1 March 10 , 2016

U

. S . Department of Transportation Docket Management System

1200 New Jersey Ave., SE Washington, DC 20590

RE: Exemption Request Section 333 of the FAA Modernization and Reform Act of 2012

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

, Kiewit Power Constructors Co. hereby applies for an exemption from Federal Aviation Regulations (“ FARs ”) identified below, to allow commercial operations of small unmanned a erial systems (“ sUAS ”).

In accordance with the F ederal A viation A dministration 's (“FAA”) Guidelines f or Submitting a Petition for Exemption under S ection 333 of the Reform Act, Kiewit Power Constructors Co.

, also referred to
hereafter as the petitioner, request s exemption from the following sections of Title 14, Code of Federal Regulations (14 CFR) :

§§ 61.23(a) and (c)

, 61.101(e) (4) and (5), 61.113(a) , 61.315(a), 91.7(a), 91.119(c)

, 91.121
, 91.151(a) (1)

, 91.405(a)

, 91.407(a)(1)

, 91.409 (a)( 1 ) and (2), and 91.417(a) and (b) to the extent necessary to allow the petitioner to operate s UAS to perform aerial data collection.

This petition is to grant exemption to operate sUAS commercially in airspace regulated by the F AA for the purposes of aerial data collect ion. Petitioner requests exemption for commercial use of sUAS to more safely and efficiently accomplish missions in furtherance of its business of providing design and engineering services for power plant projects. Typical missions may include:

Aerial mapping ; A erial photography ; L ine of sight surveying ; I nfrastructure safety inspection operations ; U tility inspections; C onstruction site inspection ; E nvironmental

site assessments ; and UAS Operator training

.

These types of aerial data collection mission s can be performed more safely and cost effectively with the use of sUAS at low altitudes compared to the use of manned aircraft or personnel working high above ground on infrastructure, cranes, scaffolding or the like.

Operations will be performed only a t the request of and with the authorization and permission of clients or their authorized agents. Petitioner will conduct such operations within and under the conditions outlined herein or as may be established by the FAA.

SUMMARY FOR FEDERAL REGISTER

Kiewit Power Constructors Co. seeks exemption from t he f o ll o w i ng r e g u l a t i ons for the purpose of
commercial use of sUAS :2 14 C.F.R. 61.23(a) and (c); 14 C.F.R. 61.101(e) (4) and (5); 14 C.F.R. 61.113(a) & (b); 14 C.F.R. 61.315(a); 14 C.F.R. 91.7(a); 14 C.F .R. 91.119(c); 14 C.F.R. 91.121; 14 C.F.R. 91.151(a) (1); 14 C.F.R. 91.405(a); 14 C.F.R. 91.407(a) (1); 14 C.F.R. 91.409(a) (1) and (2); 14 C.F.R. 91.417(a) & (b).

Approval of the exemption will allow commercial operation of sUAS for aerial data collectio n in furtherance of petitioner’s engineering and design business for power plant projects . The requested exemption should be granted because operation of sUAS conducted in the conditions outlined in the petition will provide an equivalent level of safety, while still allowing commercial operations. The lightweight aircraft covered by the exemption are far safer than conventional operations conducted with manned aircraft weighing thousands of pounds, carrying highly flammable fuel, and operating in close

p roximity to the ground and people. The factors the FAA is required to consider when approving Section 333 exemption petitions

– size, weight, speed, operational capability, proximity to airports, proximity to populated areas, and operation within visual l ine of sight

– each support the request. Petitioner’s sUAS

are small , weigh less than 35 pounds and operate close to the ground at slow speeds. The increase in safety, decrease of risk to human life and property, c ombined with the low risk use of s UAS to conduct these operations weigh heavily in favor of granting the exemption.

DESCRIPTION OF PETITIONER

Kiewit Power Constructors Co.
Attn: Jarrod Guthrie
9401 Renner Boulevard Lenexa, Kansas 66219 Phone: (913)928

- 7000
Email: Jarrod.Guthrie @kiewit.com

Kiewit Power Constructors Co. provides a complete array of design and engineering services for major power plant projects that set industry standards for quality design and superior functionality,
worldwide. It bring s in

- depth expertise to deliver power projects using engineer

- procure

- construct (EPC), design

- build, design

- assist and traditional bid

- build models.

