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 Section 333 of the FAA Modernization and Reform 

Act of 2012 and Part 11 of the Federal Aviation Regulations from 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. 91.119; 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). 

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, PCL Construction Enterprises, Inc., a construction 

and design/build company, hereby applies, on behalf of itself and its United States 

subsidiaries (“PCL”), for an exemption from the listed Federal Aviation Regulations 

(“FARs”) to allow commercial operation of its Small Unmanned Aircraft Systems 

(“sUAS”) for aerial imaging, safety, and monitoring of secured and controlled 

environment construction 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. 

As detailed in this document and the attached Flight Manual, 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 PCL at each one 

of its construction sites. 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. 

The name and address of the applicant is: 

PCL Construction Enterprises, Inc. 

Nick Kurth, Manager, Virtual Construction 

2000 South Colorado Blvd Tower Two Ste 2-500 

Denver, CO 80222 

303-365-6500 

njkurth@pcl.com 
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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 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 sUAS, 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 

sUAS may operate in the National Airspace System (NAS) without creating a hazard to 

the user, the public, or a threat to national security. If the Secretary determines that a 

sUAS “may operate safely in the national airspace system, the Secretary shall establish 

requirements for the safe operation of such aircraft in the national airspace system.” Id. 

§333(c). 

PCL’s proposed sUAS (the “Proposed sUAS”) are multirotor vehicles, weighing 

10 or fewer lbs. including payload. They will operate under normal conditions at a speed 

of no more than 40 mph and have the capability to hover, and move in the vertical and 

horizontal plane simultaneously. The Proposed sUAS will operate only in the Pilot’s line 

of sight and will operate only within the PCL controlled project sites. Such operations 
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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 Proposed sUAS 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 sUAS to commence immediately. 

Also due to the small size of the Proposed sUAS and the low altitudes and restricted areas 

in which the sUAS will operate, approval of the application presents no national security 

issue. 

The grant of the requested exemptions is in the public interest given the clear 

direction in § 333 of the Reform Act and 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. Accordingly, 

PCL respectfully requests that the FAA grant the requested exemption without delay. 

III. 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 primary goal of the requested exemption is to reduce the risk of constructionrelated accidents while inspecting, surveying, and monitoring a construction site, 

including inspections of roof tops, industrial sites, bridges, and other areas of 

construction that are otherwise inaccessible or can only be accessed 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 site progress. sUAS can 

inspect, photograph, and collect data on hard to get to areas that otherwise would require 

worker inspection. Falls are a leading source of workplace fatality and injury on 

construction sites1

, and reducing falls through sUAS use for site imaging could save 

workers’ lives. 

Additionally, sUAS could replace the use of helicopters and small aircraft to 

monitor sites. The Proposed sUAS are less than ten pounds, and carry 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. 

																																																								

1	“Commonly	Used	Statistics”,	Occupational	Safety	&	Health	Administration.	Available	at:	

https://www.osha.gov/oshstats/commonstats.html.
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 Lastly, sUAS reduce the environmental impact by dramatically decreasing the 

energy used for aerial imaging and data collection over a construction site. The Proposed 

sUAS use rechargeable lithium ion batteries, as opposed to fossil fuels burned in 

operation of small aircraft that are many hundreds of times heavier. 

IV. EQUIVALENT LEVEL OF SAFETY 

PCL 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 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. 

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 operated within visual line of sight of a pilot. 

3. Maximum total flight time for each operational flight will be 30 minutes. The UAS 

calculates battery reserve in real time, and will return to its ground station with at 

least 25% battery power reserve should that occur prior to the 30 minute limit. 

4. Flights will normally be operated at an altitude of 200 feet AGL, 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 management or has otherwise obtained approved through a 

certificate of waiver or authorization (COA). 

6. sUAS shall not operate within 2 miles of a heliport with a published instrument flight 

procedure unless otherwise approved under a COA. 

7. Crew for each operation will consist of the sUAS Pilot who will keep the sUAS 

within his visual line of sight at all times. 

8. The sUAS Pilot will be trained in flight, operations, and safety 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 requires the establishment of a “Security Perimeter” 

for the flight operations area. 

10. 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. 

11. All onsite personnel will consent to the sUAS 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. 

12. Pilot will have been trained in operation of sUAS generally and received up-to-date 

information on the particular sUAS to be operated as required by the Flight Manual. 

13. Written and/or oral permission from the relevant property holders will be obtained. 
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14. 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. 

15. If the sUAS loses communications or loses its GPS signal, it will have capability to 

reduce its hover throttle and enter into a controlled descent. 

