August 11, 2015 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave, SE 

Washington, DC 20590 

RE: Exemption Request Under Section 333 of the FAA Reform Act and Part 11 of the Federal 

Aviation Regulations 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the “Reform Act” or 

“Section 333”), Subsection (f) of 49 U.S.C. § 44701, and 14 C.F.R. Part 11, Hutton Construction 

Company (“Hutton Construction”) seeks an exemption from the Federal Aviation Regulations 

(“FARs”) listed below and discussed in Appendix A to allow it to operate the DJI Phantom 2, DJI 

Phantom 3, DJI Inspire 1 and 3D Robotics Solo small Unmanned Aircraft Systems (collectively, 

“sUAS”). Hutton Construction is a construction firm that constructs buildings and acts as a 

general contractor in a number of industries including, without limitation, healthcare, 

education, hospitality, industrial, entertainment and retail, office and corporate headquarters. 

Hutton Construction plans to use the sUAS for aerial imagery, inspection and data collection 

services for its projects at construction sites across the United States. The information collected 

by the sUAS will help Hutton Construction inspect, monitor and oversee its construction 

projects. This will in turn translate to improved and more real-time decisions in construction 

that will enhance overall safety and lead to economic efficiencies. 

The safety and public benefits of using the sUAS in commercial construction applications are 

significant. The sUAS reduce the need to operate manned aircraft in unconventional operations, 

provide more accurate data in a manner that is more safe, economical and efficient, and with a 

reduced impact on the environment. Importantly, use of the sUAS also allows Hutton 

Construction to limit inspections and construction site monitoring that must otherwise be 

accomplished by individuals, often times involving lifts, ladders, scaffolds and other equipment 

at a height above the surface. Injuries and fatalities of construction workers performing such 

tasks are well-documented. Accordingly, use of the sUAS for these services will result in 

increased safety for construction workers. 
Operations pursuant to the exemption will be subject to strict operating requirements and 

conditions to ensure at least an equivalent level of safety to currently authorized operations 

using manned aircraft and under conditions as may be modified by the FAA as required by 

Section 333. The DJI Phantom 2 weighs approximately 2.7 pounds (1,225 grams), the 

DJI Phantom 3 weighs approximately 2.8 pounds (1,270 grams), the DJI Inspire 1 weighs 

approximately 6.5 pounds (2,948 grams) and the 3D Robotics Solo weighs approximately 3.3 

pounds (1,497 grams). All models are powered electrically via small, lithium polymer batteries 

that drive electric propellers. They operate at a cruising speed of no more than 25.5 meters per 

second (the Phantom 2 operates at a maximum of 15 m/s, the Phantom 3 operates at a 

maximum of 16 m/s, the Inspire 1 at a maximum of 22 m/s and the 3D Robotics Solo at a 

maximum of 25.5 m/s). The sUAS were designed with extensive automated control features, 

redundant systems, and integrated fail-safes, and they will be operated under controlled 

conditions and at low altitudes in airspace that is limited in scope. 

Though the sUAS may safely be operated by one person, flight operations performed pursuant 

to this exemption will consist of at least two people: a pilot-in-command (the “PIC”) and visual 

observer. The PIC is responsible for the direct and safe operation of the sUAS, monitoring their 

status and flight dynamics while maintaining visual line of sight and keeping the flight within the 

manufacturer’s specified limits in terms of wind, flight range, battery life, and other operating 

limitations. The observer will be responsible for monitoring the airspace for other aircraft and 

hazards, advising the PIC before and during flight of all such observed risks, and monitoring the 

controlled operating area. Individuals acting as the PIC will complete training specific to the 

sUAS. The PIC will be a certificated airman who holds either an airline transport, commercial, 

private, recreational or sport pilot certificate. The PIC must also hold a current FAA airman 

medical certificate or a valid U.S. driver’s license issued by a state, the District of Columbia, 

Puerto Rico, a territory, possession, or the federal government. 

Because the sUAS will be used in lieu of comparatively higher risk operations now conducted 

with either fixed wing and rotary manned aircraft or by individuals, the FAA can have 

confidence that Hutton Construction’s operations will achieve at least an equivalent level of 

safety and fulfill the Secretary of Transportation’s responsibilities under Section 333(c) of the 

Reform Act to “establish requirements for the safe operation of such aircraft systems in the 

national airspace system.” Moreover, the FAA has already granted many 333 exemption 

requests for operation of the sUAS models requested here. [See, e.g., FAA Exemption Nos. 

11325, 11351, 11357, 11325, 11327, 11846.] Accordingly, it should grant this exemption 

request without delay. 

