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U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE 

Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act. 

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ("Reform Act") and 14

C.F.R. Part 11 BNL Technical Services, LLC (“BNL”), hereby applies for an exemption from the 

Federal Aviation Regulations (FARs) identified b elo w, to allow commercial operation of our

small unmanned aerial vehicles (sUAVs) for aerial imaging for surveying and monitoring of secured

and controlled environments, 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.

As detailed in this document and the attached Flight Manual, the requested exemption would

permit the operation of sUAVs 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 BNL at each one of its construction sites. As

described more fully below, the requested exemption would permit the operation of sUAVs by the

applicant for commercial use that would provide the following benefits:

1. Operations would be performed in an area of operation limited in size suitable to the specific

use, in advance of flight.

2. The flight would be planned in advance to minimize hazards to persons and property in the

air and on the ground.

3. The operator would reasonably limit or control access to provide safety to those not involved

in the operation.

4. Operation of a sUAVs would provide significant safety, environmental and other 

enhancements not possible by larger sized aircraft.

5. An FAA licensed airman with a private pilot certificate would operate the sUAVs or directly

supervise the operation.

6. Provide a beneficial and currently unavailable service to government organizations and the

general public that would serve the public interest.

Approval of this exemption would thereby enhance safety and 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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BNL Technical Services, LLC (BNL) is a CVE-certified Service-Disabled Veteran-Owned Small 

Business that offers contract labor, energy services and managed tasks services and intends to offer 

aerial imagery services pending approval of this exemption request. Incorporated and headquartered 

in the State of Washington, since 1999 BNL Tech has an established and documented record of 

successfully meeting the needs of our clients. The BNL Tech management team has extensive and 

proven experience working within federal, state and local governmental guidelines, directives, 

instructions and policies supporting commercial and government projects.

BNL intends to use sUAVs in support of our current contract with Washington River Protection 

Solutions BMA 49896 (see attachment A) for subsurface investigations (ground scanning), civil 

surveying, and dome deflection surveying services. Washington River Protection Solutions (WRPS) 

is the Tank Operations Contractor (TOC) at the Hanford site and these services are needed in 

support of WRPS’ prime contract with the U.S Department of Energy. The TOC operates and 

manages the Hanford 200 Area Tank Farm facilities for the U.S. Department of Energy-Office of River 

Protection (ORP).

Accurate crane route maps are required to safely move and place cranes within tank farm boundaries. 

A discrepancy in a crane route map identified a need to update tank farm route maps. Conventional 

land surveying or laser scan surveys may be required to verify actual field conditions. Other general 

purpose surveys may be necessary such as transfer line location and valve pit jumper location. This 

requires work in both radiological zones and non-radiological zones.

This is a secure site and all personnel require DOE security clearance to obtain badges for site 

access. Only authorized personnel are allowed at the site where strict safety protocols are followed.

First, BNL seeks an exemption to perform video filming and photographing by air for land surveying at 

the Tank Farms in order to provide WRPS with real time survey data and images of current site 

conditions. Satellite images are typically out dated as conditions can change on a weekly bases due 

to active construction and the cost and dangers involved in utilizing aircraft outweigh their benefit.

Second, BNL intends to employ sUAVs to inspect equipment, commercial and industrial structures 

and property at the Tank Farms. Some of this equipment is located inside radiological zones where 

strict safety requirements are followed. Utilizing our sUAVs under strict supervision of DOE personnel 

would limit the exposure and cost of personnel entering a radiological area to perform a visual 

inspection. 

Specifically, BNL intends to use sUAVs which are equipped with cameras, in order to engage in the

following commercial activities:

(a) Video filming by air and photographing to support professional operations in engineering, land 

surveying, architecture and other related professional activities involved at the Hanford site.

(b) Inspections by air of infrastructure such as electrical installations, equipment, pipes, and structures. 

These inspections will only be done under contract with WRPS and DOE.
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This exemption request is made based on the usage information outlined in this petition, as well as 

the accompanying BNL Pilot Operating Handbook Phantom 2 (attachment B), BNL Pilot Operating 

Handbook DJI S1000 (attachment C) as well as the DJI Phantom 2 users manual (attachment D) and 

the DJI S1000 users manual (attachment E). The DJI Phantom 2 sUAV was selected because it has 

a proven capability for controlled flight, a gyro stabilized flight mode, GPS aided navigation, a

compass, blinking LED’s on the bottom, a failsafe mode for returning home, and prop guards. The DJI

S1000 UAV was selected because it has a proven capability for controlled flight, a gyro stabilized 

flight mode, GPS aided navigation, a compass, and a failsafe mode for returning home. These

devices are offered for general sale to the public around the world and have often been used as

Model Radio Controlled Aircraft enthusiasts throughout the USA.

