January 6, 2015 U.S. Department ofTransportation DocketManagement SystemD 1200 NewJersey Ave., SE Washington, DC 20590

Dear Sir or Madam:
Attached please find APAC Central, Inc.'s request for an exemption from the listed Federal Aviation Regulations to allow commercial operation ofits Small Unmanned Aircraft Systems ("sUASs") for aerial imaging for safety and monitoring ofsecured and controlledjob sites. This exemptionrequest is exclusively for the use ofthe UAS manufactured by Kespry, Inc., a Menlo Park based company.
Also attached to this letter is the Kespry UAS Flight Manual, which outlines the operating requirements, limitations, and technical specifications for the Kespry system. APAC Central has reviewed this Manual and has found it to be acceptable for sUAS operations on its secure project sites. APAC Central submits this manual as a Confidential document under 14 CPR 11.35 (b) as the entire manual contains proprietary information that the applicant has not and will not share with others. The Manual contains operating conditions and procedures that are not available to the public and are protected from release underthe Freedom oflnformationAct 5 USC 552 et. seq.
Thank you for your time and consideration, andplease let me know ifyou have any questions. 

# Sinereltu:•

Cline APAC Central, Inc.

Gabriel Dobbs Kespry, Inc.January 13, 2015 U.S. Department ofTransportation Docket Management SystemO 1200 NewJersey Ave., SE Washington, DC 20590

Re: Exemption Request Section 333 ofthe FAAReform Act and Part 11 ofthe 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:

Pursuantto Section 333 ofthe FAA Modernization and Reform Act of2012 (the Reform Act) and 14 C.F.R. Part 11, APAC Central, Inc., a construction materials company, hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation ofits Small Unmanned Aircraft Systems ("sUAS") for aerial imaging for safety and monitoring ofsecured and controlled environmentjob sites, so long as such operations are conducted within and under the conditions outlined herein or as may be established bythe FAA as required by Section 333. As detailed inthis document and the attached Flight Manual, the requested exemption would permitthe operation ofsUAS under controlled conditions in airspace that is 1) limited 2) predetermined 3) controlled as to access and 4) wouldprovide safety enhancements to the already bestpractices safety protocols followed byAPAC Central at each one ofitsjob sites. Approval ofthis exemption would thereby enhance safety and fulfill the Secretary ofTransportation's (the FAA Administrator's) responsibilities to "

...establishrequirements for the safe operation ofsuch aircraft systems inthe national airspace system." Section 333(c) ofthe Reform Act. The name and address ofthe applicant is: APAC Central, Inc. 755 E. Millsap Road, Fayetteville, AR 72703 PH: 479-301-8367 Email: murry.cline@apac.com Regulations from whichthe exemption is requested:
14 C.F.R. Part 210 14 C.F.R. 45.23(b)O 14 C.F.R. 61.113 (a) 

### & (b) 14 C.F.R. 91.7 (a)O 14 C.F.R. 91.9 (b) (2)0 14 C.F.R. 91.1030 14 C.F.R. 91.1090 14 C.F.R. 91.1190 14 C.F.R. 91.1210 14 C.F.R. 91.151 (a)

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D14 C.P.R. 91.203 (a) & (b) 14 C.P.R. 91.405 (a)D 14 C.P.R. 407 (a) (1)0 14 C.P.R. 409 (a) (2)0 14 C.P.R. 417 (a) & (b)

I. STATUTORY AUTHORITY FOREXEMPTIONS 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 ofthe 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 ofa regulation prescribedunder subsection (a) or (b) ofthis section or any sections 44702-44716 ofthis title ifthe Administrator finds the exemption inthe public interest. 49 U.S.C. §44701(±) See also 49 USC §44711(a); 49 USC §44704; 14 CPR §91.203(a) (1). Section 333(b) ofthe Reform Act assists the Secretary in determining whether sUAS may operate inthe National Airspace System (NAS) without creating a hazardto the user, the public, or a threat to national security. Ifthe Secretary determines that a sUAS "may operate safely inthe national airspace system, the Secretary shall establish requirements for the safe operation ofsuch aircraft inthe national airspace system." 

### !d. §333(c). Kespry's sUAS are multirotor vehicles, weighing 10 orfewer lbs. including payload. They operate under normal conditions at a speed ofno more than 50 knots and have the capability to hover, and move inthe vertical and horizontal plane simultaneously. The sUAS will operate only inthe Operator's visual line ofsight at all times and will operate only withinthe sterile area described inthe 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 ofthe national airspace system or the public." Reform Act Section 333 (b). Given the small size ofthe sUAS involved and the restricted and sterile environment within which they will operate, our application falls squarely within the
zone ofsafety (an equivalent level ofsafety) in which Congress envisionedthat the FAA must, by exemption, allow commercial operations ofsUAS to commence immediately. Also due to the small size ofthe sUAS and the low altitudes and restricted areas inwhich the sUAS will operate, approval ofthe application presents no national security issue. Given the clear direction in Section 333 ofthe Reform Act, the authority contained inthe Federal Aviation Act, as amended; the strong equivalent level ofsafety surrounding the proposed operations, and the significantpublic benefit, including enhanced safety, the grant ofthe requested exemptions is inthe public interest. Accordingly, Kespry respectfully requests thatthe FAA grantthe requested exemption without delay.

