### KROOS CONSTRUCTION, INC.

November 13,2015

U.S. Department ofTransportation DocketManagement System 1200NewJersey Ave., SE Washington, D.C. 20590
RE: EXEMPTIONREQUEST
ToWhom ItMay Concern: 38179 KeenwikRoad West FenwickIsland, DE 19975 PHONE/FAX 302-524-1100

Pursuant to section 333 oftheFAA Reform Act of2012 & 14 C.P.R. Part 11, Kroos Construction, Inc. (KCI) ownedbyRichard Kroos, a licensed & insured design build & home remodeling business for 35 years, hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation for a small unmanned Aircraft Systems ("UAS") for aerial imaging for viewing storm damage ofhomes & business inthe Fenwick Island, Delaware area. Also provide photographs for advertisingbusinesses from an aerial perspective. And finally displaying pictures for sale ofthe beautiful sights & scenery of the eastern shore. KCI is licensed andinsured inDelaware, Maryland, Virginia, & the District ofColumbia. "IslandAerial Imagery" (a sub-company) would fall underthe canopy ofmy construction company. We are requesting an exemption for Richard Kroos & Brice Smyth (owner & employee) ofKCI. We planto purchase DJI drone with duel remotes and monitors so two people wouldhave full control ofthe drone at all times. This would give added safety while in flight. The inspire 1Pro drone also has a anti-collision feature which overrides the two remotes and stops movement when the drone comes close to any objects which is anothervery good safety feature.
As detailedin this documentthe requested exemption would permitthe 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 alreadybestpractices safety protocols followed by KCI at each one ofits approved sights for aerial pictures. Approval ofthis exemptionwould thereby enhance safety and fulfill the Secretary ofTransportation's (the FAA Administrator's) responsibilities to establish requirements for the safe operation ofsuch aircraft systems in the national airspace system. Section 333 ofthe Reform Act.-2-

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 AviationAct expressly grants the FAA authorityto issue exemptions. This statutory authority included exempting civil aircraft, as the term is defined under $40101 ofthe Act, includingUASs, from the requirementthat all civil aircraft musthave a current airworthiness certificate.
The Administrator may grant an exemption from a requirement ofa regulation prescribed under subsection (a) or (b) ofthis section orany sections 44702-44716 ofthis title ifthe administrator finds the exemption inthe 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) ofthe Reform Act assists the secretary in determining whether UAS may operate safely inthe national airspace system, the secretary shall establish requirements for the safe operation ofsuch aircraft in the national airspace system. Id $333 (c).
KCI's UAS are multirotor vehicles, weighing 10 orfewer lbs. including payload. They operate under normal conditions at a speed ofno more than50 knots and have the capability to hover, and move in the vertical and horizontal plane simultaneously. The UAS will operate only inthe pilot's visual line ofsight at all times and will operate only withinthe sterile area. Such operation will insure that the UAS will not create a hazardto users ofthe nation airspace system orthe public. Reform Act Section 333 (b).
Given the small size ofthe UAS involved andthe restricted and sterile environmentwithin which they will operate, ourapplication falls squarely withinthe zone ofsafety (and equivalent level ofsafety) in which Congress envisioned thatthe FAA must, by exemption, allow commercial operations ofUAS to commence immediately. Also due tothe small size ofthe UAS and the low altitudes (less than 400 ft.) andrestricted areas inwhichthe UAS will operate, approval ofthe application presents no national security issued.
Given the clear direction in Section 333 ofthe Reform Act, the authority contained in the Federal Aviation Act, as amended; the strong equivalent level ofsafety surrounding the proposed operations, andthe significant public benefit, including enhanced safety, the grant ofthe requested exemptions is inthe public interest. Accordingly, KCI's respectfully requests thatthe 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) ofthe Reform Act. This lawdirects the Secretary ofthe Transportationto consider whether certain unmanned aircraft systems may operate safely inthe NAS before completion ofthe rulemaking required under Section 333 ofthe Reform Act. By granting an exemption the FAA will fulfill Congress's intent ofallowing UAS to operate with significant safety precautions in lowrisk environments.
The use ofUAS on a construction site can significantly reduce the riskto workers offall 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 ofworkplace injury on construction sites, andreducing fall through UAS use for site imaging could save workers lives. Additionally, UAS could replace the use ofhelicopters and small aircraftto monitor sites. The UAS we propose to fly inthis 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 impactby dramatically decreasing the energy used for aerial imaging and data collection over a construction site. OurUAS use rechargeable lithium ion batteries, as opposed to fossil fuels burned in operation o small aircraft that are many hundreds oftimes heavier.
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### EQUIVALENT LEVEL OF SAFETY
KCIproposes thatthe 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 oreven higher level ofsafety to operations underthe current regulatory structure because the proposed operations represent a safety enhancementto the already safe protocols followed on construction sites and imaging and surveying operation conducted with helicopters and other conventional aircraft.
KCI will beboundby the following limitations when conduction its UAS operations under a FAA issued exemption:
1. TheUAS will be less than 10 pounds. 2. Flights will be operated within visual line ofsight ofa pilot. 3. Maximumtotal flight time for each operational flight will be 30 minutes. The UAS calculates batteryreserve in real time, and will returnto its ground station with at least 20% batter powerreserve should that occurprior to the 30 minute limit.-4-
4. Flights will normally be operated at an altitude of200 feet AGL, never exceeding400 feetAGL. 5. Any site within 5 miles ofan airport will not be flown without notification and approval ofthe local FAA Flight Standards District Office and airport controller. 6. Crew for each operation will consist ofthe UAS pilot who will keep the UAS within his visual line ofsight at all times. 7. The UAS pilot will be trained flight, operations, and safety procedures as detailed in the FlightManual. 8. The UAS will only operate within a confmed Sterile Area as defined in the Manual. The Manual also requires the establishment ofa Security Perimeterfor the flight operations area. 9. A briefing will be conducted in regard to the planned UAS operations priorto each day's production activities. Itwill be mandatory that all personnel who will be performing duties withinthe boundaries ofthe safety perimeterbe 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 beentrained in operation ofUAS generally and received up-to-date information on the particular UAS to be operated as required by Section F ofthe Manual. 12. Written and ororal 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. Ifthe UAS loses communications orloses 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 1PPO- 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 ofexemptions 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 ofthat risk given the reduced mass and lack ofcombustible fuel carried on board. The UAS will carry no passengers orcrew and, therefore, will not expose them to the risks associated with manned aircraft flights.
The operation ofsmall UAS, weighing less than 10 lbs., conducted in the strict conditions outlined above, will provide an equivalent level ofsafety supportingthe grant ofthe exemptions requested herein, including exempting the applicant from the requirements ofPart 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.l ., •**~·**



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### PRIVACY- All flights will occur overprivate orcontrolledaccess property with the property owner's consented tobeing filmed orotherwise have agreed to be in the area where aerial photography will take place.
Satisfaction ofthe criteria provided in Section 333 ofthe Reform Act of2012 size, weight, speed, operating capabilities, controlled operating environment and operation within visual line ofsight and national security- provide more than adequatejustificationforthe grant ofthe requested exemptions allowing commercial operation ofapplicant's UAS inthe construction industry & business.

# Sin'PJJJ~ Richard Kroos, President

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