February 10, 2016 

U.S. Department of Transportation 

Docket Management System 

Room W12-140 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Subject: Exemption request under Section 333 of the FAA Reform Act 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, 14 CFR Part 11, 

Ken Hylbert ("Applicant") seeks certain lirnited exemptions from the Federal Aviation 

Regulations (FARs): 

14 CFR § 21, subpart H, 

14 CFR §45.23 (b); 

14 CFR §§ 61.23 (a) and (c); 61.101(c)(4) and (5); 61.113(a); 61.315(a); 

14 CFR §§ 91.7(a); 91.9 (b) (2); 91.103; 91.109(c); 91.119(c); 91.121; 91.151(a)(1); 

91.405(a); 91.407(a)(1); 91.409(a)(1) and (2) and 91.417(a) and (b). 

I request the exemption be to the extent necessary to conduct commercial aerial photography 

and videography for aerial data collection, inspection of structures and documentation of 

personal and real property so long as such operations are conducted within the conditions 

outlined herein or as may otherwise be provided under FAR's. 

The granting of this exemption request will benefit residential and commercial real estate, 

construction, agricultural and other industries by authorizing highly controlled UAS operations at 

or below 400 feet above ground level (AGL), within Visual Line of Sight (VLOS) by the Applicant 

who holds FAA Pilot certificate 3827377 (PIC). Application for Exemption: 

Kenneth L Hylbert 

503 Hickory Hill 

Nicholasville Ky, 40356 

859-576-1207 

khylbert@windstream.net 

Operations under the requested exemption would be limited to flights under VLOS, 

during daylight hours over privately owned property upon obtaining appropriate consent from 

owners and other interested parties. All UAS equipment operated under this application would 

weigh less than 10 pounds including the payload, will operate at no more than 30 knots and 

have the capability to hover and move vertically and horizontally simultaneously. All operations 

would be conducted with the assistance of a Visual Observer who by maintaining the subject 

UAS in VLOS and by verbal communication will assist the PIC to ensure in the area to be overflown and surrounding area remains clear of issues to safety. All flight operations conducted 

under the requested exemptions will be by an FAA certified pilot in conformance with all 

applicable FAR's and so that operation of the Subject UAS will not create a hazard to users of 

the National Airspace System ("NAS"), the public, property owners or operators. The grant of 

this exemption request is in the public interest and will not pose a threat to national security. 

The UAS's proposed to be operated under the requested exemption will be a DJI Phantom 
3 Advanced and DJIInspire 1. Both UAS's are commonly used for the purposes of 

photography and videography. 

Given the size, weight, speed, and limited operating area associated with operation of the 

Subject UAS's and the restricted environment and conditions proposed, operations will be at 

least as safe, or safer, than a conventional aircraft operating with an airworthiness certificate 

without said restrictions. The Subject UAS does not have a cockpit, cabin, or pilot station and 

the size of aircraft identification and restriction markings will necessarily be reduced to be 

smaller than the required minimum. Such markings (e.g. "Experimental" and the FAA assigned 

"N" number) will, however, be as clearly discernible as possible and will otherwise comply with 

FAR's. 

The following are references to certain FAR's followed by a brief explanation of why operation of 

the Subject UAS cannot comply with the same and why the proposed operations would 

nevertheless be safe and qualified under Section 333: 

14 CFR 21, Subpart Hand 14 CFR 91.7(a): As no airworthiness certificate has been issued for 

the Subject UAS the FAA regulatory standard for determining airworthiness has not been met. 

However, prior exemptions have been granted to other applicants intending to operate the 

identical or substantially similar models of this aircraft. As noted below, by use of appropriate 

maintenance, pre-flight and operational practices in connection with each flight a level of safety 

equivalent to certified aircraft will be attained. 

14 CFR 91.9 (b) (2): The Subject UAS in not capable of carrying a flight manual on the aircraft, 

however an equivalent level of safety will be maintained by keeping the flight manual at a 

ground control point where the PIC will have immediate access. 

