.I une 19, 2015



### U. S. Department of Transportation Docket Management SystemF 1200 New Jersey Ave., SE

WaSI1111bt011 , DC 20590



### Dear Sir ol - Madam:
Attached please find McCarthy Building Companies, Itic.'s request for an exemption fi

- om the listed Federal Aviatioll Regulations to allow conlmercial operation of its Small Unmanned Aircraft Systems ("sUASs") for aerial imaging fol -safety aild nlonitoring of secured and controlled construction sites. Tllis exemption request is exclusively for the use of the UAS manufactured by Kespry, Inc., a Menlo Park based conlpany, a11d DJI, a Shenzllen, Cllina based company.
Also attaclled to this letter is the Kespry UAS Flight Manual, which outlilles the opel

- ating recluirements, limitations, and technical specifications for the Kespry system; and DJI flight manuals for the Inspir e 1, the Pllanto111 Vlslon 2, alld tlle Pllallto111 V1s1oI1 

### 3. McCarthy has reviewed these manuals and has found them to be acceptable for sUAS operatiorls on its secure project sites. McCarthy submits the Kespry Fligllt Manual as a Confidential docunlent Llnder 14 CFR 11.35 (b) as the entir e 111allual conta111s propr 

### ietary infoi

- nlation that the applicant,has not and will not share with otllers. The Manual contains operating conditions and procedures that are tlot available to the public and are protected fr o111 r 

### elease under the Freedom of Information Act 5 USC 552 et. seq.

Tllallk yoLl fOI -yOl,lF tllllC alld collsldel

- at1011, ailcl 1)leaSe let llle kllOw 1l` yOLI ha%'l', ally C1Llest1011s.



### Siticerely,

Ryall Heeter MCCartlly Bulld111g Colllpa111es, lllc.



### Gabriel Dobbs Kespry, Inc.

~ 

### Ij Jt

~ 

### 4Jwie 11, 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); 91.1 19; 91.121; 91.151(a); 91.405 (a); 91.407(a) (1); 91.409 (a) (2); 91.417 (a) & (b).
Dear Sir or Madam:

PrIrsuant to Section 333 of the FAA Moderuization and Reform Act of 2012 (the Refonn Act) and 14 C.F.R. Part 11, McCarthy Building Companies, Inc., a construction couipany, hereby applies for an exemption fiom 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 establislied 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 of sUAS under controlled conditions in airspace that is 1) limited 2) predetermined 3) controlled as to access and 4) would provide safety enhaneements to the already best practices safety protocols followed by McCartliy at each one of its construction sites. Approval of this exemption would thereby enhance safety and fulfill the Secretary of Transportation's (tlie FAA Administrator's) i

- esponsibilities 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: McCarthy Building Companies, Inc. 1341 N Rock Hill Rd St. Louis, Missouri 63124-1498 PH: 314/968-3300 Email: mlawson@mccarthy.com

Regulations from which the exemption is requested:

14 C.F.R. Part 211' 14 C.F.R. 45.23(b)F 14 C.F.R. 61.113 (a) & (b) 14 C.F.R. 91.7 (a)F 14 C.F.R. 91.9 (b) (2)1 14 C.F.R. 91.103F 14 C.F.R.91.1091 14 C.F.R. 91.119F 14 C.F.R.91.121f14 C.F.R. 91.151 (a)

~ -- 14 C.F.R. 91.203 (a) & (b) 14 C.F.R. 91.405 (a)r 14 C.F.R. 407 (a) (1);7 14 C.F.R. 409 (a) (2) — 14 C.F.R.417 (a) & (b)

