February 2, 2016 U. S. Department of Transportation Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590

Via Electronic Comment Submission

Re: Exemption Request Under S ection 333 of the FAA Modernizatio n and Reform Act of 2012 and Part 11 of the Feder al Aviation Regulations fro m 14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b); 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) and (b); 14 C.F.R. 61.315(a); 14 C.F.R . 91.7(a); 14 C.F.R. 91.9(b)(2); 14 C.F.R. 103; 14 C.F.R. 109; 14 C.F.R. 91.1 19; 14 C.F.R. 91.121; 14 C.F.R. 91.151(a); 14 C .F.R. 203; 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); and 14 C.F.R. 91. 417(a) and (b).

Dear Sir or Madam:

Pursuant to Section 333 of the F AA Modernization and Reform Act of 2012 (the “Reform Act”) and 14 C.F.R. Part 11, PCL Construction Enterpris es, Inc., a construction and design/build company, hereby a pplies, on behalf of itself a nd its United States subsidiaries (“PCL”), for an exe mption from the listed Federal Aviation Regulations (“FARs”) to allow commercial ope ration of its Small Unmanned Ai rcraft Systems (“sUAS”) for aerial imaging, s afety, and monitoring of secured and controlled environment construction sites, s o long as such operations are conducted within and under the conditions outlined herein or as may be established b y the FAA as required by Section 333.

As detailed in this document and t he attached Flight Manual, th e requested exemption would permit the opera tion of sUAS under controlled c onditions in airspace that is 1) limited 2) predeter mined 3) controlled as to access and 4) would provide safety enhancements to the already best pr actices safety protocols fol lowed by PCL at each one of its construction sites. Approva l of this exemption would the reby enhance safety and fulfill the Secretary of Transpor tation’s (the FAA Administrato r’s) responsibilities to “...establish requirements for the safe operation of such aircr aft systems in the national airspace system.” Section 333(c) of the Reform Act.

The name and address of the applicant is:

PCL Construction Ent erprises, Inc. Nick Kurth, Manager , Virtual Construction 2000 South Colorado Blvd Tower Two Ste 2-500 Denver, CO 80222 303-365-6500 njkurth@pcl.comPCL	Construction	Enterprises,	Inc. Request	for	Exemption	Under	Section	333	of	the FAA	Modernization	and	Reform	Act	of	2012

2 I. REGULATIONS FROM WHICH THE EXEMPTION IS REQUESTED:

 14 C.F.R. Part 21,

 14 C.F.R. 45.23(b),

 14 C.F.R. 61.23(a) and (c),

 14 C.F.R. 61.101(e)(4) and (5),

 14 C.F.R. 61.113(a) and (b),

 14 C.F.R. 61.315(a),

 14 C.F.R. 91.7(a),

 14 C.F.R. 91.9(b)(2)

 14 C.F.R. 103,

 14 C.F.R. 109,

 14 C.F.R. 91.119,

 14 C.F.R. 91.121,

 14 C.F.R. 91.151(a),

 14 C.F.R. 203,

 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), and

 14 C.F.R. 91.417(a) and (b).

II. STATUTORY AUTHORITY FOR EXEMPTIONS
The Federal Aviation Act expressl y grants the FAA authority to issue exemptions. This statutory authority include s exempting civil aircraft, as the term is defined under §40101 of the Act, including sUAS, fro m the requirement that al l 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 s ections 44702-44716 of this title if the Administrator fi nds the exemption in the public in terest. 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 dete rmining whether sUAS may operate in the Nationa l Airspace System (NAS) without creating a hazard to the user, the public, or a thr eat to national security. If the Secretary determines that a sUAS “may operate safely in the na tional airspace system, the S ecretary shall establish requirements for the safe operati on of such aircraft in the nat ional airspace system.” Id

. §333(c).
PCL’s proposed sUAS (the “Proposed sUAS”) are multirotor vehicl es, weighing 10 or fewer lbs. including payload. They will operate under nor mal conditions at a speed of no more than 40 mph and have the capability to hover, and mo ve in the vertical and horizontal plane simultaneously. The Proposed sUAS will operate only in the Pilot’s line of sight and will operate only w ithin the PCL controlled projec t sites. Such operationsPCL	Construction	Enterprises,	Inc. Request	for	Exemption	Under	Section	333	of	the FAA	Modernization	and	Reform	Act	of	2012

3 will insure that the sUAS will “ not create a hazard to users of the national airspace system or the public.” Id. §333(b).

