BLACK & VEATCH CORPORATION 11401 LAMAR AVENUE, OVERLAND PARK, KS 66211 +1 913-458-7823 I BAKERRL2@BV.COM

June 10, 2015 U.S. Department ofTransportation, Docket Operations West Building Ground Floor, Room W12-140 1200 NewJerseyAve, SE Washington, DC 20590

Re: Petition of Black & Veatch Corporationfor an Exemption Pursuant to Section,.$33 of the FAA Modernization andReformActof2012 to Operate an Small UnmannedAircraftSystem. Dear Sir or Madam: Pursuantto Section 333 ofthe FAA Modernization and Reform Act of2012 (the Reform Act) and 14 C.F.R. Part 11, Black & Veatch Corporation (Black & Veatch) a global engineering, consulting, and construction company, hereby applies for an exemption from the listed Federal Aviation Regulations (FARs) to allow commercial operation ofsmall unmanned aerial systems (sUAS), for aerial imaging for safety and monitoring ofsecured and controlled project sites, so long as such operations are conducted within and under the conditions outlined herein or as maybe established bythe FAA as required by Section 333. This exemption is in accordance with protocols outlined in this petition for exemption and incorporates the material contained in the following:

• Appendix A: Black & Veatch sUAS Operation, Inspections, and Maintenance Manual • Appendix B: Black & Veatch sUAS Pilot Operating Handbook • Appendix C: Black & Veatch sUAS Training Manual • Appendix D: DJI S1000 User Manual • Appendix E: A2 Flight Control System User Manual The Appendices are submitted as confidential under 14 C.F.R. § 11.35(b), because they contain commercial and proprietary information that Black & Veatch has not and will not share with others, is not available to the public, and is protected from release underthe Freedom of InformationAct, 5 U.S.C. § 552 et seq. As described more fully below, the requested exemption would permitthe operation ofsUAS under controlled conditions in airspace thatis 1) limited 2) predetermined 3) controlled as to access and 4) would provide safety enhancements to the alreadybestpractices safetyprotocols followed by Black & Veatch. Approval ofthis exemptionwould therefore create no safety concerns regarding national airspace and would fulfill the Secretary ofTransportation's (the FAA Administrator's) responsibilities to "

...establish requirements for the safe operation ofsuch ) aircraft systems in the national airspace system." Section 333(c) ofthe Reform Act.

www.bv.com ;/ The contactinformation for the applicantis as follows: Black & Veatch Corporation Attn: Ryan Baker Email: bakerrl2@bv.com 11401 LamarAvenue Overland Park, KS 66211 (913) 458-7823 Regulations from which the exemption is requested: 14 CFR Part 21 Subpart H 14 CFR 91.203(a)(1) 14 CFR Part 27 14 CFR 45.23(b) 14 CFR 61.113(a)&(b) 14 CFR 91.7(a) 14 CFR 91.9(b)(2) 14 CFR 91.103 14 CFR 91.109(a) 14 CFR 91.119 14 CFR 91.121 14 CFR 91.151(a) 14 CFR 91.203(a) & (b) 14 CFR 91.405(a) 14 CFR 91.407(a)(1) 14 CFR 91.409(a)(2) 14 CFR 91.417(a) & (b) 

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The Federal Aviation Act expressly grants the FAA the authorityto issue exemptions. This statutory authorityby its terms includes exempting civil aircraft, as the term is defined under §40101 ofthe Act, thatincludes sUASs, from the requirementthat all civil aircraftmusthave a current airworthiness certificate. The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) ofthis section or any sections 44702-44716 ofthis title ifthe Administrator finds the exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203 (a) (1). Section 333(b) ofthe Reform Act assists the Secretaryin determining whether sUAS may operate in the National Airspace System (NAS) without creating a hazard to the user, the public, or a threatto national security. In making this determination, the Secretary must consider:

