KROOS CONSTRUCTION, INC. 

November 13,2015 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, D.C. 20590 

RE: EXEMPTION REQUEST 

To Whom It May Concern: 

38179 Keenwik Road 

West Fenwick Island, DE 19975 

PHONE/FAX 302-524-1100 

Pursuant to section 333 of the FAA Reform Act of2012 & 14 C.P.R. Part 11, Kroos 

Construction, Inc. (KCI) owned by Richard Kroos, a licensed & insured design build & home 

remodeling business for 35 years, hereby applies for an exemption from the listed Federal 

Aviation Regulations ("F ARs") to allow commercial operation for a small unmanned Aircraft 

Systems ("UAS") for aerial imaging for viewing storm damage of homes & business in the 

Fenwick Island, Delaware area. Also provide photographs for advertising businesses from an 

aerial perspective. And finally displaying pictures for sale of the beautiful sights & scenery of 

the eastern shore. KCI is licensed and insured in Delaware, Maryland, Virginia, & the District 

of Columbia. "Island Aerial Imagery" (a sub-company) would fall under the canopy of my 

construction company. 

We are requesting an exemption for Richard Kroos & Brice Smyth (owner & employee) ofKCI. 

We plan to purchase DJI drone with duel remotes and monitors so two people would have full 

control of the drone at all times. This would give added safety while in flight. The inspire 1 Pro 

drone also has a anti-collision feature which over rides the two remotes and stops movement 

when the drone comes close to any objects which is another very good safety feature. 

As detailed in this document the requested exemption would permit the operation ofUAS under 

controlled conditions in airspace that is 1)limited 2) predetermined 3) controlled as to access and 

4) would provide safety enhancement to the already best practices safety protocols followed by 

KCI at each one of its approved sights for aerial pictures. 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 of the Reform Act. 
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Regulations from which the exemption is requested: 

14 C.P.R. -Part 21, 45.23 (b), 61.113 (a) & (b), 91.7 (a), 91.9 (b) (2), 91.103, 91.109, 91.119, 

91.121,91.151 (a), 91.203 (a) & (b), 91.405 (a), 407 (a) (1), 409 (a) (2), & 417 (a) & (b). 

L STATUTORY AUTHORITYFOREXEMPTIONS 

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

authority included exempting civil aircraft, as the term is defined under $40101 of the Act, 

including UASs, 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 U.S.C. $44711 (a); 

49 U.S.C. $44704; 14 CFT $91.203 (a) (1). 

Sections 333 (b) of the Reform Act assists the secretary in determining whether UAS 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). 

KCI's UAS are multirotor vehicles, weighing 10 or fewer lbs. including payload. They operate 

under normal conditions at a speed of no more than50 knots and have the capability to hover, and 

move in the vertical and horizontal plane simultaneously. The UAS will operate only in the 

pilot's visual line of sight at all times and will operate only within the sterile area. Such operation 

will insure that the UAS will not create a hazard to users of the nation airspace system or the 

public. Reform Act Section 333 (b). 

Given the small size of the UAS involved and the restricted and sterile environment within 

which they will operate, our application falls squarely within the zone of safety (and equivalent 

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

commercial operations of UAS to commence immediately. Also due to the small size of the 

UAS and the low altitudes (less than 400 ft.) and restricted areas in which the UAS will operate, 

approval of the application presents no national security issued. 

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, KCI's respectfully requests that the 

FAA grant the requested exemption without delay. 
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ll. 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 the 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 UAS to operate with significant 

safety precautions in low risk environments. 

The use ofUAS on a construction site can significantly reduce the risk to workers of fall while 

inspection, surveying, or monitoring site damaged buildings. UAS 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 injury on construction sites, and reducing fall through UAS use for site imaging 

could save workers lives. 

Additionally, UAS could replace the use of helicopters and small aircraft to monitor sites. The 

UAS we propose to fly in this application are under 10 lbs., and carry no combustible material on 

board, as opposed to the much larger conventionally powered small aircraft. Shifting to UAS 

from helicopters presents a marked safety increase for out workers and the public. 

Finally, UAS reduce the environmental impact by dramatically decreasing the energy used for 

aerial imaging and data collection over a construction site. Our UAS use rechargeable lithium 

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

hundreds of times heavier. 

ill. EQUIVALENT LEVEL OF SAFETY 

KCI proposes that the exemption requested herein apply to UAS that have 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 operation conducted with helicopters and other 

conventional aircraft. 

KCI will be bound by the following limitations when conduction its UAS operations under a 

FAA issued exemption: 

1. The UAS 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 ground station with at least 

20% batter power reserve should that occur prior to the 30 minute limit. 
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4. Flights will normally be operated at an altitude of200 feet AGL, never exceeding 400 

feetAGL. 

5. Any site within 5 miles of an airport will not be flown without notification and approval 

of the local FAA Flight Standards District Office and airport controller. 

6. Crew for each operation will consist of the UAS pilot who will keep the UAS within his 

visual line of sight at all times. 

7. The UAS pilot will be trained flight, operations, and safety procedures as detailed in the 

Flight Manual. 

8. The UAS will only operate within a confmed Sterile Area as defined in the Manual. The 

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

area. 

9. A briefing will be conducted in regard to the planned UAS 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 on site by waiver, and the operator 

will obtain additional verbal or written consent for all persons who will be allowed within 

100 feet ofthe flight operation. 

11. Pilot will have been trained in operation ofUAS 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 

governmental agencies. 

14. If the UAS loses communications or loses its GPS signal, it will have capability to enter 

loiter mode and hover, reestablish satellite connection, and return to a predetermined 

location within the security perimeter and land. 

15. DJI inspire 1 PPO- will not fly in wind speeds over 10 mph. Dimensions 581 mm in 

diameter, 301 mm in height, 526 grams camera & gimbal weight model zemuse x 5, 

3,000 grams drone weight. 

Approval of exemptions allowing commercial operations ofUAS 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 UAS 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 UAS will 

carry no passengers or crew and, therefore, will not expose them to the risks associated with 

manned aircraft flights. 

The operation of small UAS, 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 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. 
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PRIVACY- All flights will occur over private or controlled access property with the property 

owner's 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 of2012 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 UAS in the construction 

industry & business. 

Sin'PJJJ~ 

Richard Kroos, President 

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