Given the small size of the P roposed sUAS involved and the res tricted and sterile environment within which they w ill operate, our application fal ls squarely within the zone of safety (an equivalent l evel of safety) in which Congres s envisioned that the FAA must, by exemption, allow commerci al operations of sUAS to comm ence immediately. Also due to the small size of t he Proposed sUAS and the low alt itudes and restricted areas in which the sUAS will operate, app roval of the application pre sents no national security issue.
The grant of the requested exemp tions is in the public interest given the clear direction in § 333 of the Reform Act and the authority containe d in the Federal Aviation Act, as amended, the strong equiva lent level of safety surround ing the proposed operations, and the significant public benefit, including enhan ced safety. Accordingly, PCL respectfully requests that t he FAA grant the requested exem ption without delay.

III. PUBLIC INTEREST
This exemption application is expressly submitted to fulfill C ongress’ goal in passing Section 333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to consider wheth er certain unmanned aircraft sy stems may operate safely in the NAS before completion of the rulemaking required under S ection 332 of the Reform Act. By granting an exemption the FAA will fulfill Congr ess’s intent of allowing UAS to operate with significant safety precautions in low risk environments.
The primary goal of the requested exemption is to reduce the ri sk of constructionrelated accidents while insp ecting, surveying, and monitoring a construction site, including inspections of roof tops , industrial sites, bridges, and other areas of construction that are otherwis e inaccessible or can only be acc essed with specialized equipment and at greater risk.

The use of sUAS on a construction site can significantly reduce the risk to workers of falls while inspecting, surveying, or monitoring sit e progress. sUAS can inspect, photograph, and collect da ta on hard to get to areas t hat otherwise would require worker inspection. Falls are a leading source of workplace fata lity and injury on construction sites 1 , and reducing falls through sUAS use for site imaging could sa ve workers’ lives.
Additionally, sUAS could replace th e use of helicopters and sma ll aircraft to monitor sites. The Proposed s UAS are less than ten pounds, and carry no combustible material on board, as opposed to t he much larger conventionally powered small aircraft. Shifting to sUAS from helicopters presents a marked safety incr ease for our workers and the public.

1 “Commonly	Used	Statistics”,	Occu pational	Safety	&	Health	Admin istration.	Available	at: https://www.osha.gov/osh stats/commonstats.html.PCL	Construction	Enterprises,	Inc. Request	for	Exemption	Under	Section	333	of	the FAA	Modernization	and	Reform	Act	of	2012

4 Lastly, sUAS reduce the environmental impact by dramatically d ecreasing the energy used for aerial imaging a nd data collection over a const ruction site. The Proposed sUAS use rechargeable lithium ion batteries, as opposed to foss il fuels burned in operation of small aircraft that are many hundreds of times hea vier.

