BLACK & VEATCH CORPORATION 

11401 LAMAR AVENUE, OVERLAND PARK, KS 66211 

+1 913-458-7823 I BAKERRL2@BV.COM 

June 10, 2015 

U.S. Department of Transportation, Docket Operations 

West Building Ground Floor, Room W12-140 

1200 New Jersey Ave, SE 

Washington, DC 20590 

Re: Petition of Black & Veatch Corporation for an Exemption Pursuant to Section,.$33 of the FAA 

Modernization and Reform Act of2012 to Operate an Small Unmanned Aircraft System. 

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, 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 of small unmanned aerial systems 

(sUAS), for aerial imaging for safety and monitoring of secured and controlled project sites, so 

long as such operations are conducted within and under the conditions outlined herein or as 

may be established by the FAA as required by Section 333. 

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 under the Freedom of 

Information Act, 5 U.S.C. § 552 et seq. 

As described more fully below, the requested exemption would permit the operation of sUAS 

under controlled conditions in airspace that is 1) limited 2) predetermined 3) controlled as to 

access and 4) would provide safety enhancements to the already best practices safety protocols 

followed by Black & Veatch. Approval of this exemption would therefore create no safety 

concerns regarding national airspace and would fulfill the Secretary of Transportation's (the 

FAA Administrator's) responsibilities to " ... establish requirements for the safe operation of such 

) aircraft systems in the national airspace system." Section 333(c) of the Reform Act. 

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The contact information for the applicant is as follows: 

Black & Veatch Corporation 

Attn: Ryan Baker 

Email: bakerrl2@bv.com 

11401 Lamar Avenue 

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) 

STATUTORY AUTHORITY FOR EXEMPTIONS 

JUNE 10, 2015 I PAGE 2 

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This 

statutory authority by its terms includes exempting civil aircraft, as the term is defined under 

§40101 of the Act, that includes sUASs, from the requirement that all civil aircraft must have a 

current airworthiness certificate. 

The Administrator may grant an exemption from a requirement of a regulation prescribed 

under subsection (a) or (b) of this section or any sections 44702-44716 ofthis title if the 

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) of the Reform Act assists the Secretary in determining whether sUAS may 

operate in the National Airspace System (NAS) without creating a hazard to the user, the 

public, or a threat to national security. In making this determination, the Secretary must 

consider: 

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• 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 visual line of sight of the operator. 

Reform Act§ 333 (a). 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." Black & Veatch interprets this 

provision to place the duty on the Administrator to not only process applications for 

exemptions under Section 333, but for the Administrator to craft conditions for the safe 

operation of the sUAS, if it should be determined that the conditions set forth herein do not 

fulfill the statutory requirements for approval. 

Black & Veatch's sUAS is a multirotor vehicle, weighing 55 or fewer lbs. including payload. 

The sUAS operates, under normal conditions, at a speed of no more than 50 knots and has 

the capability to 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 of the national airspace system or the public." 

Given the small size of the sUAS and the restricted and sterile environment within 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 of s UAS to commence immediately. Also due to the s m a 11 size of the s UASs and 

the low altitudes and restricted areas in which the sUAS will operate, approval 

of the application presents no national security issue. 

Given the clear direction in Section 333 of the Reform Act, the authority contained in the 

Federal Aviation Act, as amended; the strong equivalent level of safety surrounding the 

proposed operations, and the significant public benefit, including enhanced safety, the grant 

ofthe requested exemption is in the public interest. Accordingly, Black & Veatch respectfully 

requests that the FAA grant the requested exemption without delay. 

PUBLIC INTEREST 

This exemption application is expressly submitted to fulfill Congress' goal in passing Section 

333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to 

consider whether certain unmanned aircraft systems may operate safely in the NAS before 

completion of the rulemaking required under Section 332 of the Reform Act. By granting an 

exemption the FAA will fulfill Congress's intent of allowing UAS to operate with significant 

safety precautions in low risk environments. 

The use of sUAS on Black & Veatch project sites can significantly reduce the risk to 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 of workplace fatality and injury (www.osha.gov). With 

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JUNE 10, 2015 I PAGE 4 

the use of the 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 of helicopters and small aircraft to 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 conventionally powered small 

aircraft. Shifting to sUAS from helicopters presents a marked safety increase for our workers 

and the public. 

Lastly, sUAS reduce the environmental impact by dramatically decreasing the energy used 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 of much heavier small 

aircraft. 

EQUIVALENT LEVEL OF SAFETY 

Black & Veatch proposes that the exemption requested herein apply to sUAS that have the 

characteristics and that operate with the limitations listed herein. These limitations provide for 

an exceptional level of safety to 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 of sight of Pilot in Command or Visual 

Observer. 

3. Maximum total flight time for each operational flight will be 2 0 minutes. Flights will be 

terminated at 20% battery power reserve should that occur prior to the 20 minute limit. 

4. Flights will normally be operated at an altitude below 200 feet AGL, never exceeding 

400 feetAGL 

5. The sUAS pilot will be trained and certified in the proper safety and operations of the 

sUAS. 

