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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 aerial 

systems (“sUAS”). 

In accordance with the Federal Aviation Administration's (“FAA”) Guidelines for Submitting a Petition for 

Exemption under Section 333 of the Reform Act, Kiewit Power Constructors Co., also referred to 

hereafter as the petitioner, requests 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 sUAS to perform aerial data collection.

This petition is to grant exemption to operate sUAS commercially in airspace regulated by the FAA for 

the purposes of aerial data collection. 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; Aerial photography; Line of sight surveying; Infrastructure safety 

inspection operations; Utility inspections; Construction site inspection; Environmental 

site assessments; and UAS Operator training.

These types of aerial data collection missions 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 at 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 the following regulations for the purpose of 

commercial use of sUAS:
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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 collection 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 

proximity 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 line 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, combined with the low risk use of sUAS 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 brings 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 Act. 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 aircraft systems may operate safely in the 

National Airspace System ("NAS") before completion of the formal sUAS rulemaking, based on the 

following considerations: 

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

• Operation of the sUAS in close proximity to airports and populated areas; and 

• Operation of the sUAS within the visual line of sight of the operator. 

If the Secretary determines that such vehicles "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". 
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Additionally, the FAA Administrator has general authority to grant exemptions from its safety 

regulations and minimum standards when the Administrator decides a requested 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 must explain the reasons why the exemption: (1) 

would benefit the public as a whole, 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 following reasons:

14 C.F.R. 21, Subpart H. Entitled Airworthiness Certificates. 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’ sUAS meet (and exceed) an equivalent level of safety pursuant to Section 333 of the Reform

Act. The FAA 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 sUAS from the airworthiness certificate requirement in consideration of the weight, size, 

speed, maneuverability and proximity to areas such as airports and dense populations. Our current and 

projected sUAS 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). The petitioner requests relief in 

order to facilitate the utilization of 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 on 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 sparsely 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 safety 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 those 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.
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91.121. As discussed in Exemption 11138 (DOUGLAS TRUDEAU), this FAR is inapplicable since the sUAS 

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 autopilots 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). As 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 sUAS specific relief has been granted in Exemption Nos. 

8811, 10808, and 10673 for daytime, VFR conditions. The sUAS indicates the remaining battery power 

as a percentage to the PIC. An equivalent level of safety can be achieved by maintaining the 

manufacturer recommended minimum minutes of reserve fuel, which would be more than adequate to 

return the sUAS 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 procedure when battery remaining 

reaches a specified level. Given the limitations on proposed operations and the location of those 

proposed operations, the FAA found that a reduced minimum power reserve for flight in daytime VFR 

conditions was reasonable.

91.405(a); 91.407(a) (I); 91.409 (a) (I) & (2); 91.417(a) & (b). As discussed in Exemption 11138 (DOUGLAS 

TRUDEAU), the petitioner proposes to inspect and ensure that the sUAS is in a condition for safe flight in 

accordance with the operating documents. The FAA 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 manufacturers' 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 sUAS

This petition requests exemptions for 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 Exemption 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 maximum 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 is equipped with failsafe features that will automatically land the sUAS or return it to the 

operating base if connection with the controller is lost. 
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OPERATING CONDITIONS 

 

A summary grant of exemption to the petitioner for the aforementioned sUAS will be subject to the 

same operating conditions issued 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 aforementioned sUAS. 

Proposed operations of any other aircraft will require a new petition or a petition to amend this 

grant. 

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

sUAS be operated at airspeeds greater than the maximum sUAS operating airspeed 

recommended by the aircraft manufacturer.

3. The sUAS must be operated at an altitude of no more than 400 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 sUAS 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 utilize 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 sUAS and conduct its operations in 

accordance 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 request. 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 follow 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 the operator determines 

that any update or revision would affect the basis, upon which the FAA granted this exemption, 

then 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 revisions to 

the operating documents. 

7. Prior to each flight the PIC must inspect the 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 to be in a condition for safe flight. The Ground Control Station must be included in the 
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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, overhaul, replacement, 

inspection, and life limit requirements. 

11. The operator must carry out its maintenance, inspections, 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 with 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 safety procedures and must hold either an airline 

transport, commercial, 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 that PIC has demonstrated through 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 under the terms of this exemption. 

However, said training operations may only be conducted during dedicated training sessions. 

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

must be conducted under visual meteorological conditions (VMC). Flights under special visual 

flight rules (SVFR) are not authorized. 

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

current FAA published aeronautical chart except under a letter of agreement with airport 

management or otherwise permitted by COA.

19. The sUAS may not be operated less than 500 feet below or less than 2,000 feet horizontally from 

a cloud or when visibility is less than 3 statute miles from the PIC. 

20. If the sUAS loses communications or loses its GPS signal, it must return to a pre-determined 

location within the planned operating area and land or be recovered in accordance with the 

operating documents. 

21. The PIC must abort the flight in the event of unpredicted 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 sUAS 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 must be identified by serial number,

registered in accordance with 14 CFR part 47, and have identification (N-Number) markings in 

accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable. 

25. Prior to conducting operations, the radio frequency spectrum used for operation and control of 

the sUAS 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 available 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 sUAS must remain clear and yield the right of way 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 sUAS may not be operated over congested or densely populated areas. 

30. Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, 

vehicles, and structures unless: 

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

sUAS and/or debris in the event of an accident. The operator must ensure that 

nonparticipating persons remain under such protection. If a situation arises where
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nonparticipating persons leave such protection and are within 500 feet of the sUAS, flight 

operations must cease immediately; and/or

b. the aircraft is operated near vessels, vehicles or structures where the land owner/controller 

has granted permission and the PIC has made a safety assessment of the risk of operating 

closer to those objects and determined that it does not present an undue hazard; and 

c. operations nearer to the PIC, VO, operator trainees 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 controlled-access property with permission 

from the land owner/controller or authorized representative. Permission from land

owner/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 

the operational area as defined by the applicable COA must be reported to the FAA's sUAS 

Integration Office (AFS-80) within 24 hours. Accidents must be reported to the National 

Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: 

www.ntsb.gov. 

RISK MITIGATION

The petitioner has reviewed the FAA exemptions Conditions and Limitations sections from Sec. 333 

Exemption Nos. 11138, No. 11136, and 11080 and believes that the procedures specified therein are 

reasonable and will be utilized in order to manage and mitigate risk and ensure public safety. A preflight 

checklist is employed to ensure that the sUAS airworthiness will be verified before launch. 

Airworthiness will be maintained by performance of routine inspections before 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 against 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 Reform 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 under 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. 
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By their nature, structural inspection sites present unique difficulties for persons attempting to inspect 

and maintain the structure. The components 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 sUAS 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 exception will help advance the knowledge base for conducting commercial 

sUAS operations. This additional data will help the FAA set future rules regarding sUAS 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 

sUAS in question is very light weight and does not carry any flammable fuel, further reducing the risk 

from any potential accident. The use 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 national 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 requested exemption without delay.

Sincerely,

 /s/ Jarrod R. Guthrie

Jarrod R. Guthrie

Chief Commercial Counsel