IV. EQUIVALENT LEVEL OF SAFETY
PCL proposes that the exemption r equested herein apply to sUAS that have the characteristics and that operat e with the limitations listed he rein. These limitations provide for at least an equivale nt or even higher level of safe ty to operations under the current regulatory structure because the proposed operations re present a safety enhancement to the already safe protocols followed on construct ion sites and imaging and surveying operations conducte d with helicopters and other conve ntional aircraft.
PCL will be bound by the following limitations when conducting its sUAS operations under an FAA issued exemption:

1. The sUAS will weigh less than 10 pounds.
2. Flights will be operate d within visual line of sight of a pilot

. 3. Maximum total flight time for each operational flight will be 3 0 minutes. The UAS calculates battery reserve in real time, and will return to its ground station with at least 25% battery power reserve shou ld that occur prior to the 30 minute limit.
4. Flights will normally be operate d at an altitude of 200 feet AG L, never exceeding 400 feet AGL.
5. sUAS shall not operate within 5 miles of an airport unless PCL has received prior approval of the airport’s manag ement or has otherwise obtained approved through a certificate of waiver or authorization (COA).
6. sUAS shall not operate within 2 m iles of a heliport with a publ ished instrument flight procedure unless otherwise approved under a COA.
7. Crew for each operation will cons ist of the sUAS Pilot who will keep the sUAS within his visual line of sight at all times.
8. The sUAS Pilot will be train ed in flight, operations, and safet y procedures as detailed in the Flight Manual.
9. The sUAS will only operate within a confined “Sterile Area” as defined in the Flight Manual. The Flight Manual also req uires the establishment of a “Security Perimeter” for the flight operations area.
10. A briefing will be conducted in re gard to the planned sUAS oper ations prior to each day’s production activities. It will be mandatory that all pers onnel who will be performing duties within the bound aries of the safety perimeter be present for this briefing.
11. All onsite personnel will consen t to the sUAS flyover on site b y waiver, and the operator will obtain additional ve rbal or written consent of al l persons who will be allowed within 100 feet of th e flight operation.
12. Pilot will have been trained i n operation of sUAS generally and received up-to-date information on the particular s UAS to be operated as required b y the Flight Manual.
13. Written and/or oral permission from the relevant property holde rs will be obtained.PCL	Construction	Enterprises,	Inc. Request	for	Exemption	Under	Section	333	of	the FAA	Modernization	and	Reform	Act	of	2012

5 14. All required permissions and permits will be obtained from terr itorial, state, county or city jurisdictions, including lo cal law enforcement, fire, or o ther appropriate governmental agencies.
15. If the sUAS loses communications or loses its GPS signal, it wi ll have capability to reduce its hover thrott le and enter into a controlled descent.

V. EXPLANATION OF APPLICABLE REGULATIONS

14 CFR Part 21, Subpart H: Airworth iness 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 limite d operating area associated with the aircraft to the be utilized by PCL, an exemption from Part 21, Subpart H meets the requirements of an equivalent level of safet y under Part 11and Section 333 of the Reform Act.
The Proposed sUAS weigh between 2.8 and 7.7 pounds, fully loade d, and does not carry a pilot, passengers, e xplosive materials or flammable liquid fuels. Additionally, it is equipped with a Flight Lim itation System, which uses GPS to designate "No Fly Zones" within 5 miles of airports . The Proposed sUAS also has a height and distance setting, so the sUAS will not ex ceed 400 feet AGL. Like other c ivil aircraft, operation of the Proposed sUAS will be controlled and monitored by the opera tor in accordance with the requirements of the appli cable user manuals, and the operat or will keep the sUAS within visual line of sight ins ide the established boundaries o f the construction site. Additionally, the operation of the Proposed sUAS will be in com pliance with local public safety requirements, as are cu rrently required on PCL’s active construction sites.
These safety enhancements, whic h already apply to civil aircraf t operated in connection with construction sites , provide a gre ater degree of safety to the public and property owners than conventiona l operations conducted with air worthiness certificates issued under 14 C.F.R. P art 21, Subpart H.