Applicant Information 

The name of the applicant is: 

Hutton Construction Company 
The primary contact for this application is:

Mike Brown 

Hutton Construction Company 

2229 S. West St. 

Wichita, KS 67213 

Phone: (316) 942-8855 

E-mail: mbrown@huttonconstruction.com 

Exemptions Requested 

Hutton Construction respectfully requests exemptions from the following regulations: 1 

14 C.F.R. Part 21, Subpart H; 

14 C.F.R. § 91.7; 

14 C.F.R. § 91.9(b)(2); 

14 C.F.R. § 91.113; 

14 C.F.R. § 61.113(a), (b); 

14 C.F.R. § 61.133(a); 

14 C.F.R. § 91.119(c); 

14 C.F.R. § 91.121; 

14 C.F.R. § 91.151; 

14 C.F.R. § 91.203; 

14 C.F.R. § 91.405(a) and (b); 

14 C.F.R. § 91.407(a)(1); 

14 C.F.R. § 91.409(a)(1)-(2); and 

14 C.F.R. § 91.417(a). 

THE APPLICABLE LEGAL STANDARD UNDER SECTION 333 

Grant of this exemption application for use of the sUAS in precision aerial photography, data 

collection and inspection and monitoring applications will advance the Congressional mandate 

in Section 333 of the Reform Act to accelerate the introduction of UAS into the national 

airspace system ("NAS") if it can be accomplished safely. This law directs the Secretary of 

Transportation to consider whether certain UAS may operate safely in the NAS before 

completion of the rulemaking required under Section 332 of the Reform Act. 

__________________________ 

1 As set forth in Appendix B, Hutton Construction will operate under similar operating conditions as those required 

in the other grants of exemption, in which exemptions for certain FARs were deemed by the FAA as “not 

necessary.” Accordingly, Hutton Construction does not request FAA exemption from 14 C.F.R. 45.23(b), 91.103, 

and 91.109(a). If the FAA determines that relief from these or any other regulation is required for the operations 

proposed herein, Hutton Construction will be happy to submit an amendment to this request and include 

justifications for those necessary additional exemptions. 
In making this determination, the Secretary is required to determine which types of UAS do not 

create a hazard to users of the NAS or the public, or pose a threat to national security in light of 

the following: 

• The UAS's size, weight, speed, and operational capability; 

• Operation of the UAS in close proximity to airports and populated areas; and 

• Operation of the UAS within visual line of sight of the operator. 

Reform Act § 333(a)(1). If the Secretary determines that such vehicles "may operate safely in 

the national airspace system, the Secretary shall establish requirements for the safe operation 

of such aircraft in the national airspace system." Id.§333(c) (emphasis added).2 

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This 

statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under 

§40101 of the Act, from the requirement that all civil aircraft must have a current airworthiness 

certificate and those regulations requiring commercial pilots to operate aircraft in commercial 

service: 

The Administrator may grant an exemption from a requirement 

of a regulation prescribed under subsection (a) or (b) of this 

section or any of sections 44702-44716 of this title if the 

Administrator finds the exemption is in the public interest. 

49 U.S.C. §44701(f). See also 49 USC §44711(a); 49 USC §44704. 

The grant of the requested exemption is in the public interest based on the clear direction in 

Section 333 of the Reform Act; the additional authority in the Federal Aviation Act, as 

amended; the strong equivalent level of safety surrounding the proposed operations; and the 

significant public benefit, including enhanced safety and cost savings associated with 

transitioning to UAS for aerial imagery, data collection and inspection services. Hutton 

Construction therefore respectfully requests that the FAA grant the requested exemption 

without delay. 

__________________________ 

2

This provision places a duty on the Administrator to not only process applications for exemptions under Section 

333, but for the Administrator, if he deems the conditions proposed herein to require modification in order to 

allow approval, to supply conditions for the safe operation of the UAS. Hutton Construction welcomes the 

opportunity to consult with FAA staff to address any issues or concerns that this proposal may raise that 

FAA staff believes may require modification. 
Airworthiness of the DJI Phantom 2, DJI Phantom 3, DJI Inspire 1, and the 3D Robotics Solo

One element of the exemption application involves evidence of the airworthiness of the sUAS. 

Hutton Construction believes that the sUAS have been shown to be airworthy and compliant 

with a significant level of safety. The many previous 333 Grants of Exemptions by the FAA 

further highlight that operations of the sUAS will not adversely affect safety when compared to 

similar operations conducted by aircraft that have been issued an airworthiness certificate 

under 14 C.F.R. Part 21, Subpart H. [E.g.,FAA Exemption Nos. 11325, 11357, 11335A, 12146, 

12398, .] 

To enhance safety, it is also important to note that the sUAS are equipped with automated 

features which enhance safe takeoff, flight, and landing in many conditions, further details of 

which are provided in the applicable DJI and 3D Robotics User Manuals.3

To maintain airworthiness, Hutton Construction will follow the inspection and maintenance 

programs designed specifically for the sUAS by their manufacturer, DJI and 3D Robotics. Those 

programs are enhanced by an inflight monitoring system for the sUAS that monitor current 

position, wind speed and direction, battery charge, flight time, and altitude, including both 

above the takeoff location and above sea level. If onboard sensors detect a critical situation at 

any time (low battery, close proximity to the ground, weak data link signal, etc.) the sUAS will 

automatically initiate a preprogrammed safety procedure. In the event of any malfunction, the 

sUAS will undergo all maintenance required by the manufacturer and undergo flight testing 

before recommencing commercial operations. 