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• The sUAS's size, weight, speed, and operational capability; • Operation ofthe sUAS in close proximityto airports and populated areas; and • Operation ofthe sUAS within visual line ofsight ofthe operator. Reform Act§ 333 (a). Lastly, ifthe Secretary determines that such vehicles "may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation ofsuch aircraft in the national airspace system." Black & Veatch interprets this provision to place the duty on the Administrator to not only process applications for exemptions under Section 333, butfor the Administrator to craft conditions for the safe operation ofthe sUAS, ifit should be determined thatthe conditions set forth herein do not fulfill the statutoryrequirements for approval. Black & Veatch's sUAS is a multirotorvehicle, weighing 55 or fewer lbs. including payload. The sUAS operates, under normal conditions, at a speed ofno more than 50 knots and has the capabilityto hover, and move in the vertical and horizontal plane simultaneously. The sUAS will operate only in the Pilot's visual line of sight at all times and will operate only within the sterile area described in the Appendices. Such operations will insure that the sUAS will "not create a hazard to users ofthe national airspace system or the public." Given the small size ofthe sUAS and the restricted and sterile environmentwithin which it will operate, Black & Veatch falls squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, allow commercial operations ofsUAS to commence immediately. Also due to the s m a 11 size ofthe s UASs and the low altitudes and restricted areas in which the sUAS will operate, approval ofthe application presents no national security issue. Given the clear direction in Section 333 ofthe Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalentlevel of safety surrounding the proposed operations, and the significantpublic benefit, including enhanced safety, the grant ofthe requested exemption is in the public interest. Accordingly, Black & Veatch respectfully requests thatthe FAA grantthe requested exemption without delay. 

### 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 ofTransportation 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 FAA will fulfill Congress's intent ofallowing UAS to operate with significant safetyprecautions in low risk environments. The use ofsUAS on Black & Veatch project sites can significantly reduce the riskto workers of falls while inspecting, surveying, or monitoring site construction progress. sUAS can inspect, photograph, and collect data in hard to reach areas that otherwise would require worker ) inspection. Falls are a leading source ofworkplace fatality and injury (www.osha.gov). With

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the use ofthe proposed sUAS Black & Veatch could minimize the need to expose it's professionals to high fall risk activities, which in turn could save lives. Additionally, sUAS could replace the use ofhelicopters and small aircraftto monitor sites. The sUAS Black & Veatch proposes to fly in this application is less than 55lbs. and carries no combustible material on board, as opposed to the much larger conventionallypowered small aircraft. Shifting to sUAS from helicopters presents a marked safety increase for ourworkers and the public. Lastly, sUAS reduce the environmental impactby dramatically decreasing the energyused for aerial imaging and data collection over a project site. The proposed sUAS uses rechargeable lithium ion batteries, as opposed to fossil fuels burned in operation ofmuch heavier small aircraft. 

### EQUIVALENT LEVEL OF SAFETY Black & Veatch proposes thatthe exemption requested herein apply to sUAS thathave the characteristics and that operate with the limitations listed herein. These limitations provide for an exceptional level ofsafetyto operations. These limitations and conditions to which Black & Veatch agrees to be bound when conducting commercial operations under an FAA issued exemption include: 1. The sUAS will weigh less than 55 lbs. 2. Flights will be operated within line ofsight ofPilot in Command orVisual Observer. 3. Maximum total flight time for each operational flight will be 20 minutes. Flights will be terminated at 20% batterypower reserve should that occur priorto the 20 minute limit. 4. Flights will normallybe operated at an altitude below 200 feet AGL, never exceeding 400 feetAGL 5. The sUAS pilotwill be trained and certified in the proper safety and operations ofthe sUAS. 6. The sUAS will only operate within a controlled area as defined in the Appendices. 7. The sUAS pilotwill post advisory notices where people are located around the controlled area. 8. Abriefing will be conducted in regard to the planned sUAS operations prior to each day's production activities. Itwill be mandatorythat all personnel who will be performing duties within the boundaries ofthe safetyperimeterbe present for this briefing. 9. All onsite personnel will consentto the sUAS flyover bywaiver, and the operatorwill obtain additional verbal orwritten consent ofall persons who will be allowed within 100 feet ofthe flight operation. 10. Operatorwill have been trained in operation ofsUAS generally and will have received up-to-date information on the particular sUAS to be operated as required bythe Appendices. 11. Written and/or oral permission from the relevantpropertyholders will be obtained.

