LYMAN-RICHEY SAND & GRAVEL COMPANY 

A Suboidiary of Lymgn·Richey CorporaHon 

91 0 N. 26.4• Street • Waterloo, NE 68069 

(402) 359-5828 • fgx (402) 359-9276 

January 26, 2016 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Avenue SE 

Washington, DC 20590 

To whom it may concern: 

Lyman Richey Sand and Gravel (LRSG), a subsidiary of Lyman Richey Corporation is applying for and exemption from 

regulations detailed below in order to conduct aerial surveys of company owned mining operations and property 

inspections with a small unmanned aerial vehicle (sUAV). The phantom 3 advanced, manufactured by DJI will be used 

for the surveying operations. The ultimate use of the sUAV is directly related to the safety of our employees surveying 

the mining operations. Current survey methods subject personnel to be in areas where truck and equipment traffic are 

high, using a sUAV the operator would be able to stand in a safe location to conduct the survey with the drone flying 

around 200ft above ground. In addition to creating a safer working environment, sUAV surveying method is 

comparatively, just as or more accurate than the current laser methods using innovative photogrammetric software. 

The request for exemption would authorize Lyman Richey Sand and Gravel to perform operations with a sUAV in 

company owned areas. Though the drone surveying will contribute to the commercial sales of sand and gravel products, 

the data collects for mining management will be private information and no sale of the data will be conducted. 

Use of the sUAV will be performed by an employee, trained engineer with full understanding of the areas in which these 

practices may be conducted. The sites under consideration are well suited for save and efficient use of sUAV's due to 

low populated surrounding areas. 

In reference to Title 14 CFR, Part 91, the following sections are requested in exemption: 45.23, 45.29, 

61.113 (a) & (b), 91.119 (c), 91.121 (a), 91.151 (a) (1), 91.405 (a) & (b), and Subpart E (91.401- 91.417) 

LRSG requests an exemption from the following regulations as well as any additional regulations that may technically 

apply to the operation ofthe DJI Phantom 3 sUAV 

§45.23 Display of marks; general & §45.29 Size of marks. 

LRSG requests exemption under sections 45.23 and 45.29 due to the very small size of the sUAV, making it 

impossible to fulfill these marking requirements. 

§61.113 Private pilot privileges and limitations: Pilot in command. 

(a) Except as provided in paragraphs (b) through (h) of this section, no person who holds a 

private pilot certificate may act as pilot in command of an aircr·aft that is carrying passengers 

or property f'or compensation or hire; nor may that peJ'son, fo1· compensation or hil'e, act as pilot 

in command of an aircraft. 

(b) A private pilot may, for compensation or hire, act as pilot in command of an ail'craft in 

connection with any business or employment if: 
(1) The flight is only incidental to that business or employment: and 

(2) The aircraf"t does not ca.r.ry passengers or property for compensation o.r hire. 

LRSG seeks exemption under section 61.113 (a) & (b) due to the fact that the aircrafts are unmanned and are 

preprogrammed to fly autonomously. LRSG proposes that operators of the sUAV should not be required to 

hold a commercial or private pilot certification. Instead the operators should be required to have a valid state 

driver's license, which shows competence in following safe instructions for a man controlled vehicle be it with 

tires or in air. 

§91.119 Minimum safe altitudes: General. 

Except when necessary for takeoff' or landing, no person may operate an aircraft below the 

following altitudes: 

(c) Over other than congested aJ"eas. An altitude of 500 feet above the surface, except over open 

water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 

500 feet to any person, vessel, vehicle, or structure. 

LRSG seeks exemption under section 91.119. HSG requests authority to operate up to 400ft above surface in 

order to obtain sufficient data. sUAV operations will be conducted in secure perimeters where buildings and 

people will not be exposed to operations without their consent. In the event of a power source malfunction, the 

sUAV will cause minimal damage. The DJI Phantom is considerably light, Weighing at 1280g and LRSG 

employees operate in covered cabs and are required to wear hardhat, safety 

glasses, and steel toe boots when not under cover. 

§91.121 Altimeter settings. 

(a) Each person operating an aircraft shall maintain the cruising altitude or f1ight level of that 

aircraft, as the case may be, by ref"erence to an altimeter that is set; when operating-

(1) Below 18, 000 f'eet MSL, to-

(i) The current reported altimeter setting of a station along the route and within 100 nautical 

miles of" the aircraft; 

(ii) If" there is no station within the area prescribed in paragraph (a) (1) (i) of this section, the 

current reported altimeter setting of" an appropriate available station; or 

(iii) In the case of an aircraft not equipped with a radio, the elevation of the depa~·ture airport 

or an appropriate altimeter setting available before departuTe; or 

(2) At o~· above 18, 000 feet M5'L, to 29. 92"' Hg. 

LRSG seeks exemption under section 91.121 due to the fact that the sUAV may not have a barometric 

altimeter. Instead it has a GPS altitude readout. However the Phantom is rated to hover at the specified 

altitude with only a 0.5ft variance. 

§91.151 Fuel requirements for flight in VFR conditions. 

(a) No person may begin a f"light in an airplane under VFR conditions unless (considering wind and 

forecast weather conditions) there is enough fuel to t1y to the first point of intended landing 

and, assuming normal cruising speed-

(1) During the day_, to fly af"teT that for at least 30 minutes; or 

(2) At night, to fly after that !"or at least 45 minutes. 

LRSG requests exemption under section 91.151 (a) because the sUAV is electric powered. The LRSG 

operator will be cautious not to start a flight while having a low battery. The manufacturers have also integrated 

remote low and critical battery warnings and implemented an autonomous "return to home" action in these 

situations. 

§91.401 • §91.417 Maintenance required, Preventive Maintenance, and Alterations 

The regulation provides that the operator is primarily responsible for maintaining the aircraft in 

an airworthy condition, including compliance with Parts 39 and 43. Paragraphs 91 A07 and 91 
.409 require the aircraft to be "approved for return to service by a person authorized under 43. 7" 

after maintenance and inspection. Section 91.409 requires an annual inspection for the issuance of an 

airworthiness certificate. Section 91 A 17 requires the owner or operator to keep records showing certain 

maintenance work that has been accomplished by certificated mechanics, under Part 43, or licensed pilots and 

records of approval of the aircraft for return to service. 

LRSG proposes that the maintenance and inspection of the sUAV be conducted by the operator according to 

the manufacturer's user manual. Inspections should be conducted before and after every flight. Only aircraft 

with an airworthy certificate apply to these sections and Part 43.The operator will ensure that the maintenance 

will be performed to allow proper working order and keep a log of any maintenance performed. 

LRSG sincerely thanks the FAA for consideration of this request for exemption as outlined by Section 333 of 

the FAA Modernization and Reform Act of 2012. 

~d__ Matthew Cone 

Plant Engineer 

Lyman Richey Sand and Gravel 

Matthew.cone@Lymanrichey.com 

402-616-4005