14 C.F.R. 45.23(b): Mark ing of Aircraft
This regulation requires certa in experimental, provisionally ce rtified aircraft, or light sport category aircraft to be marked, with letters betwee n 2 inches and 6 inches high "limited", "restricted", "light-s port", "experimental", or "pro visional", near each entrance to a cabin, cockpit or pilot station.
Even though the Proposed sUAS will have no airworthiness certif icate, an exemption may be needed as the UAS will have no entrance to the cabin, cockpit, or pilot station on which the word "Experi mental" can be placed. Given t he size of the Proposed sUAS, two inch lettering will be impossible.PCL	Construction	Enterprises,	Inc. Request	for	Exemption	Under	Section	333	of	the FAA	Modernization	and	Reform	Act	of	2012

6 14 C.F.R. 61.23(a) and (c): Medical Certificates: Requirements and Duration
This regulation requires pilots to hold at least third-class me dical certificates when exercising the privileges of a private or recreational pil ot, and requires pilots to hold either a medical certificate or U.S. driver’s license when exercising the privileges of a sport pilot in a light-sport a ircraft other than a glider or balloon. The FAA has previously acknowledged in prio r grants of exemption under Sect ion 333 that a Pilot in Command (PIC) only needed either a private sport, recreational, private, commercial, or airline transport pilot certificate and either a current FAA ai rman medical certificate or a valid U.S. driver’s license issue d by a state, the District of Columbia, Puerto Rico, a territory of the U.S., a possessi on of the U.S., or the Federal government.

14 C.F.R. 61.101(e)(4) and (5): Re creational Pilot Privileges a nd Limitations And
14 C.F.R. 61.315(a): What are the Pr ivileges and Limits of My S port Pilot Certificate?
The above mentioned subsections pr ohibit recreational pilots fr om acting as a pilot for compensation or hire o r in furtherance of a business. The FAA has previously acknowledged in prior grants of exemption under Section 333 tha t recreational pilots could serve as a PIC of a sUAS f or compensation or hire or in f urtherance of a business.
See Grant of Exemptions Nos. 11469, 11676, 12499, 13094, 13452, 13 729, and 13923.

14 CFR 61.113 (a) & (b): Private p ilot privileges and limitatio ns: Pilot in command
Section 61.113 (a) & (b) limits priv ate pilots to non-commercia l operations. Because the sUAS will not carry a pilot or passengers, the prop osed operations can achieve the equivalent level of s afety of current operations by requiring the Pilot operating the aircraft to (1) ha ve accumulated and logged suffi cient hours as a sUAS pilot of a multi-rotor sUAS to demons trate the ability to safely oper ate the sUAS in a manner consistent with FAA regulations a nd (2) hold at l east a Sport P ilot certificate. The FAA has previously acknowledged i n prior grants of exemption under Section 333 that a commercial pilot’s certificate was not necessary to operate a s UAS, but that the FAA could not waive the requirement for an FAA-issued pilot’s licen se. A minimum of a Sport Pilot certificate addresse s the FAA’s requirement that th e Pilot in command have the requisite training and unders tanding of the National Airspa ce System, and also ensures that the Pilot is registered with the FAA and will not pose a risk to national security.

Unlike a conventional aircraft t hat carries the pilot and passe ngers, the sUAS is remotely controlled with no huma ns or cargo on board. PCL’s Pr oposed sUAS are also operated by an autopilot, which gr eatly reduces the danger of h uman error. The area of operation is controlled and restr icted to hard hat areas, and a ll flights are planned and coordinated in advance as set f orth in the Flight Manual.PCL	Construction	Enterprises,	Inc. Request	for	Exemption	Under	Section	333	of	the FAA	Modernization	and	Reform	Act	of	2012

7 The sUAS to be operated hereunder is less than 10 lbs. fully lo aded, carries neither a pilot nor passenger, c arries no explosive materials o r flammable liquid fuels, and operates exclusively within a secured area as set out in th e Flight Manual. Like other civil aircraft, operations under this exemption will be tightly controlled and monitored by the operator, pursuant to the Flig ht Manual’s requirements, and under the requirements and in compliance with local publ ic safety requirements, to pro vide security for the area of operation as is currently done on active construction sites.