V. EXPLANATION OF APPLICABLE REGULATIONS 

14 CFR 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 aircraft to the be 

utilized by PCL, an exemption from Part 21, Subpart H meets the requirements of an 

equivalent level of safety under Part 11and Section 333 of the Reform Act. 

The Proposed sUAS weigh between 2.8 and 7.7 pounds, fully loaded, and does 

not carry a pilot, passengers, explosive materials or flammable liquid fuels. Additionally, 

it is equipped with a Flight Limitation 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 exceed 400 feet AGL. Like other civil aircraft, operation of 

the Proposed sUAS will be controlled and monitored by the operator in accordance with 

the requirements of the applicable user manuals, and the operator will keep the sUAS 

within visual line of sight inside the established boundaries of the construction site. 

Additionally, the operation of the Proposed sUAS will be in compliance with local public 

safety requirements, as are currently required on PCL’s 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 the public and 

property owners than conventional operations conducted with airworthiness certificates 

issued under 14 C.F.R. Part 21, Subpart H. 

14 C.F.R. 45.23(b): Marking of Aircraft 

This regulation requires certain experimental, provisionally certified 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. 

Even though the Proposed 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 Proposed 

sUAS, two inch lettering will be impossible. 
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14 C.F.R. 61.23(a) and (c): Medical Certificates: Requirements and Duration 

This regulation requires pilots to hold at least third-class medical certificates 

when exercising the privileges of a private or recreational pilot, 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 aircraft other than a glider or balloon. The FAA has 

previously acknowledged in prior grants of exemption under Section 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 airman medical certificate or a 

valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a 

territory of the U.S., a possession of the U.S., or the Federal government. 

14 C.F.R. 61.101(e)(4) and (5): Recreational Pilot Privileges and Limitations And 

14 C.F.R. 61.315(a): What are the Privileges and Limits of My Sport Pilot 

Certificate? 

The above mentioned subsections prohibit recreational pilots from acting as a 

pilot for compensation or hire or in furtherance of a business. The FAA has previously 

acknowledged in prior grants of exemption under Section 333 that recreational pilots 

could serve as a PIC of a sUAS for compensation or hire or in furtherance of a business. 

See Grant of Exemptions Nos. 11469, 11676, 12499, 13094, 13452, 13729, and 13923. 

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

Section 61.113 (a) & (b) limits private pilots to non-commercial operations. 

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 (1) have accumulated and logged sufficient hours as a sUAS pilot 

of a multi-rotor sUAS to demonstrate the ability to safely operate the sUAS in a manner 

consistent with FAA regulations and (2) hold at least a Sport Pilot certificate. The FAA 

has previously acknowledged in prior grants of exemption under Section 333 that a 

commercial pilot’s certificate was not necessary to operate a sUAS, but that the FAA 

could not waive the requirement for an FAA-issued pilot’s license. A minimum of a 

Sport Pilot certificate addresses the FAA’s requirement that the Pilot in command have 

the requisite training and understanding of the National Airspace 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 that carries the pilot and passengers, the sUAS is 

remotely controlled with no humans or cargo on board. PCL’s Proposed sUAS are also 

operated by an autopilot, which greatly reduces the danger of human error. The area of 

operation is controlled and restricted to hard hat areas, and all flights are planned and 

coordinated in advance as set forth in the Flight Manual. 
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The sUAS to be operated hereunder is less than 10 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 Flight Manual. Like other 

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

the operator, pursuant to the Flight 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. 

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 Flight Manual achieves the level 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	aircraft	unless	it	is	

in	airworthy	condition.	As	there	will	be	no	airworthiness	certificate	issued	for	the	

Proposed	sUAS,	should	this	exemption	be	granted,	no	FAA	regulatory	standard	will	

exist	for	determining	airworthiness.	Based	on	the	size	of	the	proposed	sUAS,	the	

Flight	Environment	Requirements	and	Preflight	Checklist,	an	equivalent	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	have	a	place	to	

carry	its	Flight	Manual,	and	there	is	no	pilot	on	board	so	having	a	flight	manual	on	

the	Proposed	sUAS	serves	no	purpose.	