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12. Ifthe sUAS loses communications or loses its GPS signal, the UAS will have the capability to return to a pre-determined location within the Security Perimeter and land. 13. The sUAS will have the capabilityto abort a flight in case ofunpredicted obstacles or emergencies. 

### DESCRIPTION OF SPECIFIC REGULATIONS
Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance ofairworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated with the sUAS to be utilized by Black & Veatch, an exemption from Part 21 Subpart H meets the requirements ofan equivalentlevel of safetyunder Part 11 and Section 333 ofthe Reform Act. The Federal Aviation Act (49 U.S.C. §44701 (f)) and Section 333 ofthe Reform Act both authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration ofthe size, weight, speed, operational capability, and proximityto airports and populated areas ofthe particular sUAS. In all cases, an analysis ofthese criteria demonstrates thatthe sUAS operated without an airworthiness certificate, in the restricted environment and underthe conditions proposed will be atleast as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operatingwith an airworthiness certificate withoutthe restrictions and conditions proposed

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.j The proposed sUAS to be operated is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a controlled area as set out in the Appendices. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored bythe sUAS pilot, pursuantto the requirements set outin the Appendices. Lastly, application ofthese same criteria demonstrates thatthere is no credible threatto national securityposed bythe sUAS, due to its size, speed of operation, location ofoperation, lack ofexplosive materials or flammable liquid fuels, and inabilityto carry a substantial external load. 14 CFoR 

### Part 27: This regulation sets forth the procedural requirements for airworthiness certification ofnormal category rotorcraft. To the extend the S1000 would otherwise require certification under Part 27, Black & Veatch seeks an exemption from Part 27's airworthiness standards for the same reasons identified in the requestfor exemption from 14 C.F.R. Part 21, Subpart H. 14**CFJ~.** § 45o23 The regulation requires when marks include onlythe Roman capital letter "N" and the registration number is displayed on limited, restricted or light-sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraftnear each entrance to the cabin, cockpit, or pilot station, in letters notless than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light-sport," "experimental," or "provisional," as applicable.

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Even though the sUAS will have no airworthiness certificate, an exemption maybe needed as the UAS will have no entrance to the cabin, cockpit or pilot station on which the word "Experimental" can be placed. Given the size ofthe sUAS, two-inch letteringwill be impossible. The word "Experimental" will be placed on the fuselage in compliance with §45.29 (f). The equivalentlevel ofsafetywill be provided by having the sUAS marked on its fuselage as required by §45.29 (f) where the operator working with the sUAS will see the identification ofthe sUAS as "Experimental." The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A. 14 CFI=t & Sections 61.113 (a) & (b) limitprivate pilots to non-commercial operation. Because the sUAS will not carry a pilot or passengers, the proposed operations can achieve the equivalentlevel of safety ofcurrent operations byrequiringthe Pilot operatingthe aircraftto have completed a sUAS flight training course as detailed in the Appendices. Unlike a conventional aircraftthat carries the pilot and passengers, the sUAS is remotely controlled with no living thing or cargo on board. Black & Veatch's sUAS can also be operatedby an autopilot, which greatly reduces the danger ofhuman error. The area ofoperation is controlled and restricted, and all flights are planned and coordinated in advance as set forth in theAppendices. The sUAS to be operated hereunder is less than 55 lbs. fully loaded, carries neither a pilotnor passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured area as set out in the Appendices. Like other civil aircraft, operations under this exemptionwill be tightly controlled and monitored bythe operator and in compliance with local public safetyrequirements. The risks associated with the operation ofthe sUAS are therefore diminished from the level of risk associated with commercial operations contemplatedby Part 61 when drafted, and allowing operations ofthe sUAS as requested with a Pilotwho has metthe minimum requirements stated in the Appendices and achieves the level ofsafety contemplated by 14 C.F.R. § 61.113 (a) & (b). 14 CF,ft The regulation requires that no person may operate a civil aircraftunless itis in airworthy condition. As there will be no airworthiness certificate issued for the aircraft, should this exemptionbe granted, no FAA regulatory standardwill existfor determining airworthiness. Given the size ofthe aircraft and the requirements contained in the Appendices for maintenance and use ofsafety check lists prior to each flight, an equivalentlevel ofsafetywill be provided. 14 Section 91.9 (b) (2) provides: No person may operate a U.S.-registered civil aircraft

...