The risks associated with the operation of the sUAS are therefo re diminished from the level of risk associated wit h commercial operations contemp lated by Part 61 when drafted, and allowing operations of the sUAS as requested with a Pilot who has met the minimum requirements stated in t he Flight Manual achieves the l evel of safety contemplated by 14 C.F.R. §61.113 (a) & (b).

14 CFR 91.7 (a): Civil Aircraft Worthiness
The	regulation	requires	that	no person	may	operate	a	civil	airc raft	unless	it	is in	airworthy	condition.	As	there will	be	no	airworthiness	certi ficate	issued	for	the Proposed	sUAS,	should	this	exemption	be	granted,	no	FAA	regulat ory	standard	will exist	for	determining	airworthin ess.	Based	on	the	size	of	the	p roposed	sUAS,	the Flight	Environment	Requirements	a nd	Preflight	Checklist,	an	equ ivalent	level	of safety	will	be	provided.

14 CFR 91.9 (b) (2): Civil Aircraft Flight Manual, Marking and Placard Requirements
Given	its	size	and	configuration ,	the	Proposed	sUAS	does	not	ha ve	a	place	to carry	its	Flight	Manual,	and	ther e	is	no	pilot	on	board	so	havi ng	a	flight	manual	on the	Proposed	sUAS	serves	no	purpose.

The	equivalent	level	of	safety	will	be	maintained	by	keeping	th e	Flight Manual	and	DJI	User	Manuals	at	t he	ground	control	point	where	t he	operator	will	be flying	the	Proposed	sUAS.	Accord ingly,	the	operator	will	have	i mmediate	access	to the	DJI	User	Manual	and	Flight	Ma nual.	The	FAA	has	issued	exemp tions	to	this regulation	for	other	constru ction	management	firms. See Grant of Exemptions Nos. 11469, 11676, 12499, 13094, 13452, 13729, and 13923.

14 C.F.R. 91.103: Preflight Action
This regulation requires each PIC take certain actions before f light to ensure the safety of flight. An exemption is n eeded from this requirement as the PIC will take separate preflight actions, inc luding checking for weather cond itions, checking flight battery requirements, checking t akeoff and landing distances, a nd all other actions in the Preflight Checklist in the Flight Manual. These actions will pr ovide an equivalent level of safety.PCL	Construction	Enterprises,	Inc. Request	for	Exemption	Under	Section	333	of	the FAA	Modernization	and	Reform	Act	of	2012

8 14 CFR 91.109: Flight Instruction
Section 91.109 provides that no pers on may operate a civil airc raft (except a manned free balloon) that is be ing used for flight instruction unless that aircraft has fully functioning dual controls. The P roposed sUAS is a quadrotor wit h a built in Flight Control System with integrated g imbal and camera. Flight contro l is accomplished through use of a remote controlle r, a wireless communication de vice that communicates with the aircraft via radio co mmunications. Therefore, there is no dual control, and an equivalent level of safety i s achieved through bu ilt-in safety measures, including but not limited to, a programmed return should the connection with the remote be lost. The FAA has previously approved exempti ons for aircraft without fully f unctional dual controls. Therefore, the equivalent level of safety is provided with the Proposed sUAS, because no pilots or passengers will be carried in the aircraft, and the a bility to control the Proposed sUAS via radio signals from the controller.

14 C.F. R. 91.119: Minimum Safe Altitudes
Section 91.119 establishes safe altitudes for operation of civi l aircraft. Section 91.119 (d) allows helicopters to be operated at less than the m inimums prescribed, provided the person operating the he licopter 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, wit h vertical takeoff and vertical l anding, which will typically operate at altitudes of 200 AGL, so an exemption may be needed to allow such operations. The Proposed sUAS will never operate at altitude hi gher than 400 AGL and will be in a restricted area w ith security perimeter, where bui ldings and people will not be exposed to operations without their pre-obtained consent. See t he Flight Manual for detailed procedures.