The	equivalent	level	of	safety	will	be	maintained	by	keeping	the	Flight	

Manual	and	DJI	User	Manuals	at	the	ground	control	point	where	the	operator	will	be	

flying	the	Proposed	sUAS.	Accordingly,	the	operator	will	have	immediate	access	to	

the	DJI	User	Manual	and	Flight	Manual.	The	FAA	has	issued	exemptions	to	this	

regulation	for	other	construction	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 flight to ensure the 

safety of flight. An exemption is needed from this requirement as the PIC will take 

separate preflight actions, including checking for weather conditions, checking flight 

battery requirements, checking takeoff and landing distances, and all other actions in the 

Preflight Checklist in the Flight Manual. These actions will provide an equivalent level of 

safety. 
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14 CFR 91.109: Flight Instruction 

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. The Proposed sUAS is a quadrotor with a built in Flight 

Control System with integrated gimbal and camera. Flight control is accomplished 

through use of a remote controller, a wireless communication device that communicates 

with the aircraft via radio communications. Therefore, there is no dual control, and an 

equivalent level of safety is achieved through built-in safety measures, including but not 

limited to, a programmed return should the connection with the remote be lost. The FAA 

has previously approved exemptions for aircraft without fully functional 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 ability 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 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 takeoff and vertical landing, 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 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 the 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 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 Flight Manual, 

all affected individuals will be aware of the planned flight operations. Unlike flight 

operations with aircraft or rotorcraft weighing far more than the maximum 10 lbs. 

proposed herein, our sUAS will not carry flammable fuel. In addition, the low-altitude 

operations of the sUAS will ensure separation between sUAS operations and the 

operations of conventional aircraft that must comply with Section 91.119. 

14 C.F.R. 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 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 

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

14 CFR 91.151 (a): Fuel Requirements for Flight in VFR conditions 

Section 91.151 (a) outlines fuel requirements for beginning a flight in VFR 

conditions. Our sUAS is limited to operations in sterile and controlled environments as 

outlined in the Flight Manual, and has a limited range and flight time which require an 

exemption from 14 CFR 91.151(a). 

Battery powering the sUAS provides approximately 15-30 minutes of powered 

flight. The Proposed sUAS would not be able to meet the 30 minute 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 exemption from 14 CFR §91.151(a) falls within the scope of 

prior exemptions. Operating the small sUAS, in a tightly controlled area where only 

people and property 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 small 

UAS. 

An equivalent level of safety can be achieved by limiting flights to the time it 

takes to reach 25% battery power (as determined by the onboard monitoring system and 

the PIC). This restriction would be more than adequate to return the sUAS to its planned 

landing zone from anywhere in its limited operating area. 

14 CFR 91.203 (a) and (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 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 Proposed sUAS weighs less than ten pounds. It does not have a cabin or 

cockpit, and it is operated by remote control without an onboard pilot. Therefore, there is 

no ability to carry certification and registration documents onboard. 

An equivalent level of safety will be achieved by having the DJI User Manual at 

the ground with the operator of the Proposed sUAS. This will allow the operator to have 

immediate access to the DJI User Manual should it be needed during operation of the 

Proposed sUAS. 
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14 CFR 91.405 (a); 407 (a)(1); 409 (a)(2); 417 (a) & (b): Maintenance Inspections 

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 do not apply to sUAS. Maintenance will be accomplished by 

the operator pursuant to the Flight Manual and DJI User Manuals. An equivalent level of 

safety will be achieved because these small sUAS are very limited in size and will carry a 

small payload and operate only in restricted 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 provided in the Flight Manual, the PIC 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 PIC 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. 

VI. Publication in the Federal Register 

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: 

Applicant, PCL Construction Enterprises, Inc., seeks an exemption from the 

following rules: 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. 

91.119; 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) to operate commercially small unmanned aircraft systems (55lbs or less) in 

construction operations. 

VII. Conclusion 

Approval of exemptions allowing commercial operations of sUAS in the 

construction industry 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 sUAS weighing fewer than 10 lbs. 

and powered by batteries eliminates virtually 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 with manned aircraft flights. 

The operation of small sUAS, weighing less than 10 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 
PCL	Construction	Enterprises,	Inc.		

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FAA	Modernization	and	Reform	Act	of	2012	

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requirements of Part 21 and allowing commercial 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. 

Satisfaction of the criteria provided in Section 333 of the Reform Act – size, 

weight, speed, operating capabilities, controlled operating environment 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 

sUAS in construction industry pursuant to the Flight Manual appended hereto. 

Sincerely, 

 s/ Nick Kurth 

 

 Nick Kurth 

 Manager, Virtual Construction 

 PCL Construction Enterprises, Inc. 

Attachments: 

Appendix A – PCL sUAS Flight Manual including Preflight Checklist Form 

Appendix B – DJI Inspire 1 Pro User Manual 

Appendix C – DJI Phantom 2 User Manual 

Appendix D – DJI Phantom 3 Professional User Manual