II. PUBLIC INTEREST

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This exemption application is expressly submitted to fulfill Congress' goal in passing Section 333(a) through (c) ofthe Reform Act. This law directs the Secretary of Transportation to consider whether certain unmanned aircraft systems may operate safely inthe NAS before completion ofthe rulemaking required under Section 332 ofthe Reform Act. By granting an exemptionthe FAA will fulfill Congress's intent ofallowing UAS to operate with significant safetyprecautions in lowrisk environments. The use ofsUAS on a construction site can significantly reduce the riskto workers offalls while inspecting, surveying, ormonitoring site progress. sUAS can inspect, photograph, and collect data onhardto get to areas that otherwise would require worker inspection. Falls are a leading source ofworkplace fatality and injury on construction sites 1

, and reducing falls through sUAS use for site imaging could save workers lives. Additionally, sUAS could replace the use ofhelicopters and small aircraft to monitor sites. The sUAS we propose to fly inthis 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 polymerbatteries, as opposed to fossil fuels burned in operation of small aircraftthat are many hundreds oftimes heavier.



### III. EQUIVALENT LEVEL OF SAFETY Kespry proposes that the exemptionrequested 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 evenhigher level ofsafety 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 boundbythe 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 ofsight ofan operator. 3. Maximum total flight time for each operational flight will be 30 minutes. The UAS calculates battery reserve inreal time, and will return to its GPS determined takeoff location with at least 20% batterypowerreserve shouldthat occurpriorto the 30 minute limit. 4. Flights will normally be operated at an altitude of200 feet AGL, never exceeding 400 feet AGL.

1 "Commonly Used Statistics", Occupational Safety & HealthAdministration.Available at: https:/fwww.osha.gov / oshstats/commonstats.html



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5. Any site within 5 miles ofan airport will notbe flown without notification and approval ofthe local FAAFlight Standards District Office (FSDO) and airport controller. 6. Crew for each operation will consist ofthe sUAS Operator who will keep the sUAS withinhis visual line ofsight at all times. 7. The sUAS Operator will be trained inflight, operations, and safety procedures as detailed inthe Flight Manual. 8. The sUAS will only operate within a confined "Sterile Area" as defined inthe Manual. The Manual also requires the establishment ofa "Security Perimeter" for the flight operations area. 9. A briefing will be conducted inregard to the planned sUAS 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 consentto the UAS flyover, and the operator will obtain additional verbal or written consent ofall persons who will be allowed within 100 feet ofthe flight operation. 11. Operator will have beentrained in operation ofUASs generally and received up-todate information on the particular UAS to be operated as required by Section F ofthe Manual. 12. Written and/or oral permission from the relevant property holders will be obtained. 13. All required permissions andpermits will be obtained from territorial, state, county or cityjurisdictions, including local law enforcement, fire, or other appropriate governmental agencies. 14. Ifthe sUAS loses communications or loses its GPS signal, it will have capabilityto enterreduce its hoverthrottle and enter a controlled descent.


### IV. DESCRIPTION OF SPECIFIC REGULATIONS

14 CFR61.113 (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 ofsafety ofcurrent operations byrequiring the Operator operating the aircraft to have completed a sUAS flight training course. The Kespry sUAS training course requires the Operatorto have the requisite training and understanding of the National Airspace Systemto operate safely.
Unlike a conventional aircraft that carries the operator and passengers, the sUAS is remotely controlled with no living thing or cargo onboard. Kespry's sUAS is also operatedby an autopilot, which greatly reduces the danger ofhuman error. The area of operation is controlled and restrictedto hardhat areas, and all flights are planned and coordinated in advance as set forth inthe Manual.
The sUAS to be operated hereunder is less than 10 lbs. fully loaded, carries neither an operator norpassenger, carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured area as set out inthe Manual. Like other civil

4aircraft, operations under this exemption will be tightly controlled and monitored bythe operator, pursuantto the Manual'srequirements, 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 ofall operations.
The risks associated with the operation ofthe sUAS are therefore diminished from the level ofrisk associated with commercial operations contemplatedby Part 61 when drafted, and allowing operations ofthe sUAS as requested with an Operator who has met the minimumrequirements stated in Section F ofthe Manual achieves the level ofsafety contemplatedby 14 C.P.R. §61.113 (a) & (b).

14 C.F.R. 91.103: PreflightAction
This regulationrequires each operator in commandtake certain actions before flight to ensure the safety offlight. 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 takeoffand landing distances, and all other actions inthe Preflight Checklist inthe Manual. These actions will provide an equivalent level of safety. See Appendix A ofthe Manual.