The name and address of the applicant is: 

BNL Technical Services, LLC.

Seth LeMaster, Project Manager

PH: 509-371-2570

Email: Seth@BNLtech.com

Address: 3250 Port of Benton Blvd, Richland, WA 99354

Regulations from which the exemption is requested: 14 C.F.R. Part 21, 14 C.F.R. 45.23(b), 14

C.F.R. 61.113 (a) & (b), 14 C.F.R. 91.7 (a), 14 C.F.R. 91.9 (b) (2), 14 C.F.R. 91.103, 14 C.F.R.

91.109, 14 C.F.R. 91.119, 14 C.F.R. 91.121, 14 C.F.R. 91.151 (a), 14 C.F.R. 91.203 (a) (1), 14

C.F.R. 91.405 (a), 14 C.F.R. 407 (a) (1), 14 C.F.R. 409 (a) (2), 14 C.F.R. 417 (a) & (b)
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I.STATUTORY AUTHORITY FOR EXEMPTIONS

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

authority includes exempting civil aircraft, as the term is defined under §40101 of the Act, including

sUAVs, 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 of this 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 sUAVs 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:

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

• Whether the sUAVs operates within the visual line of sight of the operator

• Whether the sUAVs operates outside of highly populated areas and away from close

proximity to airports

Reform Act §333(a). If the Secretary determines that a sUAVs "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." /d. §333(c).

BNL's sUAVs are multirotor vehicles, weighting 25 or fewer lbs. including payload. They operate

under normal conditions at a speed of no more than 50 knots and have the capability to hover, and

move in the vertical and horizontal plane simultaneously. The sUAVs 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 Flight 

Manuals. Such operations will insure that the sUAVs will "not create a hazard to users of the

national airspace system or the public." Reform Act Section 333 (b).

Given the small size of the sUAVs involved and the restricted and sterile environment within which

they will operate, our application falls squarely within the zone of safety (an equivalent level of

safety) in which Congress envisioned that the FAA must, by exemption, allow commercial

operations of sUAVs to commence immediately.

Also due to the small size of the sUAVs, the low altitudes and restricted areas in which our sUAVs

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 of the requested

exemptions is in the public interest. Accordingly, BNL respectfully requests that the FAA grant the

requested exemption without delay.
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II.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 333 of the Reform Act. By granting an exemption the FAA

will fulfill Congress's intent of allowing sUAVs to operate with significant safety precautions in low

risk environments.

The use of sUAVs on the Hanford site can significantly reduce the risk to workers from falls

and exp osu re in rad io log ica l zone s while inspecting, surveying, or monitoring site

progress. sUAVs can inspect, photograph, and collect data on hard to get to areas in radiological 

zones that otherwise would require worker inspection. Falls are the leading source of workplace

fatality and injury on construction sites and reducing falls through sUAV use for site imaging could

save workers lives.

Additionally, s UAVs could replace the use of helicopters and small aircraft to monitor sites

and provide real time imagery for site mapping. The sUAVs we propose to fly in this application are

under 25 pounds, and carry no combustible material on board, as opposed to the much larger

conventionally powered small aircraft. Shifting to sUAVs from helicopters or fixed wing 

combustion engine aircraft presents a marked safety increase for DOE workers.

Lastly, sUAVs reduce the environmental impact by dramatically decreasing the energy used

for aerial imaging and data collection over the Hanford site. Our sUAVs use rechargeable lithium

ion batteries, as opposed to fossil fuels burned in operation of small aircraft that are many hundreds

of times heavier.

III.EQUIVALENT LEVEL OF SAFETY

BNL proposes that the exemption requested herein apply to civil aircraft that have the

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

least an equivalent or even higher level of safety to operations under the current regulatory

structure because the proposed operations represent a safety enhancement to the already safe

protocols followed on construction sites and imaging and surveying operations conducted with

helicopters and other conventional aircraft.