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(2) Forwhich an Airplane or Rotorcraft Flight Manual is not required by §21.5 ofthis chapter, unless there is available in the aircraft a current approvedAirplane or Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. The sUAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not onlybecause there is no pilot on board, butbecause there is no room or capacityto carry such an item onthe aircraft. The equivalentlevel ofsafety will be maintained bykeeping the flight manual atthe ground control pointwhere the operator flying the sUAS will have immediate access to it. The FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565,95658,10167, 10167A, 10602,32827, and 10700. 14 CFR LlOJ: This regulation requires each operator to take certain actions before flight to insure the safety offlight. As FAA approved rotorcraftflight manuals will notbe provided for the aircraft an exemption will be needed. An equivalentlevel ofsafetywill be provided as set forth in the Appendices. The operatorwill take all actions including reviewing weather, flight battery requirements, landing and takeoffdistances and aircraftperformance data before initiation of flight. ) 14 CFR 91.109: Fi

\, j Section 91.109 provides thatno person may operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircrafthas fully functioning dual controls. sUAS's and remotely control piloted aircraft, bytheir design do nothave fully functional dual controls. Flight is accomplished through the use of a control boxthat communicates with the aircraftvia radio communications. The FAA has approved exemptions for flight training without fully functional dual controls for a number ofaircraft and for flight instruction in experimental aircraft. See Exemption Nos.5778K & 9862A. The equivalentlevel ofsafety providedbythe fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed ofthe aircraft. 14 CFR 91.119: n Section 91.119 establishes safe altitudes for operation ofcivil aircraft. Section 91.119 (d) allows helicopters to be operated atless than the minimums prescribed, provided the person operatingthe helicopter complies with any route or altitudes prescribed for helicopters bythe FAA. As this exemption is for a sUAS that is a helicopter andthe exemption requests authorityto operate at altitudes up to 400 AGL, an exemption maybe needed to allow such operations. As set forth herein the sUAS will never operate athigher than 400 AGL.

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The equivalentlevel ofsafetywill be achieved given the size, weight, speed ofthe sUAS as well as the location where itis operated. In addition, the low-altitude operations ofthe sUAS will ensure separationbetween these sUAS operations andthe operations ofconventional aircraft thatmust complywith Section 91.119. 14 CFR 91.121: 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 altimeter setting available before departure." As the sUAS may nothave a barometric altimeter, butinstead a GPS altitude read out, an exemption maybe needed. An equivalentlevel ofsafetywill be achieved bythe operator, pursuantto the Appendices, confirmingthe altitude ofthe launch site shown on the GPS altitude indicator before flight. 14 CFR 910 VFR Section 91.151 (a) prohibits an individual from beginning "a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point ofintended landing, and, assuming normal cruising speed

- (1) During the day, to fly after that for atleast 30 minutes; or (2) At night, to fly afterthat for atleast45 minutes." Given the technological limitations on the sUAS batterypower means thatno meaningful flight operations can be conductedwhile still maintaining a 30 minute reserve. The aircraft is battery powered with a maximum flight time of30 minutes. Black & Veatch proposes thatthe maximum flight time for each operational flight will be 20 minutes. The aircraftwill be safely landed with no less than the greater of (a) 20%batterylife remaining or (b) five minutes of flight time remaining. Applicantbelieves that an exemption from 14 CFR §91.151(a) falls within the scope ofprior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151 (a)). Operatingthe small UAS, in a tightly controlled area, with less than 30 minutes ofreserve fuel, does not create the type ofrisks that Section 91.151 (a) was intendedto alleviate given the size and speed ofthe sUAS. The FAA has stated that an equivalent level ofsafety is provided ifthe sUAS flight is conducted under daytime VFR flight conditions using visual line ofsight (VLOS), and terminated with at least 25% reserve batterypower still available. See Grant ofExemption No. 11062, p. 21-22. TheAppendices requires an equivalentlevel ofsafetyby safely landingwith no less than the greater of (a) 20% batterylife remaining or (b) five minutes oflight time remaining and otherwise complying with the flight restrictions above. 14 & Ca The regulation provides in pertinentpart: (a) Except as provided in§ 91.715, no person may operate a civil aircraftunless ithas within it the following:

