### LYMAN-RICHEY SAND &GRAVEL COMPANY ASuboidiaryofLymgn·RicheyCorporaHon 910 N. 26.4• Street • Waterloo, NE 68069 (402) 359-5828 • fgx(402) 359-9276

January 26, 2016
U.S. Department ofTransportation Docket ManagementSystem 1200 NewJersey Avenue SE Washington, DC 20590

To whom it may concern: Lyman Richey Sand and Gravel (LRSG), asubsidiary of Lyman Richey Corporation is applying forand exemption from regulations detailed below in orderto conduct aerial surveys ofcompany owned mining operationsand property inspectionswith asmall unmanned aerial vehicle (sUAV). The phantom 3 advanced, manufactured by DJI will be used forthe surveying operations. The ultimate use ofthe sUAV is directly related tothe safety ofouremployees surveying the mining operations. Current survey methodssubject personnel to be in areas where truck and equipment traffic are high, using a sUAV the operatorwould be able to stand in asafe location to conductthe surveywith the drone flying around 200ft above ground. In addition to creating asaferworking environment, sUAV surveying method is comparatively,justas 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 operationswith a sUAV in company owned areas. Though the drone surveying will contribute to the commercial sales ofsand and gravel products, the data collects for mining management will be private information and no sale ofthe data will be conducted.
Use ofthe sUAV will be performed by an employee, trained engineerwith full understanding oftheareas in which these practices may be conducted. The sites underconsideration are well suited forsave and efficient use ofsUAV's due to low populated surrounding areas.
In reference toTitle 14CFR, 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 maytechnically applytothe operation ofthe DJI Phantom 3 sUAV 

### §45.23 Display ofmarks; general & 

### §45.29 Size ofmarks. LRSG requests exemption undersections 45.23 and 45.29 due to the very small size ofthe sUAV, making it impossible to fulfill these marking requirements. 

### §61.113 Privatepilotprivileges andlimitations: Pilotin command. 

### (a) Except as provided in paragraphs (b) through (h) of this section, no person who holds a private pilot certificate may act aspilot in command ofan aircr·aft that is carryingpassengers
orpropertyf'or compensation or hire; nor may that peJ'son, fo1· compensation or hil'e, act as pilot in command ofan aircraft. (b) Aprivate pilot may, for compensation or hire, act as pilot in command ofan 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.rypassengers orpropertyfor compensation o.r hire.
LRSG seeks exemption undersection 61.113 (a) 

### & (b) dueto the fact that the aircrafts are unmanned and are preprogrammed to fly autonomously. LRSG proposes that operators ofthe sUAV should not be required to hold a commercial or private pilot certification. Instead the operators should be required to have avalid state driver's license, which shows competence in following safe instructionsfor a man controlled vehicle be it with tires or in air.



### §91.119 Minimum 

### safealtitudes: General. 

### Except when necessaryfor takeoff' or landing, no person may operate an aircraft below the following altitudes: (c) Over other than congested aJ"eas. An altitude of500 feet above the surface, except over open water or sparselypopulated areas. In those cases, the aircraft may not be operated closer than 500 feet to anyperson, vessel, vehicle, or structure. LRSG seeks exemption undersection 91.119. HSG requests authorityto operate upto 400ft above surface in orderto obtain sufficientdata. sUAV operations will be conducted in secure perimeters where buildings and people will not be exposed to operations without their consent. In the event ofa power source malfunction, the sUAVwill 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 undercover. 

### §91.121 Altimetersettings. 

### (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 ofa 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) 

### ofthis section, the current reported altimeter setting of" an appropriate available station; or (iii) In the case ofan 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. Howeverthe Phantom is rated to hoverat the specified altitude with only a 0.5ft variance. 

### §91.151 Fuelrequirements forflightin 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 ofintended 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 undersection 91.151 (a) because the sUAV is electric powered. The LRSG operatorwill be cautious not to start aflight 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 • §91.417Maintenance required, Preventive Maintenance, andAlterations 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 under43.7" after maintenance and inspection. Section 91.409 requires an annual inspection forthe issuance of an airworthiness certificate. Section 91 A 17 requires the owner oroperatorto keep records showing certain maintenancework that has been accomplished by certificated mechanics, under Part 43, or licensed pilots and records ofapproval ofthe aircraftfor return to service. LRSG proposes that the maintenance and inspection ofthe sUAV be conducted by the operator according to the manufacturer's usermanual. Inspections should be conducted before and after every flight. Only aircraft with an airworthy certificate apply to these sections and Part 43.The operatorwill ensure that the maintenance will be performed to allow proper working order and keep a log ofany maintenance performed.
LRSG sincerely thanks the FAAfor consideration ofthis request for exemption as outlined by Section 333 of the FAA Modernization and Reform Act of2012.



# ~d__ Matthew Cone Plant Engineer Lyman Richey Sand and Gravel Matthew.cone@Lymanrichey.com 402-616-4005