STATUTORY AUTHORITY

This petition for exemption is submitted to fulfill Congress' goal in passing Section 333(a) through (c) of
the Reform A ct. Congress has directed the FAA "to safely accelerate the integration of civil unmanned aircraft systems into the national airspace system." Pursuant to Section 333 of the Reform Act, the FAA
Administrator is to consider whether certain unmanned aircraf t systems may operate safely in the National Airspace System ("NAS") before completion of the formal s UAS rulemaking, based on the following considerations:

• The s UAS's size, weight, speed, and operational capability; • Operation of the s UAS in close p roximity to airports and populated areas; and • Operation of the s UAS within the visual line of sight of the operator.

If the Secretary determines that such vehicles "may operat e safely in the National Airspace System, the Secretary shall establish req uirements for the safe operation of such aircraft in the National Airspace System".3 Additionally, the FAA Administrator has general authorit y to grant exemptions from its safety regulations and minimum standards when the Administrator decides a requeste d exemption is in the public interest. See 49 U.S.C. § 44701(f) (permitting exemptions from §§ 44701(a), (b) and §§ 44702

– 44716, et seq.). A party requesting an exemption mus t explain the reasons why the exemption: (1) would benefit the public as a whol e, and (2) would not adversely affect safety (or how it would provide a level of safety at least equal to the existing rules). See 14 C.F.R. § 11.81 (petitions for exemption).

THE FARs The petitioner seeks exemption from the referenced FARs for the follow ing reasons:

14 C.F.R. 21, Subpart H

. E ntitled Airworthiness Certificat es. This part of the FARs sets forth requirements for procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(l). The size, weight and enclosed operational area of a UAS permits exemption from Part 21

. The petitioners ’ s UAS meet (and exceed) an equivalent level of safety pursuant to Section 333 of the Reform

Act. The F AA is authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f) and Section 333 of the Reform Act )

. Both pieces of legislation permit the FAA to exempt s UAS from the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and proximity to a reas such as airports and dense populations. Our current and projected s UAS meet or exceed each of the elements.

61.23(a) and (c); 61.101(e)(4) and (5) 61.113(a) & (b) and 61.315(a ). T he petitioner requests relief in
order to facilitate the utilization o f pilots, who hold a SPORT PILOT (or greater) certificate. It can achieve an equivalent level of safety as achieved by current Regulations because our sUAS do not carry any pilots or passengers. The risks attended to the operation of our sUAS is far less than the risk levels
inherent in the commercial activities outlined in 14 C.F.R. § 61, et seq. Thus, allowing us to operate the

sUAS in a manner that meet and exceed current safety levels in relation to 14 C.P.R. §61.113 (a) & (b). In addition, Grant of Exemption No. 11062 to Astraeus Aerial (Astraeus), the FAA determined that a Pilot in Command (“ PIC ”) with a private pilot certificate operating the Astraeus UAS would not adversely
affect operations in the NAS or present a hazard to persons or property o n the ground.

91.119(c)

. This FAR 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 sp arsely 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 herein, the sUAS will not operate at higher than 400 feet above ground level ( AGL )

. The sUAS will, however, be operated to avoid congested or populated areas. Because aerial data collection must be accomplished 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 sa fety will be achieved given the size, weight, speed, and material with which the
sUAS are built. Also, no flight will takeoff or land without the permission of the land owner or those
who control the land. Because of the advance notice to the landowner, all affected individuals will be aware of the flights. Compared to operations conducted with aircraft or rotorcraft weighing far more than the sUAS, and carrying flammable fuel, any risk associated with these operations will be significantly less than tho se currently allowed with conventional aircraft operating at or below 500 feet

AGL. Indeed, the low

- altitude operations of the sUAS will maintain separation from operations of conventional aircraft that must comply with Section 91.119.4 91.121

. As discus sed in Exemption 11138 (DOUGLAS TRUDEAU)

, this FAR is inapplicable since the s UAS
does not have an altimeter and instead utilizes electronic GPS with a barometric sensor for altitude
information. To provide an equivalent level of safety, the sUAS autopilo ts calculate the ground level
with the on

- board GPS during the pre

- flight tests. The GPS and barometer data are merged with their respective precisions. The GPS provides reliable information to correct potential barometric bias, while rapid variations in altitude are detected through the barometer.

