July7,2015U.S.DepartmentofTransportationDocketManagementSystemD1200NewJerseyAve.,SEWashington,DC20590DearSirorMadam:AttachedpleasefindNVIDIACorporation'srequestforanexemptionfromthelistedFederalAviationRegulationstoallowcommercialoperationofitsSmallUnmannedAircraftSystems("sUASs")foraerialimagingforsafetyandmonitoringofsecuredandcontrolledconstructionsites.ThisexemptionrequestisexclusivelyfortheuseoftheUASmanufacturedbyKespry,Inc.,aMenloParkbasedcompany.AlsoattachedtothisletteristheKespryUASFlightManual,whichoutlinestheoperatingrequirements,limitations,andtechnicalspecificationsfortheKesprysystem.NVIDIAhasreviewedthesemanualsandhasfoundthemtobeacceptableforsUASoperationsonitssecureprojectsites.NVIDIAsubmitstheKespryFlightManualasaConfidentialdocumentunder14CFR11.35(b)astheentiremanualcontainsproprietaryinformationthattheapplicanthasnotandwillnotsharewithothers.TheManualcontainsoperatingconditionsandproceduresthatarenotavailabletothepublicandareprotectedfromreleaseundertheFreedomofInformationAct5USC552et.seq.Thankyouforyourtimeandconsideration,andpleaseletmeknowifyouhaveanyquestions.GabrielDobbsKespry,Inc.July 7, 2015 U.S. Department

of Transportation Docket Management SystemO 1200 New Jersey Ave., SE Washington, DC 20590 Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from 14 CFR 61.113 (a) & (b); 91.103(b); 91.119; 91.121; 91.15l(a); 91.405 (a); 91.407(a) (1); 91.409 (a) (2); 91.417 (a) & (b). Dear Sir or Madam: Pursuant
to Section 333 ofthe FAA Modernization
and Reform Act of2012 (the Reform Act) and 14 C.F.R. Part 11, NVIDIA Corporation,

a technology company, hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs")

to allow commercial operation
of its Small Unmanned Aircraft Systems ("sUAS") for aerial imaging for 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 Manuals, the requested exemption would permit the operation ofsUAS nnder 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 workers
at each one ofNVIDIA's 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

3 3 3© of the Reform Act. The name and address of the applicant
is: NVIDIA Corporation 2701 San Tomas Expressway Santa Clara, CA 95050 PH:

( 408) 486-2000 Email: jdahlgren@nvidia.com Regulations from which the exemption

is requested: 14 C.F.R. Part 210 14 C.F.R. 45.23(b)O 14 C.F.R. 61.113 (a) & (b) 14 C.F.R. 91.7 (a)O 14 C.F.R. 91.9 (b) (2)0 14 C.F.R. 91.1030 14 C.F.R. 91.1090 14 C.F.R. 91.1190 14 C.F.R. 91.1210 14 C.F.R. 91.151 (a) 014 C.F.R. 91.203 (a) & (b)

114 C.F.R. 91.405 (a)O 14 C.F.R. 407 (a) (1)0 14 C.F.R. 409 (a) (2)0 14 C.F.R. 417 (a) & (b) 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 sUASs, from the requirement that all civil aircraft must have

a current airworthiness certificate. The Administrator may grant an exemption from

a requirement

of a regulation prescribed under subsection
(a) or (b) of this section or any sections 44702-44716

of this title if the Administrator finds the exemption

in the public interest. 49 U.S.C. §44701(f) See also 49 USC §447ll(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." !d. §333(c). Kespry and DJI's sUAS are multirotor vehicles, weighing

10 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 simnltaneously.
The sUAS will operate only in the Pilot's visual line of sight at all times and will operate only within the sterile area described
in the Confidential Kespry Flight Manual, attached

as Exhibit

1 (hereinafter "the Manual")
or on private property with the property owner's permission. Snch operations will insure that the sUAS 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 sUAS involved and the restricted and sterile envirorunent 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 sUAS and the low altitudes and restricted areas in which the sUAS will operate, approval of the application presents no national security issue. Given the clear direction
in Section 333 of the Reform Act, the authority contained

in the Federal Aviation Act, as amended; the strong equivalent level of safety surrounding
the proposed operations, and the significant public benefit, including enhanced safety, the grant ofthe requested exemptions

is in the public interest. Accordingly, NVIDIA respectfully requests that the FAA grant the requested exemption without delay. II. PUBLIC INTEREST

2This 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 ofthe rulemaking required under Section 332 of the Reform Act. By granting
an exemption the FAA will fulfill Congress's intent of allowing UAS to operate with significant safety precautions

in low risk environments. The use of sUAS on 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 sites

1 , and reducing falls through

s UAS use for site imaging could save workers lives. Additionally, sUAS could replace the use of helicopters and small aircraft
to monitor sites. The sUAS we propose
to fly in this application
are under five 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. Lastly, sUAS reduce the environmental impact by dramatically decreasing the energy used for aerial imaging and data collection over

a construction site. Our sUAS use rechargeable lithium polymer batteries,

as opposed

to fossil fuels burned
in operation
of small aircraft that are many hundreds
of times heavier. III. EQUIVALENT LEVEL OF SAFETY NVIDIA 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. NVIDIA will be bound by the following limitations when conducting

its sUAS operations under an FAA issued exemption: 

