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January 13, 2015

U. S. Department of Transportation 

Docket Management System

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; 

91.151(a); 91.405 (a); 91.407(a) (1); 91.409 (a) (2); 91.417 (a) & (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, Mark Thomas & Company, Inc., a surveying

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 job 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 Mark Thomas & 

Company, Inc. at each one of its job 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:

Mark Thomas & Company, Inc.

1960 Zanker Road

San Jose, CA 95112

PH: (916) 381-9100

Email: mstringer@markthomas.com

Regulations from which the exemption is requested:

14 C.F.R. Part 21

14 C.F.R. 45.23(b)

14 C.F.R. 61.113 (a) & (b) 

14 C.F.R. 91.7 (a)

14 C.F.R. 91.9 (b) (2)

14 C.F.R. 91.103

14 C.F.R. 91.109

14 C.F.R. 91.119

14 C.F.R. 91.121
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14 C.F.R. 91.151 (a)

14 C.F.R. 91.203 (a) & (b) 

14 C.F.R. 91.405 (a)

14 C.F.R. 407 (a) (1)

14 C.F.R. 409 (a) (2)

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 §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). 

Kespry’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 

simultaneously. The sUAS will operate only in the Operator’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”). Such 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 

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 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 of the requested exemptions is in the public interest. 

Accordingly, Kespry respectfully requests that the FAA grant the requested exemption 

without delay.
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II. 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 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 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

Kespry 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.

Kespry 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 an operator. 

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. 

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

https://www.osha.gov/oshstats/commonstats.html
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4. Flights will normally be operated at an altitude of 200 feet AGL, never exceeding 400 

feet AGL. 

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 (FSDO) and airport 

controller.

6. Crew for each operation will consist of the sUAS Operator who will keep the sUAS

within his visual line of sight at all times.

7. The sUAS Operator 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 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. 

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. Operator will have been trained in operation of UASs generally and received up-todate 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 

governmental 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 operator privileges and limitations: Operator in 

command

Because the sUAS will not carry an operator or passengers, the proposed operations can 

achieve the equivalent level of safety of current operations by requiring the Operator

operating the aircraft to have completed a sUAS flight training course. The Kespry sUAS 

training course requires the Operator to have the requisite training and understanding of 

the National Airspace System to operate safely. 

Unlike a conventional aircraft that carries the operator and passengers, the sUAS is 

remotely controlled 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. 
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The sUAS to be operated hereunder is less than 10 lbs. fully loaded, carries neither an

operator 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 an Operator 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 operator in command take certain actions before flight to 

ensure the safety of flight. An exemption is needed from this requirement as the Operator

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 

of the 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 

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.
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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 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 Manual, and has a limited range and flight time which require an exemption from 14 

CFR 91.151(a).

The battery powering the sUAS provides approximately 35 minutes of powered flight. To 

meet the 5 minute reserve requirement in 14 CFR §91.151, sUAS flights would be 

limited to approximately 30 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.

Kespry believes that an exemption from 14 CFR §91.151(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 91.151(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 takeoff location with 

at least 20% of battery power (as determined by the onboard monitoring system and the 

Operator), whichever happens first. This restriction would be more than adequate to 

return the sUAS to its planned landing zone from anywhere in its limited operating area.

Similar exemptions have been granted to other operations, including Exemptions 2689F, 

5745, 10673, and 10808.

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 
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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 Kespry. 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 

Operator 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 

Operator 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 operator. 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 

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.

Privacy

All flights will occur over private or controlled access property 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 aerial