, weight, speed, operating capabilities, proximityto airports and populated areas and operation within visual line ofsight and national security

- provide more than adequatejustification forthe grant ofthe requested exemptions allowing commercial operation ofapplicant's SUASs on Construction Jobsites

. Sincerely,

# ~~ Shawn Smith Resident Engineer

cc:



# ss

07.07.201 5 Letterto US DOT RE SLCI

-FAA-333.docx