### 1. The sUAS will be 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 GPS determined takeoff location with at least 20% 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. 1 "Commonly Used Statistics", Occupational Safety
& Health Administration. Available
at: https:f fwww.osha.gov

/ oshstats/ commonstats.html



### 35. Any site within

5 miles of an airport will not be flown without notification and approval of the local FAA Flight Standards District Office (FSDO) and airport controller. 6. Crew for each operation will consist of the sUAS Pilot who will keep the sUAS within his visual line of sight at all times. 7. The sUAS Pilot will be trained in flight, operations, and safety procedures

as detailed in the Flight Manual. 8. The sUAS 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. 9. A briefmg 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. 10. All onsite personnel will consent
to the UAS flyover, and the operator will obtain additional verbal or written consent of all persons who will be allowed within
100 feet of the flight operation. 11. Pilot will have been trained in operation ofUASs generally and received up-to-date information

on the particular UAS to be operated

as required by Section

F of the Manual. 12. Written and/or oral permission from the relevant property holders will be obtained. 13. All required permissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire, or other appropriate goverrunental agencies. 14. If the sUAS loses communications

or loses its GPS signal,

it will have capability

to enter reduce its hover throttle and enter

a controlled descent. IV. DESCRIPTION

OF SPECIFIC REGULATIONS 14 CFR 61.113 (a) & (b): Private pilot privileges and limitations: Pilot in command Sections 61.113 (a) & (b) limit 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 have (1) completed

a sUAS flight training course of 100 hours before flying

a sUAS (See Section

F of the Manual for more details) and (2) a Sport Pilot certificate. The FAA has previously acknowledged

in ptior grants of exemption under Section 333 that
a corrunercial 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 Sport Pilot certificate addtesses 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. The Sport Pilot certificate also does not require the Pilot to undertake the additional cost and time of additional manned aviation flight time that the Private Pilot's license requires and which will not translate
to skill or competency operating the sUAS. Unlike

a conventional aircraft that carries the pilot and passengers,
the sUAS
is remotely 4controlled with no living thing or cargo on board. Kespry's sUAS is 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 Manual. 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 Manual. 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. The FAA will have advance notice of all operations. 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 Section

F of the Manual achieves the level of safety contemplated

by 14 C.F.R. §61.113 (a) & (b). 14 C.F.R. 91.103: Preflight Action This regulation requires each pilot in command take certain actions before flight to ensure the safety of flight. An exemption

is needed from this requirement

as the Pilot 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 Manual. These actions will provide an equivalent level of safety. See Appendix

A of the Manual. 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 take off and vertical landing, which will typically operate
at altitudes of 200 AGL, so an exemption may be needed
to allow such operations. The 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 Manual for detailed procedures. The equivalent level of safety will be achieved given the size, weight, speed of the sUAS as well as the location where
it is operated. No flight will be taken without the permission ofthe 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 

### 5aware of the plmmed flight operations. Unlike flight operations with aircraft or rotorcraft weighing
far more than the maximum

10 lbs. proposed herein, our sUAS will not carry flmnrnable 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 Manual and Safety Check list, confirming
the altitude of the launch site shown on the GPS altitude indicator before flight. 14 CFR 91.151 (a): Fuel requirements

for flight iu 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 Manual, and has
a limited range and flight time which require an exemption from 14 CFR 91.15l(a). The battery powering the sUAS provides approximately

35 minutes of powered flight. To meet the 30 minute reserve requirement

in 14 CFR §91.151, sUAS flights would be limited
to approximately

5 minutes
in length. 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. NVIDIA believes that an exemption from 14 CFR §91.15l(a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation

to operate without compliance with FAR 91.151 (a)). Operating the small 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 91.15l(a) was intended

to alleviate given the size and speed of the small UAS. Additionally, limiting sUAS flights to 10 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 30 minutes,
or enough battery reserve
to ensure that the sUAS lands at the GPS determined takeofflocation 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 sUAS to its plmmed landing zone from anywhere

in its limited operating area. Similar exemptions have been granted
to other operations, including Exemptions 2689F, 5745, 10673, and 10808.

614 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 4 3 of this chapter.

.. ," and others shall inspect or maintain the aircraft in compliance with Part 43. Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to NVIDIA. Maintenance will be accomplished by the operator pursuant

to the flight manual and operating handbook

as referenced

in the Manual. 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 Manual, the Pilot 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 Pilot 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. 

### ******* 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 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 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

l 0 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 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.

7Privacy All flights will occur over priv ate or controlled acces

s propert

y 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 aeria

l photography will take place. ******* Satisfaction

of the criteria provided
in Section 333 of the Reform Act of2012--size, weight

, speed, operating capabilities, controlled operating environment and operation within visual line of sight and national security- provide more than adequate
ju stifi cation for the grant ofthe requested exemptions allowing commercial operation
of applicant's sUAS in construction ip.dustry pursuant
**t~** the Manual appended hereto. ck D a hlgren NVIDIA Corporation Gabriel Dobb

s Kespry, Inc

. 8