6. The sUAS will only operate within a controlled area as defined in the Appendices. 

7. The sUAS pilot will post advisory notices where people are located around the 

controlled area. 

8. A briefing will be conducted in regard to the planned sUAS operations prior to each 

day's production activities. It will be mandatory that all personnel who will be 

performing duties within the boundaries of the safety perimeter be present for this 

briefing. 

9. All onsite personnel will consent to the sUAS flyover by waiver, and the operator will 

obtain additional verbal or written consent of all persons who will be allowed within 

100 feet of the flight operation. 

10. Operator will have been trained in operation of sUAS generally and will have received 

up-to-date information on the particular sUAS to be operated as required by the 

Appendices. 

11. Written and/or oral permission from the relevant property holders will be obtained. 

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12. If the 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 capability to 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 of airworthiness 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 of an equivalent level of 

safety under Part 11 and Section 333 of the Reform Act. The Federal Aviation Act ( 49 U.S.C. 

§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from 

the requirement for an airworthiness certificate, upon consideration of the size, weight, speed, 

operational capability, and proximity to airports and populated areas of the particular sUAS. In 

all cases, an analysis of these criteria demonstrates that the sUAS operated without an 

airworthiness certificate, in the restricted environment and under the conditions proposed will 

be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with 

an airworthiness certificate without the restrictions and conditions proposed . 

. 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 by the sUAS pilot, pursuant to the 

requirements set out in the Appendices. Lastly, application of these same criteria demonstrates 

that there is no credible threat to national security posed by the sUAS, due to its size, speed of 

operation, location of operation, lack of explosive materials or flammable liquid fuels, and 

inability to carry a substantial external load. 

14 CFoR Part 27: 

This regulation sets forth the procedural requirements for airworthiness certification of normal 

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 request for exemption from 14 C.F.R. Part 21, Subpart H. 

14 CFJ~. § 45o23 

The regulation requires when marks include only the 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 

aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less 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 may be 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 of the sUAS, two-inch lettering will be impossible. The word "Experimental" will 

be placed on the fuselage in compliance with §45.29 (f). The equivalent level of safety will 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 of the 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) limit private pilots to non-commercial operation. Because the sUAS 

will not carry a pilot or passengers, the proposed operations can achieve the equivalent level of 

safety of current operations by requiring the Pilot operating the aircraft to have completed a 

sUAS flight training course as detailed in the Appendices. Unlike a conventional aircraft that 

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 operated by an autopilot, which greatly reduces 

the danger of human error. The area of operation is controlled and restricted, and all flights are 

planned and coordinated in advance as set forth in the Appendices. 

The sUAS to be operated hereunder 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 secured area as set out in the Appendices. Like other civil aircraft, operations under 

this exemption will be tightly controlled and monitored by the operator and in compliance with 

local public safety requirements. 

The risks associated with the operation of the sUAS are therefore diminished from the level of 

risk associated with commercial operations contemplated by Part 61 when drafted, and 

allowing operations of the sUAS as requested with a Pilot who has met the minimum 

requirements stated in the Appendices and achieves the level of safety contemplated by 14 

C.F.R. § 61.113 (a) & (b). 

14 CF,ft 

The regulation requires that no person may operate a civil aircraft unless it is in airworthy 

condition. As there will be no airworthiness certificate issued for the aircraft, should this 

exemption be granted, no FAA regulatory standard will exist for determining airworthiness. 

Given the size of the aircraft and the requirements contained in the Appendices for 

maintenance and use of safety check lists prior to each flight, an equivalent level of safety will 

be provided. 

14 

Section 91.9 (b) (2) provides: 

No person may operate a U.S.-registered civil aircraft ... 

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(2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, 

unless there is available in the aircraft a current approved Airplane 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 only because there is no pilot on board, but because there is no room or 

capacity to carry such an item on the aircraft. 

The equivalent level of safety will be maintained by keeping the flight manual at the ground 

control point where 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 

of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an 

exemption will be needed. An equivalent level of safety will be provided as set forth in the 

Appendices. The operator will take all actions including reviewing weather, flight battery 

requirements, landing and takeoff distances and aircraft performance data before initiation of 

flight. 

) 14 CFR 91.109: Fi 

\, 

j 

Section 91.109 provides that no person may operate a civil aircraft (except a manned free 

balloon) that is being used for flight instruction unless that aircraft has fully functioning dual 

controls. 

sUAS's and remotely control piloted aircraft, by their design do not have fully functional dual 

controls. Flight is accomplished through the use of a control box that communicates with the 

aircraft via radio communications. The FAA has approved exemptions for flight training 

without fully functional dual controls for a number of aircraft and for flight instruction in 

experimental aircraft. See Exemption Nos.5778K & 9862A. The equivalent level of safety 

provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the 

size and speed of the aircraft. 

14 CFR 91.119: n 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows 

helicopters to be operated at less than the minimums prescribed, provided the person 

operating the helicopter complies with any route or altitudes prescribed for helicopters by the 

FAA. 