1. STATUTORY AUTHORITY FOR EXEMPTIONS The Federal Aviation Act expressly grants the FAA authority to issue exemptions. This statutory autliority 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 requirenient of a regttlation prescribed under subsection (a) or (b) of this section or any sections 44702-44716 of this title if the Administratorfinds tlte exemption in the public interest. 49 U.S.C. §44701(f) See also 49 USC §4471 L(a); 49 USC §44704; 14 CFR §91.203(a) (1). Section 333(b) of the Reform Act assists the Secretary in detertnining wliether 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 detennines that a sUAS "may operate safely in the national airspace system, the Secretary shall establisli requirements for the safe operation of such aircraft in the natioual airspace system." Id. §333(c). Kespry and DJI's sUAS are multirotor vehicles, weighing 10 or fewer Ibs. 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 simuttaneously. The sUAS will operate only in the Pilot's visual line of sight at all times and will operate only witliin the sterile area described in the Confidential Kespry Flight Manual, attached as Exliibit 1(hereinafter "the Manual") or on private property with ttie property owner's permissiou. 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 wliich 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 imnlediately. 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 surtrounding the proposed operations, atid the significant public benefit, including enhanced safety, the grant of the requested exemptions is in the public interest. Accordingly, McCarthy respectfiilly requests that the FAA grant the requested exemption without delay.11. 1'UBLIC INTEREST

This exemption application ie expressly subniitted 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 precautious 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 soLirce of workplace fatality and injury on construction sites i , and reducing falls through sUAS use for site in2aging 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 tmder five pounds, and carry no combustible tnaterial 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 litliium polymer batteries, as opposed to fossil fuels burned in operation of small aircraft that are many hundreds of times heavier.

111. EQUiVALENT LEVEL OF SAFETY McCarthy proposes that the exenlption requested herein apply to sUAS that have the characteristics and that operate with the Iimitations listed hereia. These liniitations 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. McCarthy will be bound by the following limitations when conducting its sUAS operations under an FAA issued exemption: I. The sUAS will be less than 10 poands. 2. Flights will be operated witliin visual line of sight of a pilot. 3. Maximum total flight time for each operational fliglit will be 30 minutes. The UAS calculates battery reserve in real time, and will return to its GPS determined takeoff

1 "Commonly Used Statistics", Occupational Safety & Health Adniinistration. Available at: https://www.osha.gov/oshstats/comntonstats.htmllocation with at least 20% battery power reserve should that occur prior to the 30

tninute limit. 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 witliout 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 wlio will keep tlie sUAS within his visual line of sight at all times. 7. The sUAS Pilot will be trained in fligllt, operations, and safety procedures as detailed in the Flight Manual. 8. The sUAS will only operate witliin a confined "Sterile Area" as detined in the Manual. The Manual also requires the establishment of a"Security Perimeter" for the fliglit 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 persomiel who will be performing duties within the boundaries of the safety perimeter be present for this brieting. 10. AII 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 liave been trained in operation of UASs 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 perulission from the relevaut property liolders will be obtained. 13. AII required permissions and permits will be obtained froni territorial, state, county or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies. 14. If the sUAS loses conununications 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 conrnrand

Sections 61.113 (a) &(b) limitprivate 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 cunent operations by requiring the Pilot operating the aircraft to have (1) completed a sUAS flight training course of ] 00 hours before flying a sUAS (See Section F of the Manual for more details) and (2) a Sport Pilot certificate. The FAA has previoasly acknowledged in prior grants of exemption under Section 333 that a commercial 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 addresses 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 SportPilot certihcate also does not reqaire 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 aireraft that carries the pilot 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 eiror. 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 Ibs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials or flanimable liquid ftiels, 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 Iocal 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 diminislied fcom the level of risk associated with cotnmercial operations contemplated by Part 61 when drafted, and allowing operations of the sUAS as requested with a Pilot who has met the minimunl requirements stated in Section F of the Manual achieves the level of safety contemplated by 14 C.F.R. 561.113 (a) &(b).

14 C.F.R. 91.103: Pretlight Action

This regulation requires each pilot in command take certain actions before flight to ensui

- e the safety of flight. An exemption is needed from this requirement as tlie Pilot will take separate preflight actions, including checking for weatlier 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: Mininrunt Safe Altitudes

Section 9 1.1 19 establishes safe altitudes for operation of civil aireraft. Sectiou 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 niultirotor 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 witllout their pre-obtained consent. See Manual for detailed procedures.