91.151(a)

. A s discussed in Exemption 11136 ( CADVANCED AVIATION SOLUTIONS LLC)

, prior relief has been granted for manned aircraft to operate at less than the prescribed minimums, including Exemption Nos. 2689, 5745, and 10650. In addition, similar s UAS specific relief has been granted in Exemption Nos. 8811, 10808, and 10673 for daytime, VFR conditions. The s UAS indicates the remaining battery power

as a percent age to the PIC. An equivalent level of safety c an be achieved by maintaining the
manufacturer recommended minimum minutes of reserve fuel, which would be more than adequate to

return the s UAS to its planned landing zone from anywhere in its operating area given that the systems are designed to be flown within direct visual line of sight ( VLOS ) of the PIC. Information provided in the operating documents discusses procedures regarding remaining battery power management. Those documents contain a condition in which the PIC will initiate a landing procedu re when battery remaining reaches a specified level. Given the limitations on proposed operations and the location of those proposed operations, t he FAA found that a reduced minimum power reserve for flight in daytime VFR
conditions was reasonable.

91.40 5(a); 91.407(a ) ( I); 91.409 (a ) ( I) & (2); 91.417(a) & (b)

. A s discussed in Exemption 11138 (DOUGLAS TRUDEAU), the petitioner pro poses to inspect and ensure that the s UAS is in a condition for safe flight in accordance with the operating documents. The F AA found that adherence to the petitioner's operating
documents and the conditions and limitations specified, describing the requirements for maintenance, inspection, and recordkeeping, were sufficient to ensure that safety would not be adversely affected. An equivalent level of safety will be achieved because the sUAS are small in size, will solely operate in
restricted predetermined areas and are not complex mechanical devices. We will perform all

maintenance and inspections in accordance with the manuf acturers' manuals and any required
manufacturer Safety or Service Bulletins. In addition, the PIC will conduct a preflight inspection of the

sUAS and all associated equipment to account for all discrepancies

.

THE s UAS

Th is petition requests exemption s f or the following sUAS:

3DR X8 (max. takeoff weight, 9 pounds), DJI Phantom 2 (max. takeoff weight, 2.64 pounds) and DJI Phantom 3 (max. takeoff weight, 2.82 pounds)

. The FAA has already approved the use of these makes
and models of sUAS for commercial use in Sec. 333 E xemption No. 12646

.

Each of the sUAS is a highly successful consumer grade small rotorcraft with a weight not exceeding 55lbs including payload. Each is designed to carry aloft a high definition camera and will not be operated to exceed a m aximum speed of 87 knots (100 miles per hour). Each sUAS utilizes an internal inertial measuring unit (IMU) with integrated barometric sensor augmented with global positioning system (GPS) to maintain its geospatial orientation and position.

Each sUAS i s equipped with failsafe features that will automatically land the sUAS or return it to the operating base if connection with the controller is lost.5 OPERATING CONDITIONS

A summary grant of exemption to the petitioner for the aforementioned sUAS wi ll be subject to the same operating conditions issu ed by the FAA , without deviation or alteration. The main restrictions are
summarized below:

1. Operations authorized by a grant of exemption are limited to the aforement ion ed sUAS

. P roposed operations of any other aircraft will require a new petition or a petition to amend this
grant.

2. The s UA S may not be flown at an indicated airspeed exceeding 87 knots. In no case will the

s UA S be operated at airspeeds greater than the maximum s UA S operating airspee d recommended by the aircraft manufacturer.

3. The s UA S must be operated at an altitude of no more than 4 00 feet AGL, as indicated by the procedures specified in the manufacturers operating documents. All altitudes reported to ATC
must be in feet AGL.

4. The s UA S must be operated within VLOS of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the
PIC’s FAA

- issued airman medical certificate.

5. All operations must util ize a visual observer (VO). The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the VO can perform the functions prescribed in the operating documents.