As this exemption is for a sUAS that is a helicopter and the exemption requests authority to 

operate at altitudes up to 400 AGL, an exemption may be needed to allow such operations. As 

set forth herein the sUAS will never operate at higher than 400 AGL. 

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The equivalent level of safety will be achieved given the size, weight, speed of the sUAS as well 

as the location where it is operated. In addition, the low-altitude operations of the sUAS will 

ensure separation between these sUAS operations and the operations of conventional aircraft 

that must comply with Section 91.119. 

14 CFR 91.121: 

This regulation requires each person operating an aircraft to maintain cruising altitude by 

reference to an altimeter that is set " ... to the elevation of the departure airport or an 

appropriate altimeter setting available before departure." As the sUAS may not have a 

barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An 

equivalent level of safety will be achieved by the operator, pursuant to the Appendices, 

confirming the altitude of the 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 of intended landing, and, assuming normal cruising speed - (1) During the day, 

to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes." 

Given the technological limitations on the sUAS battery power means that no meaningful flight 

operations can be conducted while still maintaining a 30 minute reserve. The aircraft is battery 

powered with a maximum flight time of 30 minutes. Black & Veatch proposes that the 

maximum flight time for each operational flight will be 20 minutes. The aircraft will be safely 

landed with no less than the greater of (a) 20% battery life remaining or (b) five minutes of 

flight time remaining. 

Applicant believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior 

exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without 

compliance with FAR 91.151 (a)). Operating the small UAS, in a tightly controlled area, with less 

than 30 minutes of reserve fuel, does not create the type of risks that Section 91.151 (a) was 

intended to alleviate given the size and speed of the sUAS. 

The FAA has stated that an equivalent level of safety is provided if the sUAS flight is conducted 

under daytime VFR flight conditions using visual line of sight (VLOS), and terminated with at 

least 25% reserve battery power still available. See Grant of Exemption No. 11062, p. 21-22. 

The Appendices requires an equivalent level of safety by safely landing with no less than the 

greater of (a) 20% battery life remaining or (b) five minutes of light time remaining and 

otherwise complying with the flight restrictions above. 

14 & Ca 

The regulation provides in pertinent part: 

(a) Except as provided in§ 91.715, no person may operate a civil aircraft unless it has within it 

the following: 

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(1) An appropriate and current airworthiness certificate ... 

(b) No person may operate a civil aircraft unless the airworthiness certificate required by 

paragraph (a) of this section or a special flight authorization issued under §91.715 is displayed 

at the cabin or cockpit entrance so that it is legible to passengers or crew. 

The sUAS fully loaded weighs no more than 55 lbs. and is operated without 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 equivalent level of safety will be achieved by keeping these documents at the ground control 

point where the operator flying the sUAS will have immediate access to them, to the extent they 

are applicable to the sUAS. The FAA has issued numerous exemptions to this regulation. A 

representative sample of other 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 subpart E of this part and shall between required inspections, except as 

provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 

of this chapter ... ," and others shall inspect or maintain the aircraft in compliance with Part 43. 

Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, 

these sections will not apply to the Applicant. Maintenance will be accomplished by the 

operator pursuant to the flight manual and operating handbook as referenced in the 

Appendices. An equivalent level of safety will be achieved because the sUAS is limited in size 

and will carry a small payload and operate only in controlled areas for limited periods of time 

from no higher than 400 feet AGL.. If mechanical issues arise the sUAS can land immediately. 

As provided in the Appendices, the operator will ensure that the sUAS is in working order prior 

to initiating flight, perform required maintenance, and keep a log of any maintenance 

performed. Moreover, the operator is the person most familiar with the aircraft and best suited 

to maintain the aircraft in an airworthy condition to provide the equivalent level of safety. 

FEDERAL REGISTER PULICATION SUMMARY 

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal 

Register, should it be determined that publication is needed: 

Black & Veatch Corporation seeks an exemption from the following rules: 14 CFR Part 21 

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 unmanned aerial system (sUAS, 55 lbs. or less) for the purpose of inspection, 

monitoring, mapping and photographing equipment and 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 to personnel physically climbing structures andjor utilizing high rise 

equipment both of which create numerous and extreme risk to such personnel. In contrast, 

a sUAS weighing fewer than 55 lbs. and powered by batteries eliminates virtually all of 

that risk. The sUAS will carry no passengers or crew and, therefore, will not expose 

personnel to any of the risks described above. 

All flights will occur over private or controlled access property with the property owner's 

prior consent and knowledge. The granting of this exemption request will provide 

innovative safety operations. 

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012--size, weight, 

speed, operating capabilities, proximity to airports and populated areas and operation within 

visual line of sight - provide more than adequate justification for the grant of the requested 

exemptions allowing commercial operation of applicant's sUAS in and pursuant to the 

Procedures appended hereto. 

Sincerely, 

Ryan Baker, Director of sUAS Flight Operations 

Black & Veatch Corporation 

Enclosures 

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