The equivalent level of safety will be achieved given the size, weight, speed of the Proposed sUAS as well as the lo cation where it is operated. No flight will be taken without the permission of the prope rty owner or local officials . Because of the advance notice to the property owner a nd any onsite perso nnel as outlin ed in the Flight Manual, all affected individuals will be aware of the planned flight op erations. Unlike flight operations with aircraf t or rotorcraft weighing far more than t he maximum 10 lbs. proposed herein, our sUAS will not carry flammable fuel. In ad dition, the low-altitude operations of the sUAS will ensure separation between sUAS oper ations and the operations of conventional aircra ft that must comply with Secti on 91.119.

14 C.F.R. 91.121: Altimeter Settings
This regulation requires each pe rson operating an aircraft to m aintain cruising altitude by reference to an altim eter that is set “...to the el evation of the depa rture airport or an appropriate altimeter setti ng available before departure. ” As the sUAS may not have a barometric altimeter, but instead a GPS altitude read ou t, an exemption may be needed. An equivalent level of safety will be achieved by the o perator, pursuant to the Preflight Check list, confirmi ng the altitude of the launch sit e shown on the GPS altitudePCL	Construction	Enterprises,	Inc. Request	for	Exemption	Under	Section	333	of	the FAA	Modernization	and	Reform	Act	of	2012

9 indicator before flight.

14 CFR 91.151 (a): Fuel Requirements for Flight in VFR conditio ns Section 91.151 (a) outlines fuel re quirements for beginning a f light in VFR conditions. Our sUAS is limited t o operations in sterile and co ntrolled environments as outlined in the Flight Manual, and has a limited range and flig ht time which require an exemption from 14 CFR 91.151(a).

Battery powering the sUAS provide s approximately 15-30 minutes of powered flight. The Proposed sUAS would n ot be able to meet the 30 minu te reserve requirement in 14 CFR §91.151. Given the limitations on the sUAS’s proposed flight area and the location of its proposed operations within a predetermined area , a longer time frame for flight in daylight or night VFR conditions is reasonable.

PCL believes that an exempti on from 14 CFR §91.151(a) falls wit hin the scope of prior exemptions. Operating the s mall sUAS, in a tightly contro lled area where only people and property owners or offi cial representatives who have signed waivers will be allowed, with less than 30 minut es of reserve fuel, does not en gender the type of risks that Section 91.151(a) was intende d to alleviate given the size and speed of the small UAS.

An equivalent level of safety can be achieved by limiting fligh ts to the time it takes to reach 25% battery power (as determined by the onboard monitoring system and the PIC). This restriction woul d be more than adequate to retur n the sUAS to its planned landing zone from anywhere i n its limited operating area.

14 CFR 91.203 (a) and (b): Carrying C ivil Aircraft Certificatio n 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 air worthiness certificate ...
(b) No person may operate a civil a ircraft unless the airworthi ness certificate required by paragraph (a) of this section or special flight aut horization issued under 91.715 is displayed at the cabin or cockpit entrance so t hat it is legible to

passengers or crew. The Proposed sUAS weighs less than ten pounds. It does not have a cabin or cockpit, and it is operated by r emote control without an onboar d pilot. Therefore, there is no ability to carry cer tification and regis tration documents on board.
An equivalent level of safety w ill be achieved by having the DJ I User Manual at the ground with the operator of the Proposed sUAS. This will al low the operator to have immediate access to the DJI User Manual should it be needed dur ing operation of the Proposed sUAS.PCL	Construction	Enterprises,	Inc. Request	for	Exemption	Under	Section	333	of	the FAA	Modernization	and	Reform	Act	of	2012

10 14 CFR 91.405 (a); 407 (a)(1); 409 (a)(2); 417 (a) & (b): Maint enance Inspections
These regulations require that an aircraft operator or owner “s hall have that aircraft inspected as prescrib ed in subpart E of this part and shall between required inspections, except as provided i n paragraph (c) of this sectio n, have discrepancies repaired as prescribed in pa rt 43 of this chapter...,” and othe rs shall inspect or maintain the aircraft in compliance with Part 43.