14 C.F. R. 91.119: Minimum Safe Altitudes
Section 91.119 establishes safe altitudes for operation ofcivil aircraft. Section 91.119 (d) allows helicopters to be operated at less thanthe minimums prescribed, providedthe person operating the helicopter complies with any route or altitudes prescribed for helicopters bythe FAA. This exemption is for a multirotor craft that flies similarlyto a helicopter, with vertical take offand vertical landing, which will typically operate at altitudes of200 AGL, so an exemption may be needed to allow such operations. The sUAS will never operate at altitude higher than400 AGL and will be in a restricted area with securityperimeter, where buildings and people will notbe exposed to operations without theirpre-obtained consent. See Manual for detailed procedures.
The equivalent level ofsafety will be achieved given the size, weight, speed ofthe sUAS
as well as the location where it is operated. No flight will be taken without the permission ofthe property owner or local officials. Because ofthe advance notice to the property owner and any onsite personnel as outlined inthe Manual, all affected individuals will be
aware ofthe planned flight operations. Unlike flight operations with aircraft or rotorcraft weighing far more than the maximum 10 lbs. proposedherein, our sUAS will not carry flammable fuel. In addition, the low-altitude operations ofthe sUAS will ensure separationbetween sUAS operations and the operations ofconventional aircraft that must comply with Section 91.119.

14 C.F.R. 91.121: Altimeter Settings



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This regulation requires eachperson operating an aircraft to maintain cruising altitude by reference to an altimeter that is set "

...to the elevation ofthe 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 ofsafety will be achieved bythe operator, pursuant to the Manual and Safety Check list, confirming the altitude ofthe launch site shown onthe GPS altitude indicator before flight.
14 CFR91.151 (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 limitedrange and flight time whichrequire an exemption from 14 CPR 91.151(a).
The battery powering the sUAS provides approximately 35 minutes ofpowered flight. To meetthe 5 minute reserve requirement in 14 CPR §91.151, sUAS flights would be limited to approximately 30 minutes in length. Giventhe limitations onthe sUAS's proposed flight area and the location ofits proposed operations within a predetermined area, a longertime frame for flight in daylight ornight VFR conditions is reasonable. Kespry believes that an exemption from 14 CPR §91.151(a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporationto operate without compliance with FAR91.151 (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 ofreserve fuel, does not engender the type ofrisks that Section 91.151(a) was intended to alleviate given the size and speed ofthe small UAS. Additionally, limiting sUAS flights to 10 minutes would greatly reduce the utility for whichthe exemption will be granted.
An equivalent level ofsafety canbe achieved bylimiting flights to 30 minutes, or enough battery reserve to ensure that the sUAS lands at the GPS determined takeofflocation with at least 20% ofbatterypower (as determined bythe 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 CFR91.405 (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 ofthis part and shall betweenrequired inspections, except as provided inparagraph (c) ofthis section, have discrepancies repaired as prescribed inpart 43 ofthis chapter

...," and others shall inspect or maintain the aircraft in compliance withPart 43.

6Giventhatthese sections and Part 43 apply onlyto aircraft with an airworthiness certificate, these sections will not apply to Kespry. Maintenance will be accomplished by the operatorpursuantto the flight manual and operating handbook as referenced inthe Manual. An equivalent level ofsafety will be achieved because these small sUAS are very limited in size and will carry a small payload and operate only inrestricted areas for limited periods oftime. Ifmechanical issues arise the sUAS canland immediately and will be operating from no higher than 400 feet AGL. As provided inthe Manual, the Operator will ensure thatthe sUAS is inworking orderpriorto initiating flight, perform required maintenance, and keep a log ofany maintenance performed. Moreover, the Operator is the person most familiar withthe aircraft andbest suited to maintainthe aircraft in an airworthy conditionto provide the equivalent level ofsafety. 

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Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication inthe Federal Register, should it be determined thatpublication is needed: Applicant seeks an exemption from the following rules: 14 C.F.R. §21, subpart H; 14 C.F.R45.23(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 orless) in construction operations. Approval ofexemptions allowing commercial operations ofsUAS 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 poweredbybatteries eliminates virtually all ofthat risk giventhe reduced mass and lack ofcombustible fuel carried onboard. The sUAS will carry no passengers or crew and, therefore, will not expose them to the risks associated withmanned aircraft flights.
The operation ofsmall sUAS, weighing less than 10 lbs., conducted inthe strict conditions outlined above, will provide an equivalent level ofsafety supporting the grant ofthe exemptions requested herein, including exemptingthe 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 saferthan conventional operations conducted withturbine helicopters operating in close proximityto the ground and people. Privacy
All flights will occur overprivate or controlled access property with the property owner's prior consent and knowledge. Images taken will be ofindividuals who have also consentedto being filmed or otherwise have agreedto be inthe areawhere aerial photography will take place. 

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7Satisfaction ofthe criteriaprovided in Section 333 ofthe Reform Act of2012--size, weight, speed, operating capabilities, controlled operating environment and operation withinvisual line ofsight and national security -provide more than adequatejustification for the grant ofthe requested exemptions allowing commercial operation ofapplicant's sUAS in construction industrypursuantto the Manual appendedhereto.

Sincerely,

Murry Cline APAC Central, Inc.

Gabriel Dobbs Nespry, Inc.



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