5The equivalent level of safety will be achieved given the size, weiglit, 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 individcnals will be aware of the planned flight operations. Unlike flight operations with aircraft or rotorcraft weighing far more tlian the inaximum 10 ]bs. proposed herein, our sUAS will not carry flammable fuel. fn addition, the low-altitude operations of the sUAS will ensure separation between sUAS operations and the operations of conveutional 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 departhu'e airport or an appropriate altimeter setting available before departure." As the sUAS may not liave 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, put'suant to the Manual and Safety Check list, confrming the altitude of the launch site sllown 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 reqairements for beginning a flight in VFR conditions. Our sUAS is limited to operations in sterile and controlled environments as oirtlined in the Manual, and has a limited range and flight time which require au exeniption from 14 CFR 91.151(a).
The battery powering the sUAS provides approxitnately 35 minutes of powered tlight. To meet lhe 30 minute reserve requirement in 14 CFR §91.151, sUAS flights would be limited to approximately 5 minutes in lengtli. Given the limitations on the sUAS's proposed fliglit area and the location of its proposed operations within a predetennined area, a longer time frame for flight iu daylight or niglit VFR conditions is reasonable.
McCarthy 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 witliout compliance witli FAR 91.151 (a)). Operating the small sUAS, in a tightly controlled area wliere only people and property owners or official representatives wllo have signed waivers will be allowed, with less tlian 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 fliglits to 10 minutes would greatly reduce the utility for wliich the exemption will be granted.
An equivalent level of safety can be achieved by limiting flights to 30 minurtes, or enough battery reserve to ensiire that the sUAS lands at the GPS determined takeoff location with at least 20% of battery power (as determined by the onboard monitoring system aud tlle Pilot), whichever happens first. This restriction would be more than adequate to return the sUAS to its planned landing zone from anywllere in its limited operating area.

6Similar exemptions have been granted to other operations, including Exemptions 2689F,

5745, 10673, and 10808.
14 CFR 91.405 (a); 407 (a)(l); 409 (a)(2); 417 (a) &(b): Maintenanee 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, liave discrepancies repaired as prescribed in part 43 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 airwortltiness certificate, these sections will not apply to McCarthy. 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 sniall sUAS are very limited in size and will carry a small payload and operate only in restricted areas for limited periods of time. If inechanical issues arise the sUAS can land immediately and will be operating from no Iiiglier than 400 feet AGL. As provided in the Manual, the Pilot will ensure that the sUAS is in working order prior to initiating tliglit, perform required maintenance, and keep a log of any maintenauce performed. Moreover, the Pilot is the person most faniiliar 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 firom 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 (551bs or less) in construction operations.
Approval of exemptions allowing commercial operations of sUAS in the construction industry enliances safety wliile reducing risk. Matuied aircraft monitoring and surveying creates a greater risk because the craft are nwch larger, have combustible fuel, and carry an onboard human pilot. In contrast, a sUAS weighiug fewer tlian 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 thenl to the risks associated with manned aircraft flights.
The operation of small sUAS, weighing less than LO ]bs., conducted in the strict conditions outlined above, will provide an equivalent level of safety supporting the grant of the exemptions requested lierein, including exempting the applicant from the requirements of Part 21 and allowing conunercial operations. These lightweight aireraft operate at slow speeds, close to the ground, and in a sterile enviromnent and, as a result,

### are far safer than conventional operations conducted with turbine helicopters operating in

close proxinlity to the groiind and people.

I'riN'Ificy


### nll iliglits will occur over private or controlled access property with t11e property owner's pi

- ioi - consent and knowledge. Images taken will be of individuals who liave also consented to being filmed or otllerwise 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 of 2012--size, weight, speed, operating capa.bilities, coiltrolled oper atlng enviro11n1ellt and oper 

### ation witllin visual line of sight and national security — provide more than adequate justification for the grant of the requested exemptions allowing commercial opei

- ation of applicant's sUAS in construction industry pursuant to the Manual appendeci llei

- eto.

Sillcci

- ely,

Ryan Heetei - McCarthy Buildiil
~~ Co111p2111es, Inc.

Gabriel Dobbs Kcsl)ry, Illc.

3