The sUAV's planned to be operated are rotorcraft, each weighing less than 25 pounds including

t h e i r payload. They would operate, under normal conditions, at a speed of no more than 20

knots. Operations will be performed by a qualified sUAVs PIC, as outlined below, to ensure that

the sUAVs will "not create a hazard to users of the national airspace system or the public." Given

the small size of the sUAVs involved and the pre-planned environment within which they will

operate, the applicant believes that these operations fall 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 sUAVs to commence immediately. Also, operation in a secured, predefined area will prevent the possibility of a national security issue. The operation of sUAVs by
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knowledgeable professionals with experience in the NAS will serve to enhance safety, add to the

public benefit and reduce environmental impacts related to current methods of aerial photography 

and survey.

These limitations and conditions to which the operator, or it's employees, acting as sUAV PIC

agrees to be bound when conducting commercial operations under an FAA issued exemption:

1. Safety will be the first and foremost consideration in any sUAV operation.

2. sUAV pilot will be an FAA licensed airman with at least a Commercial Pilot certificate or the

sUAV pilot will be directly supervised by an FAA licensed airman with at least a Commercial

Pilot certificate.

3. The sUAV FAA licensed airman will be considered Pilot in Command (PIC) whether flying or

supervising, and will be responsible for safe operation of the flight.

4. Flights will be operated within visu a l line of sight of the PIC and/or an observer.

5. Minimum crew for each operation will consist of the sUAV PIC. An observer will be utilized if

the sUAV will be flown beyond line of sight of the PIC. The observer, if required, and PIC will

at all times be able to communicate by voice.

6. sUAV aircraft will utilize GPS navigation, failsafe, return-to-home (RTH) and/or flight abort

safety features.

7. The sUAV will weigh less than 25 lbs total.

8. Maximum total flight time for each operational flight will be 15 minutes. The sUAV calculates

battery reserve in real time, and will return to its ground station with at least 20% battery power

reserve should that occur prior to the 15 minute limit.

9. Flights will be operated at an altitude of 200 feet AGL, never exceeding 400 feet AGL.

10. The sUAV pilot will be trained in advance for the safe operation of the sUAV to be operated. 

This will include operation of the sUAV both in normal and emergency modes of operation,

and will include familiarization with the operation manual (or similar) if published by the sUAV

manufacturer. Training will also include types of maneuvers to be performed and the safe

operation in relation to persons, property and applicable airspace.

11. The sUAVs will only operate within a confined "Sterile Area" as defined in the Manual. The

Manual also requires the establishment of a "Security Perimeter" for the flight operations area.

12. Prior to a sUAV flight, an area of operation will be established. This area of operation will

include a defined lateral and vertical area, where the sUAV will operate. Safety procedures

will be established for persons, property and applicable airspace within the area of operation.

13. A briefing will be conducted in regard to the planned sUAV operations prior to operation at

each new location. All personnel who will be performing duties within the boundaries of the

area of operation will be present for this briefing.

14. All onsite personnel will consent to the sUAV flyover on site 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.

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

16. All required permissions and permits will be obtained from territorial, state, county or city

jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies.

17. If the sUAVs loses communications or loses its GPS signal, it will have capability to return to a
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pre-determined location within the Security Perimeter and land.

18. Flights will be operated under visibility and cloud clearance requirements equivalent to Visual

Flight Rules (VFR).
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Appendix A

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

BNL requests an exemption from the following regulations as well as any additional regulations that

may technically apply to the operation of sUAV's:

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. 91.203 (a)(1)

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 sUAVs to be utilized by BNL, 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 s UAVs. Our small sUAVs will be operated at low speed in a controlled environment,

at least five miles from an airport and more than three miles from any city or densely populated

area. An analysis of these criteria demonstrates that the sUAVs 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 helicopter) operating with an airworthiness

certificate without the restrictions and conditions proposed.

The sUAVs to be operated hereunder, DJI Phantom 2 and DJI S1000 multi-rotor aircraft weigh

less than 25 lbs. with payload, carries neither a pilot nor passenger, carries no explosive materials

or flammable liquid fuels, and operates exclusively within a secured and ste rile a rea . Like other

civil aircraft, operations under this exemption will be tightly controlled and monitored by the

operator, pursuant to the Manual's requirements, and under the requirements and in compliance 

with local public safety requirements, to provide security for the area of operation as is currently

done on active construction sites.

