1 January 13 , 201 5 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 & Compa ny, 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 c ontrolled

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 b y 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 operatio n 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. 91.1212 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 s UAS s
, 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 S ecretary in determining whether

s UAS 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

s 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).

K espry’s s UAS 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 s UAS 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 s UAS to commence immediately.

Also due to the small size of the s UAS and the low altitude s and restricted areas in which

the s UAS 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 th e requested exemption without delay.3 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 signif icant safety precautions in low risk environments.

The use of s UAS on a construction site can significantly reduce the risk to workers of falls while inspecting, surveying, or monitoring site progress. s 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 fatality and injury on

construction sites 1 , and reducing falls through s UAS use for site imaging coul d save

workers lives.

Additionally, s UAS could replace the use of helicopters and small aircraft to

monitor sites. The s UAS we propose to fly in this application are under five pounds, and carry no combustible material on board , as opposed to the much lar ger conventionally powered small aircraft

. Shifting to s UAS from helicopters presents a marked safety increase for our workers and the public

. Lastly, s UAS reduce the environmental impact by dramatically decreasing the energy used for aerial imaging and d ata collection over a construction site. Our s UAS use rechargeable lithium polymer batteries, as opposed to foss il fuels burned in operation of small aircraft that are many hundreds of times heavier.

III. EQUIVALENT LEVEL OF SAFETY

Kespry proposes that th e 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 st ructure 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 s UAS operations under an FAA issued exemption:

1. The s UAS will be less than 10 pounds.

2. Flights will be operated within visual line of sight of a n operator

. 3. Maximum total flight time for each op erational 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.html4 4. Flights will normally be o perated 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. C rew for each operation will consist of the s UAS Operator who will keep the s UAS within his visual line of sight at all times.

7. The s UAS Operator will be trained in flight, operations, and safety procedures as detailed in the Flight Manual

. 8. The s UAS will o nly 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 s 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, and t he operator will obt ain

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 UAS s 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 enf orcement, fire, or other appropriate governmental agencies.

14. If the s UAS 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 s UAS will not carry a n operator or passengers, the proposed operations can achieve the equivalent level of safety of current operations by requiring the Op erator operating the aircraft to have completed a s UAS 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 s UAS is remotely controlled with no living thing or cargo on board. Kespry’s sUAS is also operated by an auto pilot , which greatly reduces the danger of human error. The area of

o peration is controlled and restricted to hard hat areas , and all flights are planned and

coordinated in advance as set forth in the Manual.5 The sUAS to be operated hereunder is less than 10 lbs. fully loaded, carries neither a n operator nor passenger, car ries 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 operati ons.

The risks associated with the operation of the s UAS are therefore diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted, and allowing operations of the s UAS as requested with a n 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 requirement s, 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 es tablishes 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 helicopter s 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

s UAS will never operate at altitude higher than 4 00 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 equivalen t level of safety will be achieved given the size, weight, speed of the s UAS 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 propert y 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 w ill not carry flammable fuel. In addition, the low

- altitude operations of the sUAS will ensure separation between s UAS operations and the operations of conventional aircraft that must comply with Section 91.119.6 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 show n 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 s UAS 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 s UAS ’s proposed flight area and the location of its proposed operations within a predeter mined 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 s UAS , 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, do es 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.

A n equ ivalent level of safety can be achieved by limi ting flights to 30 minutes

, or enough battery reserve to ens ure 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 in7 compliance with Part 43.

Given that thes e section s 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 s UAS 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 s UAS 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 s UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any maintenance performed. Moreover, the Opera tor 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 as sociated with manned aircraft flights.

The operation of small s 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.

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