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(1) An appropriate and current airworthiness certificate

... (b) No person may operate a civil aircraftunless the airworthiness certificate required by paragraph (a) ofthis section or a special flight authorization issued under §91.715 is displayed atthe cabin or cockpit entrance so thatitis legible to passengers or crew. The sUAS fully loadedweighs no more than 55 lbs. and is operatedwithout an onboard pilot. As such, there is no ability or place to carry certification and registration documents or to display them on the sUAS. An equivalentlevel ofsafetywill be achieved bykeepingthese documents atthe ground control pointwhere the operator flying the sUAS will have immediate access to them, to the extentthey are applicable to the sUAS. The FAA has issued numerous exemptions to this regulation. A representative sample ofother exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797,9797 A, 9816A, and 10700. 14 91 & 

### ntenance These regulations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpartE 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 inspector maintain the aircraft in compliance with Part43. Given thatthese sections and Part43 apply onlyto aircraftwith an airworthiness certificate, these sections will not applyto the Applicant. Maintenance will be accomplished bythe operator pursuantto the flight manual and operating handbook as referenced in the Appendices. An equivalentlevel ofsafetywill be achieved because the sUAS is limited in size and will carry a small payload and operate only in controlled areas for limited periods oftime from no higher than 400 feet AGL.. Ifmechanical issues arise the sUAS can land immediately. As provided in the Appendices, the operatorwill ensure thatthe sUAS is in working order prior to initiating flight, perform required maintenance, and keep a log ofany maintenance performed. Moreover, the operator is the person most familiar with the aircraft andbest suited to maintain the aircraft in an airworthy condition to provide the equivalentlevel ofsafety. 

### FEDERAL REGISTER PULICATION SUMMARY Pursuantto 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should itbe determined thatpublication is needed: Black & Veatch Corporation seeks an exemptionfrom the following rules: 14 CFR Part21 Subpart H; 14 CFR 91.203{a)(1); 14 CFR Part27; 14 CFR 45.23(b); 14 CFR 61.113{a)&(b); 14 CFR 91.7{a); 14 CFR 91.9(b}{2); 14 CFR 91.103; 14 CFR 91.109{a); 14 CFR 91.119; 14 CFR 91.121; 14 CFR 91.151(a); 14 CFR 91.203{a) & (b); 14 CFR 91.405(a); 14 CFR 91.407(a)(1); 14 CFR 91.409{a)(2); 14 CFR 91.417(a) & (b) to commercially operate a small unmannedaerial system (sUAS, 55 lbs. orless)for thepurpose of inspection, monitoring, mapping andphotographing equipmentand engineering studies.

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Approval of exemptions allowing commercial operations of sUASs will create a level of safety by reducing risk. Conventional inspections and construction monitoring tasks involve extreme risks topersonnelphysically climbing structures andjor utilizing high rise equipmentboth of which create numerous and extreme risk to such personnel. In contrast, a sUAS weighingfewer than 55 lbs. andpowered bybatteries eliminates virtually all of that risk. The sUAS will carry no passengers or crew and, therefore, will notexpose personnel to any of the risks described above.

All flights will occur overprivate or controlled accessproperty with theproperty owner's prior consentandknowledge. The granting of this exemption requestwillprovide innovative safety operations. 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

- provide more than adequatejustification for the grant ofthe requested exemptions allowing commercial operation ofapplicant's sUAS in and pursuantto the Procedures appended hereto. Sincerely,

Ryan Baker, Director ofsUAS Flight Operations Black & Veatch Corporation

Enclosures

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