Given that these sections and P art 43 apply only to aircraft wi th an airworthiness certificate, these sections do not apply to sUAS. Maintenance w ill be accomplished by the operator pursuant to the Fli ght Manual and DJI User Manuals . An equivalent level of safety will be achieved because these small sUAS are very limit ed in size and will carry a small payload and operate only in re stricted areas for limited periods of time. If mechanical issues arise the sUAS can land immediately and will be operating from no higher than 400 feet AGL. As provi ded in the Flight Manual, the PIC will ensure that the sUAS is in working order prior to initiating flight, perform re quired maintenance, and keep a log of any maintenance pe rformed. Moreover, the PIC is t he person most familiar with the aircraft and best suite d to maintain the aircraft in a n airworthy condition to provide the equivalent level of safety.

VI. Publication in the Federal Register
Pursuant to 14 C.F.R. Part 11, th e following summary is provide d for publication in the Federal Register, should it be determined that publicati on is needed:

Applicant, PCL Construction Enter prises, Inc., seeks an exempti on from the following rules: 14 C.F.R. §21, s ubpart H; 14 C.F.R 45.23(b); 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) and (b) ; 14 C.F.R. 61.315(a); 14 C.F.R. 91.7(a); 14 C.F.R. 91.9(b)(2); 14 C.F.R. 103; 14 C.F. R. 109; 14 C.F.R. 91.119; 14 C.F.R. 91.121; 14 C.F.R . 91.151(a); 14 C.F.R. 203; 1 4 C.F.R. 91.405(a); 14 C.F.R. 91.407(a)(1); 14 C.F.R . 91.409(a)(1) a nd (2); and 14 C.F.R. 91.417(a) and (b) to operate commercially small unmanned aircraft systems (55 lbs or less) in construction operations.

VII. Conclusion
Approval of exemptions allowing c ommercial operations of sUAS i n the construction industry enhances s afety while reducing risk. Mann ed aircraft monitoring and surveying creates a greater risk because the craft are much larger, have combustible fuel, and carry an onboard human pilo t. In contrast, a sUAS wei ghing fewer than 10 lbs. and powered by batteries eliminates v irtually all of that risk given the reduced mass and lack of combustible fuel carried on board. The sUAS will carry no passengers or crew and, therefore, will not expose them to the risks associated wi th manned aircraft flights.

The operation of small sUAS, weighing less than 10 lbs., conduc ted in the strict conditions outlined above, will provide an equivalent level of safety supporting the grant of the exemptions requested here in, including exempting the app licant from thePCL	Construction	Enterprises,	Inc. Request	for	Exemption	Under	Section	333	of	the FAA	Modernization	and	Reform	Act	of	2012

11 requirements of Part 21 and allowi ng commercial operations. The se lightweight aircraft operate at slow speeds, close to the ground, and in a sterile e nvironment and, as a result, are far safer than conventiona l operations conducted with turbi ne helicopters operating in close proximity to the ground and people.

Satisfaction of the criteria provided in Section 333 of the Ref orm Act – size, weight, speed, operating capabi lities, controlled operating env ironment and operation within visual line of sight a nd national security – provide mor e than adequate justification for the grant of the requested e xemptions allowing commercial o peration of applicant’s sUAS in construction industry pursu ant to the Flight Manual app ended hereto.

Sincerely,

s/ Nick Kurth

Nick Kurth Manager, Virtual Construction PCL Constructi on Enterprises, Inc.

Attachments: Appendix A – PCL sUAS Flight Ma nual including Preflight Checkli st Form Appendix B – DJI Inspire 1 Pro User Manual Appendix C – DJI Phantom 2 User Manual Appendix D – DJI Phantom 3 Professional User Manual