These safety enhancements, which already apply to civil aircraft operated in connection with

construction sites, provide a greater degree of safety to employees, the public and property 

owners than conventional operations conducted with airworthiness certificates issued under 14

C.F.R. Part 21, Subpart H. Lastly, application of these same criteria demonstrates that there is no

credible threat to national security posed by the sUAVs, 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 C.F.R. 45.23(b): Marking of the Aircraft

This regulation requires certain experimental, provisionally certificated aircraft, or light- sport

category aircraft to be marked with letters between 2 inches and 6 inches high "limited," "restricted,"

"light-sport," "experimental," or "provisional," near each entrance to a cabin, cockpit, or pilot station.
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Even though the sUAVs will have no airworthiness certificate, an exemption may be needed as the

sUAVs will have no entrance to the cabin, cockpit or pilot station on which the word "Experimental"

can be placed. Given the size of the sUAVs, two-inch lettering will be impossible.

The equivalent level of safety will be provided by having the sUAVs marked on its fuselage as

required by §45.29 (f) where the pilot, observer and others working with the sUAVs will see the

identification of the UAV as "Experimental." The FAA has issued the following exemptions to this

regulation: Exemptions Nos. 10700, 8738, 10167 and 10167A.

14 CFR 61.113 (a) & (b): Private pilot privileges and limitations: Pilot in command

Sections 61.113 (a) & (b) restricts private pilot certificate holders from flying aircraft for compensation 

or hire, and which would also have the effect of requiring a second class medical certificate. The 

purpose of Part 61 is to ensure the skill and competency of any PIC matches the airspace in which the 

PIC will be operating and the types of operations being flown. In this case, while the sUAVs will be 

operated as part of a commercial operation, it carries neither passengers nor cargo.

In the Grant of Exemption in FAA Docket No. FAA-2014-0352, the FAA determined that the unique 

characteristics of UAV operation outside of controlled airspace did not warrant the addition cost and 

restrictions attendant with requiring the PIC to have a commercial pilot certificate and class II medical 

certificate.

The equivalent level of safety can be achieved by BNL employing a licensed private pilots as PIC for 

their operation. Unlike a conventional aircraft that carries the pilot and passengers, the UAVs is

remotely controlled with no living thing or cargo on board. Aerial surveys and inspections will occur 

in controlled and restricted areas, and all flights are planned and coordinated in advance as set forth

in the Manual and all of the property or structures are owned and operated by the same entity. As a 

result, the operation has no substantial impact on any third persons not involved in the inspection. In 

addition, the UAV does not need to be operated in close proximity to persons and vehicles. The risks

associated with the operation of the UAVs are so diminished from the level of risk associated with

commercial operations contemplated by Part 61 when drafted, that allowing operations of the UAVs

as requested with a pilot who has met the minimum requirements stated in Section F of the Manual

exceeds the present level of safety achieved by 14 C.F.R. §61.113 (a) & (b).

14 C.F.R. 91.7 (a): Civil aircraft airworthiness

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. 

The equivalent level of safety will be maintained given the size of the aircraft and the requirements

contained in the Manual for maintenance and use of safety checklists prior to each flight. The DJI

Phantom 2 and S1000 both have stellar safety records, demonstrating that the sUAV is airworthy. The

FAA has issued the following exemptions to this regulation: Exemption Nos. 8607,

8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700.
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14 CFR 91.9 (b)(2) Civil aircraft flight manual, marking, and placard requirements.

This regulation provides that no person may operate an aircraft unless a current, approved flight

manual is in the aircraft. The intent of this requirement is to ensure that flight manual information is

available to the aircrew while operating the aircraft. We request an exemption to this requirement since

the sUAVs, 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 achieved by keeping the flight manual at the ground control

point where the pilot flying the sUAVs will have immediate access to it. The FAA has issued the

following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565,

9565B, 10167, 10167A, 10602, 32827, and 10700.

14 C.F.R. 91.103: Preflight Action

Petitioner seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to become familiar with 

specific information before each flight, including information contained in the FAA-approved Flight 

Manual on board the aircraft. While the PIC will be familiar with all information necessary to safely

conduct the flight, an exemption is requested to the extent that an FAA-approved Flight manual is 

required on board the aircraft.

An equivalent level of safety will be provided by following the Aircraft Operations Manual. The PIC will

take all required preflight actions - including reviewing weather, flight battery requirements, landing and 

takeoff distance, and aircraft performance data - before initiation of flight. The Aircraft Operations 

Manual will be kept at the ground station with the operator at all times.

14 CFR 91.109 Flight instruction; Simulated instrument flight and certain flight tests

Section 91.103 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. By

design, sUAVs and remotely piloted aircraft do not have fully functional dual controls. Flight control

is accomplished through the use of a control box that communicates with the aircraft via radio

communications.