6. This exemption and all documents needed to operate the s UAS and conduct its operations in

a ccordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating documents and this grant of exemption
must be maintained and made available to the Administrator upon re quest. If a discrepancy exists between the conditions and limitations in this exemption and the procedures outlined in the operating documents, the conditions and limitations herein take precedence and must be
followed. Otherwise, the operator must follo w the procedures as outlined in its operating
documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the Administrator upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to this grant of exemption. If th e operator determines that any update or revision would affect the basis, upon which the FAA granted this exemption

, t hen the operator must petition for amendment to its grant of exemption. The FAA’s sUAS Integration Office (AFS

- 80) may be contacted if questions arise regarding updates or revisio ns to the operating documents.

7. Prior to each flight the PIC must inspect t he sUAS to ensure it is in a condition for safe flight. If
the inspection reveals a condition that affects the safe operation of the sUAS, the aircraft is prohibited from operating until the necessary maintenance has been performed and the sUAS is
found t o be in a condition for safe flight. The Ground Control Station must be included in the6 preflight inspection. All maintenance and alterations must be properly documented in the
aircraft records.

8. Any sUAS maintenance or alterations that affect the sUAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PIC who conducts the functional test flight must make an entry in the aircraft records.

9. The pre

- flight inspection section in the operating documents must account for all discrepancies,

i.e. inoperable components, items, or equipment, not already covered in the relevant sections of
the operating documents.

10. The operator must follow the sUAS aircraft/component, maintenance, o verhaul, replacement, inspection, and life limit requirements.

11. The operator must carry out its maintenance, in spections, and record keeping requirements, in accordance with the operating documents

. Maintenance, inspection, and alterations must be
noted in the aircraft records, including total flight hours, description of work accomplished, and the signature of the PIC returning the sUAS to service.

12. Each sUAS operated under this exemption must comply wit h all manufacturer System and Safety
Bulletins.

13. The PIC must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections.

14. The PIC will be trained in flight, operations and s afety procedures and must hold either an airline
transport, comm ercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

15. The operator may not permit any PIC to operate unless tha t PIC has demonstrated throu gh the operator’s training that the PIC is able to safely operate the sUAS in a manner consistent with how the sUAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels , vehicles and

structures. A record of training must be documented and made available upon request by the
Administrator. Flights for the purposes of training the operator’s PICs and VOs (training, proficiency, and experience

- building), are permitted unde r the terms of this exemption. However, said training operations may only be conducted during dedicated t raining sessions.

16. sUAS operations may not be conducted during night, as defined in 14 CFR 1.1. All operations

mus t b e conducted under visual meteo rological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized.

17. All operations shall be conducted in Class G airspace.7 18. The s UA S may not operate within 5 nautical miles of an airport reference point as denoted on a

cur rent FAA published aeronautical chart except under a letter of agreement with airport management or otherwise permitted by COA.

19. The s UA S may not be operated less than 500 feet below or les s than 2,000 feet horizontally from a cloud or when visibility is l ess than 3 statute miles from the PIC.

20. If the s UA S loses communications or loses its GPS signal, it must return to a pre

- determined location within the planned operating area and land or be re covered in accordance with the operating documents.

21. The PI C must abort the flight in the event of unpredict ed obstacles or emergencies in accordance with the operating documents.

22. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point
and land the s UA S with 25 % battery power remaining.

23. The operator must obtain an Air Traffic Organization (ATO ) issued Certificate of Waiver or Authorization (COA) prior to conducting any operations under this grant of exemption. This COA will also require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation.

24. All aircraft operated in accordance with this exemption m ust be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N

- N umber) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable.

25. Prior to conducting operations, the ra dio frequency spectrum used for operation and control of
the s UA S must comply with the Federal Communications Commission (FCC) or other appropriate
government oversight agency requirements.

26. The documents required under 14 CFR 91.9 and 91.203 must be avai lable to the PIC at the Ground Control Station of the sUAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official upon request.

27. The s UA S must remain clear and yield the right of w ay to all other manned aviation operations
and activities at all times.

