August 7, 2015 

U. S. Department of Transportation 

West Building, Ground Floor, Room w12-140 

1200 New Jersey Avenue, SE 

Washington, DC 20590 

RE: Exemption Request Pursuant to Section 333 of the FAA Modernization and 

Reform Act of 2012 

 

Dear Sir or Madam: 

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

“Reform Act”), Walsh & Kelly, Inc., an operator of Unmanned Aircraft Systems (UAS) for 

Volumetric Measurements for Inventory Management, hereby applies for an exemption from the 

Federal Aviation Regulations to allow commercial operation of its UAS. 

 Walsh & Kelly, Inc.’s requested exemption would permit the operation of its UAS under 

controlled and secure conditions that are limited, predetermined, and provides safety in 

connection with the aircraft operation. 

 The name and address of the applicant is: 

Walsh & Kelly, Inc. 

Jeremy A. Fenolio 

1700 E. Main Street 

Griffith, IN 46319 

(219) 924-5900 

JFenolio@walshkelly.com 

 

 Regulations from which the exemption is requested are: 

14 CFR 61.113(a) and (b) 

14 CFR 91.103 

14 CFR 91.119 

14 CFR 91.121 
August 7, 2015 

Page 2 

14 CFR 91.151(a) 

14 CFR 91.405(a) 

14 CFR 407(a)(1) 

14 CFR 409(a)(2) 

14 CFR 417(a) and (b) 

 The applicant intends to operate a UAV Model DJI Phantom 2 Vision+ UAS for the 

purpose of safely conducting Volumetric Measurements for Inventory Management at 

applicant’s five (5) plants which are located in Griffith, Indiana and Valparaiso, Indiana. Walsh 

& Kelly provides asphalt products, excavating, grading, concrete, and paving services in 

northern Indiana. As a large contractor, Walsh & Kelly has significant stockpiles of inventory at 

its five (5) locations. Currently, inventory management requires individuals to climb on these 

stockpiles, which creates a concern for their safety. The use of a UAS eliminates the safety 

concern and provides significantly more accurate measurements as well. 

 In addition, applicant would use the UAS for pre- and post-project videos. These videos 

would alleviate the necessity of employees walking the project routes where there are significant 

safety concerns because of traffic. 

 The applicant believes that this application should fall under the Federal Aviation 

Administration Interim Policy for commercial unmanned aircraft operations. The UAS to be 

operated by applicant and the operation itself meets the following criteria: 

1. The UAS weighs less than 55 pounds, actually weighing 2.75 pounds; 

2. Flights will be operated within visual line of sight of the pilot; 

3. All flights are operated below 200 feet; and 

4. All flights will be operated during daytime Visual Flight Rules conditions. 

 

Additionally, the applicant has spoken with the management at both the GriffithMerrillville Airport (05C) and Porter County Regional Airport (VPZ) in order to determine if the 

operation of the UAS over applicant’s plants will have any safety impact on the operation of 

either airport. The management of both airports has indicated that there is no safety concern 

whatsoever, but the applicant will notify the management of both airports prior to operation of 

the UAS as an additional safety precaution. 

It is applicant’s belief that the operation of the UAS for Inventory Management will 

increase the safety for its employees who have been involved in Inventory Management, and the 

plant operation will be safer. In addition, the applicant performs services for numerous 

municipalities in northern Indiana, and the pre- and post- project videos will eliminate placing 
August 7, 2015 

Page 2 

applicant’s employees on the ground in dangerous traffic conditions. Also, the need to restrict 

traffic while employees take measurements and examine roadwork will be reduced significantly 

by these videos. 

Summary for Publication: 

Pursuant to 14 CFR, Part 11, the following summary is provided for publication in the 

Federal Register, should it be determined that publication is needed: 

Walsh & Kelly, Inc. seeks an exemption from 14 CFR 61.113(a) and (b), 14 CFR 91.103, 

14 CFR 91.119, 14 CFR 91.121, 14 CFR 91.151(a), 14 CFR 91.405(a), 14 CFR 407(a)(1), 14 

CFR 409(a)(2), and 14 CFR 417(a) and (b) to operate commercially a small Unmanned Aircraft 

System (under 55 pounds) in order to provide Volumetric Measurements for Inventory 

Management and pre- and post-project videos. As established by the exemptions already granted 

by the FAA for small unmanned aircraft systems in certain commercial operations, this will 

enhance safety by reducing risk. Conventional Volumetric Measurements require personnel to 

be exposed to shifting materials in order to adequately measure inventory of materials. In 

contrast, a UAS eliminates all risk of ground personnel and is significantly more accurate in its 

measurement capabilities. In this regard, the UAS eliminates any exposure by the applicant’s 

personnel. 

The operation of the UAS conducted in the strict conditions outlined provides a superior 

level of safety supporting the grant of the exemption requested herein. 

All manufacturer procedures will be followed for pre and post flights. An app called 

“DroneLogbook” will be used to track each flight, maintenance and locations flown. 

Public Benefit: 

The Federal Aviation Administration has established an interim policy for certain 

commercial unmanned aircraft operators to obtain exemptions under Section 333 of the FAA 

Modernization and Reform Act of 2012. By allowing the commercial operation of a UAS a 

significant risk will be reduced. Previously the only methods for accurately performing 

inventory management involved the use of an aircraft, helicopter, or personnel on the ground 

which carries some risk with it. The use of a UAS operated only over the land that contains the 

inventory will reduce all risks significantly. The operation of the UAS conducted in the 

conditions outlined in this request for exemption will provide a level of safety supporting the 

grant of the exemption requested herein. 

Enclosed with this petition are pictures that will provide a view of the size of the 

inventory of materials that applicant will be measuring through the UAS. 
August 7, 2

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