The equivalent level of safety provided by the fact that neither a pilot nor passengers will be carried

in the aircraft, the ability to control the sUAVs via radio signals from the controller, and by the size

and speed of the aircraft. The FAA has previously approved exemptions for aircraft without fully

functional dual controls. See Exemption Nos.5778K & 9862A.

14 CFR 91.119 Minimum safe altitudes: General.

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. This

exemption is for a multirotor craft that flies similarly to a helicopter, with vertical take-off and vertical

landing, which will typically operate at altitudes of 200 AGL, so an exemption may be needed to
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allow such operations. The sUAVs will never operate at altitude higher than 400 AGL and will be in

a restricted area with security perimeter, where buildings and people will not be exposed to

operations without their pre-obtained consent. See Manual for detailed procedures.

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

as the location where it is operated. No flight will be taken without the permission of the property

owner or local officials. Because of the advance notice to the property owner and any onsite

personnel as outlined in the Manual, all affected individuals will be aware of the planned flight

operations. Compared to flight operations with aircraft or rotorcraft weighting far more than the

maximum 25 lbs. proposed herein and carrying flammable fuel, any risk associated with our

operations is far less than those presently presented with helicopters and other conventional 

aircraft operating at or below 500 AGL in the construction industry. 

In addition, the low-altitude operations of the sUAVs will ensure separation between these sUAV

operations and the operations of conventional aircraft that must comply with Section 91.119.

Finally, the successful safety record of the DJI Phantom 2 and S1000 demonstrates that the sUAVs 

can be safely used at these lower altitudes and closer operating environments. We believe the slower

speed, smaller mass and careful pre-planning would provide an equivalent level of safety.

14 CFR 91.121 Altimeter settings.

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 sUAVs may not have a barometric altimeter, but instead

a GPS altitude read out, an exemption is required.

An equivalent level of safety will be achieved by the operator, pursuant to the Manual and Safety

Check list, confirming the altitude of the launch site shown on the GPS altitude indicator before

flight. Moreover, the PIC will use the GPS altitude indicator to constantly monitor the sUAV's height,

thus ensuring operation at safe altitudes.

14 CFR 91.151 Fuel requirements for flight in VFR conditions.

Section 91.151 (a) outlines fuel requirements for beginning a flight in VFR conditions. Our sUAVs is

limited to operations in sterile and controlled environments as outlined in the Manual, and has a

limited range and flight time which require an exemption from 14 CFR 91.151(a).

We feel the intention of this paragraph it to provide a reasonable reserve of energy to plan for a

safe landing should there be a delay in landing. The close proximity to the ground station, the

ability for both rotorcraft and small fixed wing aircraft to land in a very small space and the built in

energy level monitoring of the sUAV we feel provide an equivalent level of safety if the flight is 

planned to be completed with 20% battery energy remaining.

BNL 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 sUAVs, in a tightly controlled area where only people and property
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CONTRACT ENGINEERING & TECHNICAL CONSULTING

a Service-Disabled Veteran-Owned Small Business

3250 Port of Benton Blvd, Suite D  Richland, WA 99354  Telephone (509) 371-2570 Fax (509) 371-2580  Email info@bnltech.com

owners or official representatives who have signed waivers will be allowed, with less than 30

minutes of reserve fuel, does not engender the type of risks that Section 91.151(a) was intended to

alleviate given the size and speed of the sUAVs. Additionally, limiting sUAVs flights to 15 minutes

would greatly reduce the utility for which the exemption will be granted.

An equivalent level of safety can be achieved by limiting flights to 15 minutes, or enough battery

reserve to ensure that the sUAVs land at the ground station with at least 20% of battery power (as

determined by the onboard monitoring system and the pilot), whichever happens first. This

restriction would be more than adequate to return the sUAVs to its planned landing zone from

anywhere in its limited operating area. Moreover, operation will be limited to controlled areas where

only people and property owners, or official representatives who have signed waivers will be allowed.

Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745,

10673, and 10808.

14 CFR 91.203 (a) & (b): Carrying civil aircraft certification and registration

The regulation provides in part:

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

the following:

(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 sUAVs fully loaded weighs no more than 25 lbs and is operated without an onboard pilot.

Therefore there is no ability or place to carry certification and registration documents or to display

them on the sUAVs.