14 CFR 91.103: An FAA approved flight manual will not be provided for the Subject 

UAS so an exemption from this regulation is requested. Normal procedures to be followed will 

include but not be limited to; review of weather conditions, physical conditions at and 

surrounding the intended flight area, battery life requirements as related to the location of 

intended flight and takeoff and landing points and distances. 

14 CFR 91.109: The Subject UAS does not have fully functional dual controls. Flight control is 

achieved through the use of a control box linked to the aircraft via radio communication. A level 

of safety contemplated by this regulation will be achieved, however, because neither a pilot nor 

passenger will be on the Subject UAS and by its limited speed, size and range and operation 

over areas first cleared of persons on the ground. 

14 CFR 91.121: The Subject UAS does not have a barometric altimeter but a GPS based 

altitude read out provides an equivalent or higher level of safety since the PIC receives live flight 

data by radio telemetry which enables monitoring and confirming current altitude when 

considered with the elevation of launch site and as shown on GPS altitude indicator. The 

Subject UAS will not be operated at an altitude greater than 400 feet above ground level. 

14 CFR 91.203 (a) and (b): Similar to 14 CFR 91.9 (b) (2), given the size and configuration, the 

UAS has no ability to carry certificate and registration documents on the aircraft. There is no 

room, capacity, or pilot on board to adequately stow such documents. An equivalent level of 

safety with be achieved by keeping these documents, to the extent they are applicable to the 

UAS, at the ground control point where pilot has immediate access to them. 

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14 CFR 91.405 (a), 14 CFR 91.407 (a)(1), 14 CFR 91.409 (a)(2), 14 CFR 91.417 (a) and 

(b): Given these sections apply to aircraft with an airworthiness certificate they do not apply to 

the Subject UAS. As a normal safety protocol the operator will perform preflight inspections and 

ensure UAS is in working condition before initiating each flight. In consideration of requested 

exemptions from FAR's, and in summary, the Applicant would restrict operation of the Subject 

UAS as follows: 

1. Limit the gross weight of the Subject UAS to less than 10 pounds. 

2. Restrict the speed of the Subject UAS to the lesser of the maximum operating airspeed 

recommended by the manufacturer or 100 miles per hour. 

3. The maximum altitude of operation of the Subject UAS above ground level will not exceed 

400 feet. 

4. The Subject UAS will be operated within visual line of sight (VLOS) of the PIC at all times. 

5. All operations will utilize a visual observer (VO) to assist the PIC in maintaining VLOS of the 

subject UAS and situational awareness of potential hazards in the flight area. 

6. Prior to each flight the Applicant or a qualified and designated PIC will conduct a pre-flight 

inspection of the Subject UAS and confident it is a condition for safe flight. 

7. Flight operations will not be conducted at night. 

8. Flight operations will be conducted under Visual Meteorological Conditions (VMC) 

9. No operations will be conducted within 5 nautical miles of an airport. 

10. Operations will be conducted to allow a reserve of available power of five (5) minutes or the 

reserve recommended by the manufacturer whichever is greater. 

Accordingly, the stated and intended uses of the Subject UAS and the operational controls and 

limitations noted above will provide benefits to the public, property owners and other interested 

parties as consumers of photographs, video and such other data and information all of which 

can be safely obtained by use of the Subject UAS in the above manner. Because safe 

operation of the Subject UAS is so ensured and because the above operations and exemptions 

are reasonable and substantially similar to those previously granted to other similarly situated 

applicants, this request is in the public interest and compatible with integration of civil unmanned 

aircraft systems (UAS) into the national airspace, a stated goal of the 2012 Reform Act. 

Thank you for your consideration of this application for which approval is requested. 

You will find that my request is similar to relief previously requested, and the UAS's proposed, 

have been approved in multiple grants of exemptions. 

~rsh, <-'''' -:;-;:-.._ 

Kenneth Hylbert