28. The sUAS may not be operated by the PIC from any moving device or vehicle.

29. The s UA S may not be operated over congested or densely populated areas.

30. Flight operations must be co nducted at least 500 feet from all nonparticipating p ersons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently pr otect nonparticipating persons from the

s UA S and/or debris in the event of an accident. The ope rator must ensure that nonparticipating persons remain under such protection. If a situation arises where8 nonparticipating persons leave such protection and are within 500 feet of the s UA S , flight operatio ns must cease immediately; and/or

b. the aircraft is operated near vessels, vehicle s or structures where the land owner/controller has granted permission and the PI C has made a safety assessment of the risk of operating closer to those objects a nd determined that it does not present an undue hazard; and

c. operations nearer to the PIC, VO, operator traine es or essential persons do not present an undue hazard to those persons per § 91.119(a).

31. All operations shall be conducted over private or co ntrolled

- access property with permission from the land owner/co ntroller or authorized representative. Permission from land

o wner/controller or authorized representative will be obtained for each flight to be conducted.

32. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of
th e operational area as defined by the appli cable COA must be reported to the FAA's sUAS Integration Office (AFS

- 80) within 24 hours. Accidents must be reported t o the National Transportation Safety Board (NTSB) per instructions contain ed on the NTSB Web site: www.ntsb.gov.

RISK MITIGATION

The petitioner has reviewed the FAA exemption s Conditi ons and Limitations section s from Sec. 333 Exemption Nos. 11138, No. 11136, and 11080 and b elieve s that the procedures specified therein are
reasonable and wi ll be utilized in order to manage and mitigate risk and ensure public safety. A preflight checklist is employed to ensure that the s UA S airworthiness will be verified before launch. Airworthiness will be maintained by performance of routine inspections b efore each flight, and maintaining flight and maintenance logs to record time on failure prone components.

The petitioner has safety policies and procedures for all of its operations to ensure the safety of its employees and the public and to protect aga inst property damage. It will adopt safety procedures for its sUAS program consistent with any exemption granted.

PUBLIC BENEFIT

This exemption application is expressly submitted to fulfill Congress’ goal in passing Section 333(a) through (c) of the R eform Act. This law directs the Secretary 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 UAS to operate with significant safety precautions in low risk environments.

Additionally, sUAS could replace the use of helicopters and small aircraft to monitor sites. The sUAS we propose to fly in this application are un der 35 pounds , and carry no combustible material on board, as opposed to the much larger conventionally powered small aircraft. Shifting to sUAS from helicopters or working high above ground presents a marked safety increase for our workers and the public

. In addition, maintaining industrial safety has been a priority of state and local governments for decades.9 By their nature, structural inspection sites present unique difficulties for persons attempting to inspect
and maintain the structure. The com ponents can be tall and have limited access. Sending a human observer or using helicopters to inspect such elevated structures carry certain risks. These risks can be avoided by using s UAS under controlled conditions to photograph and document the state of the equipment. This helps to facilitate repairs and identify issues before they become problems. Current options for inspecting structures and conducting aerial site surveys and mapping, is limited to using human personnel. Inspectors will either use a normal rotor wing manned

- aircraft or crane baskets to
raise human observers to an elevated position. The use of sUAS reduces the risk to human life by removing them from dangerous aspects of the inspection process.

In addition, granting the exceptio n will help advance the knowledge base for conducting commercial

s UAS operations. This additional data will help the FAA set future rules regarding s UAS flight operations, maintenance, and crew qualifications. The public also has an interest in reducing the hazards and emissions associated with alternate use of helicopters to conduct similar inspection operations. The

s UAS in question is very light weight and does not carry any flammable fuel, further reducing the risk from any potential accident. The u se of sUAS on a work 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

. Falls are a leading source of workplace fatality and injury on construction sites, and reducing falls through sUAS use for site imaging could save workers lives.

Lastly, if the Secretary determines that such vehicles “may operate safely in the nationa l airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system.” Id. §333(c) (emphasis added)

CONCLUSION

The requested exemption should be granted based upon the clear direction in Section 333 of the Reform Act. Petitioner’s use of sUAS as outlined will achieve an equivalent or higher level of safety with the proposed operations and provide a significant public benefit. Accordingly, I respectfully request that the FAA grant the re quested exemption without delay.

Sincerely,

/s/ Jarrod R. Guthrie

Jarrod R. Guthrie
Chief Commercial Counsel