February 10, 2016 U.S. Department ofTransportation Docket Management System Room W12-140 1200 NewJerseyAve., SE Washington, DC 20590
Subject: Exemption request underSection 333 ofthe FAA Reform Act

Dear Siror Madam:

Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012, 14 CFR Part 11, Ken Hylbert ("Applicant") seeks certain lirnited exemptions from the FederalAviation 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 videographyforaerial data collection, inspection ofstructures 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 ofthis exemption request will benefit residential and commercial real estate, construction, agricultural and other industries by authorizing highly controlled UAS operations at
orbelow400feet above ground level (AGL), within Visual Line ofSight (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 underthe requested exemption would be limited to flights underVLOS, during daylight hours over privately owned property upon obtaining appropriate consent from
owners and other interested parties. All UAS equipment operated underthis application would weigh lessthan 10 pounds including the payload, will operate at no more than 30 knots and have the capabilityto hover and move vertically and horizontally simultaneously. All operations would be conducted with the assistance ofaVisual Observerwho by maintaining the subject UAS in VLOS and by verbal communication will assistthe PIC to ensure in the areato be overflown and surrounding area remains clear of issues to safety. All flight operations conducted underthe requested exemptionswill be by an FAA certified pilot in conformance with all applicable FAR's and sothat operation ofthe 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 athreatto national security.

The UAS's proposed to be operated underthe requested exemption will be a DJI Phantom

### 3 Advanced and DJIInspire 1. Both UAS's are commonly used forthe purposes of photography and videography.

Given the size, weight, speed, and limited operating area associated with operation ofthe 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 ofaircraft identification and restriction markingswill necessarily be reduced to be smallerthan 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.

Thefollowing are references to certain FAR's followed by a brief explanation ofwhy operation of the Subject UAS cannot complywith the same and whythe proposed operations would nevertheless be safe and qualified underSection 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 otherapplicants intending to operatethe identical orsubstantially similar models ofthis aircraft. As noted below, by use ofappropriate maintenance, pre-flight and operational practices in connection with each flight a level ofsafety equivalentto certified aircraftwill be attained.

14 CFR 91.9 (b) (2): The Subject UAS in not capable of carrying aflight manual on the aircraft, however an equivalent level ofsafetywill be maintained by keeping the flight manual at a ground control pointwhere the PIC will have immediate access.

14 CFR 91.103: An FAAapproved flight manual will not be provided forthe Subject UAS so an exemption from this regulation is requested. Normal procedures to be followed will include but not be limited to; review ofweather conditions, physical conditions at and surrounding the intended flight area, battery life requirements as related to the location of intended flight and takeoffand 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 ofa control box linked to the aircraftvia radio communication. A level ofsafety contemplated by this regulation will be achieved, however, because neithera pilot nor passengerwill be on the Subject UAS and by its limited speed, size and range and operation
over areasfirst cleared ofpersons 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 ofsafety since the PIC receives liveflight data by radio telemetrywhich 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 greaterthan 400 feet above ground level.

14 CFR 91.203 (a) and (b): Similarto 14 CFR 91.9 (b) (2), given the size and configuration, the UAS has no abilityto carry certificate and registration documents on the aircraft. There is no room, capacity, or pilot on board to adequatelystowsuch documents. An equivalent level of safetywith be achieved by keeping these documents, tothe extentthey are applicable to the UAS, atthe ground control point where pilot has immediate access to them.

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# I14 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 aircraftwith an airworthiness certificate they do not applyto the Subject UAS. As a normal safety protocol the operatorwill perform preflight inspections and
ensure UAS is in working condition before initiating each flight. In consideration ofrequested exemptions from FAR's, and in summary, the Applicant would restrict operation ofthe Subject UAS as follows:

1. Limit the grossweight ofthe Subject UAS to less than 10 pounds. 2. Restrictthe speed ofthe Subject UAS tothe lesserofthe maximum operating airspeed recommended by the manufactureror 100 miles per hour. 3. The maximum altitude ofoperation ofthe Subject UAS above ground level will not exceed 400feet. 4. The Subject UAS will be operated within visual line ofsight (VLOS) ofthe PIC at all times. 5. All operationswill utilize a visual observer (VO) to assistthe PIC in maintaining VLOS ofthe subject UAS and situational awareness of potential hazards in the flight area. 6. Priorto each flight theApplicant ora qualified and designated PIC will conduct a pre-flight inspection ofthe Subject UAS and confident it is a condition for safeflight. 7. Flight operationswill not be conducted at night. 8. Flight operationswill be conducted underVisual Meteorological Conditions (VMC) 9. No operationswill be conducted within 5 nautical miles ofan airport. 10. Operations will be conducted to allow a reserve ofavailable power offive (5) minutes orthe
reserve recommended by the manufacturerwhichever is greater. Accordingly, the stated and intended uses ofthe Subject UAS and the operational controls and limitations noted abovewill provide benefits to the public, property owners and other interested parties as consumers ofphotographs, video and such other data and information all ofwhich
can be safely obtained by use ofthe Subject UAS in the above manner. Because safe operation ofthe Subject UAS is so ensured and because the above operations and exemptions
are reasonable and substantially similartothose previously granted to othersimilarly situated applicants, this request is in the public interest and compatible with integration ofcivil unmanned aircraft systems (UAS) into the national airspace, a stated goal ofthe 2012 Reform Act.

Thank you for your consideration ofthis application forwhich approval is requested. You will find that my request is similarto relief previously requested, and the UAS's proposed, have been approved in multiple grants of exemptions.



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Kenneth Hylbert