An equivalent level of safety will be achieved by keeping these documents at the ground flight control

point where the pilot flying the UAVs will have immediate access to them, to the extent they are

applicable to the sUAVs.

The FAA has issued numerous exemptions to this regulation. A representative sample of other

exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.

14 CFR Subpart E (91.401 - 91.417) - Maintenance inspections

The regulation provides that the operator is primarily responsible for maintaining the aircraft in an

airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require

that the aircraft be "approved for return to service by a person authorized under 43.7" after

maintenance and inspection. It is our intention that the PIC perform maintenance and inspection of the

aircraft and "be authorized to approve the aircraft for return to service."

An equivalent level of safety will be achieved because prior to every flight, the PIC will inspect the aircraft
www.bnltech.com

CONTRACT ENGINEERING & TECHNICAL CONSULTING

a Service-Disabled Veteran-Owned Small Business

3250 Port of Benton Blvd, Suite D  Richland, WA 99354  Telephone (509) 371-2570 Fax (509) 371-2580  Email info@bnltech.com

to ensure that it is in an airworthy condition. Any general maintenance procedures or replacement of

consumable items outlined by the sUAV manufacturer, if applicable, will be complied with by the PIC. 

In no circumstance will a sUAV be operated in a condition that is deemed, or suspected to be, unsafe. 

If such a determination is reached, and the problem cannot be remedied to the satisfaction of the PIC,

the sUAV will not be operated until consulting with the manufacturer or one of it's authorized dealers to

complete necessary repairs. We feel that due to the size, construction, and simplicity of the aircraft, the

PIC can ensure an equivalent level of safety.

8900.227 Paragraph 16(c)(4) PIC Medical and Paragraph 16(e)(1) Observer

Medical.

This policy provides that both the PIC and observer must have a valid FAA second-class medical

certificate issued under part 67 in order to perform as a pilot or observer. Requiring the crew to meet

the same medical requirements as a commercial pilot carrying passengers in a large aircraft is an

unnecessary burden.

We propose that the minimum medical requirements be vision corrected to 20/20 and a valid, stateissued driver's license. The risk of both the PIC and observer becoming incapacitated at the same

time and suddenly is very low. Further, since the sUAV is operating close to the ground, it could be

brought in for landing in a very short time if incapacitation was suspected. Finally, our sUAV's are

equipped with an automatic return to home feature which would provide a final level of safety. We feel

this would provide an equivalent level of safety.

Federal Registry 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:

BNL Technical Services, LLC, seeks an exemption from the following rules:

14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b);14 C.F.R. §§ 61.113( a) & (b);91.7 (a); 91.9 (b)

(2);91.103(b);91.109; 91.119; 91.121; 91.151(a);91.203(a) and (b); 91.405 (a); 91.407 (a) (1);

91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small unmanned

vehicle (55lbs or less) in construction operations.

Approval of exemptions allowing commercial operations of UAVs to conduct aerial surveys and 

inspections enhances safety while reducing risk. Manned aircraft monitoring and surveying creates

a greater risk because the craft are much larger, have combustible fuel, and carry an onboard

human pilot. In contrast, a sUAVs weighing fewer than 25 lbs. and powered by batteries eliminates

virtually all of that risk given the reduced mass and lack of combustible fuel carried on board. The

sUAV is transported to the designated survey area set up. It is not flown from an external location to 

the work-site. The sUAVs will carry no passengers or crew and, therefore, will not expose them to

the risks associated with manned aircraft flights

The operation of sUAVs, weighting less than 25 lbs., conducted in the strict conditions outlined

above, will provide an equivalent level of safety supporting the grant of the exemptions requested

herein, including exempting the applicant from the requirements of Part 21 and allowing commercial
www.bnltech.com

CONTRACT ENGINEERING & TECHNICAL CONSULTING

a Service-Disabled Veteran-Owned Small Business

3250 Port of Benton Blvd, Suite D  Richland, WA 99354  Telephone (509) 371-2570 Fax (509) 371-2580  Email info@bnltech.com

operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a sterile

environment and, as a result, are far safer than conventional operations conducted with turbine

helicopters operating in close proximity to the ground and people.

Privacy

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

consent and knowledge. Images taken will be of individuals who have also consented to being

filmed or otherwise have agreed to be in the area where aerial photography will take place.

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 and national security -provide more than adequate justification for the grant of the requested

exemptions allowing commercial operation of applicant's UAVs in construction industry pursuant to

the Manual appended hereto.