Proposed Operations and Associated Conditions

Hutton Construction intends to use the sUAS that weigh significantly less than 55 pounds for 

the purpose of collecting aerial photography and data, as well as aerial inspection and 

monitoring applications at commercial construction sites. 

All of the sUAS operations will occur under tightly controlled conditions on privately owned 

land at the owner’s request and consent, solely during daylight hours, and at altitudes well 

below that which would pose a risk to other aircraft. 

________________________ 

3

 Hutton Construction submits the following documents, as proprietary and under confidentiality, in support of this 

exemption request: DJI-P2_Pilot Training Guide_v1.1; DJI-P2_Quick_Start_Guide; DJI-P2_User_Manual_v1.4; DJIP2_Smart_Flight_Battery_Safety_Guidelines_v1.0; DJI-P3_Intelligent_Flight_Battery_Safety_Guidelines_v1.0; DJIP3_Quick_Start_Guide_v1.2; DJI-P3_Safety_Guidelines_Disclaimer_v1.0; DJI-P3_User_Manual_v1.2; 

Inspire_1_Quick_Start_Guide_v1.2; Inspire_1_Safety_Guidelines_v1.0; Inspire_1_User_Manual_v1.4; 

Inspire_1_Intelligent_Flight_Battery_Safety_Guidelines_v1.0; 3DRSOLO_Best Practices; 3DRSOLO_Flight Safety; 

3DRSOLO_Preflight Checklist; 3DRSOLO_Quick Start Quide_Ver_8_4_18_2015; 3DRSOLO_User Manual 

v5_09_06_15. At the request of the FAA, Hutton Construction will also be pleased to provide, under 

confidentiality, its sUAS General Operations Manual (“GOM”).
The operations will take place in areas away from people, crowds and airports. Moreover, due 

to the nature and purpose of the operations, Hutton Construction anticipates that it will fly the 

sUAS at relatively low altitudes and speeds. The risk of interference with another aircraft is 

therefore minimal. 

Grant of this exemption to Hutton Construction will be subject to the conditions listed in 

Appendix B, which are based upon the operating conditions required by the FAA's previous 

grants of exemptions. The sUAS are characterized by a high degree of pre-programmed control 

and various built-in technical capabilities that limit the potential for operation outside of the 

conditions set forth in Appendix B. They were also designed with internal functional and safety 

features to assist the operator in safe and reliable operation. With pre-programmed flights and 

manual control, operators can easily maintain separation from manned aircraft operations and 

avoid other hazards. In the controlled environment under the operations conditions in 

Appendix B, operations will remain within visual line-of-sight (VLOS) and below 400 feet AGL. In 

addition, Hutton Construction will obtain FAA Air Traffic Organization to address airspace 

requirements and provide notification by a 

Notice to Airman (NOTAM). 

 

Operator Requirements

As a condition to the grant of the exemptions, Hutton Construction will require that the PIC 

hold either an airline transport, commercial, private, recreational or sport pilot certificate. The 

PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued 

by a state, the District of Columbia, Puerto Rico, a territory, possession, or the federal 

government. The PIC will also be subject to the flight review requirements pursuant to the 

Federal Aviation Regulations (“FARs”). 

In addition, the PIC must complete a training program for each sUAS that he or she will operate 

for Hutton Construction. This training familiarizes the PIC to the operations and limitations of 

the sUAS. Training will also include discussions on the basic fundamentals of UAS aerodynamics 

and technical limitations, as well as the more general topics of weather, the National Airspace 

System, and the regulatory framework. 

Hutton Construction does not believe that certified airmen, medical certificates, and the related 

operating conditions, are necessary or required to operate the sUAS. However, Hutton 

Construction will accept these requirements as a condition to the grant of this exemption. If, 

and when, the FAA finds such conditions unnecessary for operations conducted pursuant to 

Section 333 exemptions, Hutton Construction respectfully reserves the right to amend its 

operating conditions and request exemption from the relevant FARs to operate without such 

conditions. 
Public Interest

The use of the sUAS in lieu of comparatively hazardous operations currently conducted with 

conventional fixed wing and rotary aircraft offers a net safety benefit and will achieve an 

enhanced level of safety, as mandated under Section 333(c) of the Reform Act. Approval of this 

application will also benefit the public interest by allowing better, safer, and more cost efficient 

information for Hutton Construction and the public. Moreover, it will lessen the need for 

inspections by individuals that must often use equipment to observe construction sites from 

heights above the surface. 

Conventional aerial photography, inspection and monitoring operations using manned aircraft 

involve heavy aerial aircraft that must transit from airports to the operational location, carrying 

significant amounts of combustible fuel, and a multi-person crew. Manned aircraft are also at 

risk of fuel spillage and fire in the event of an accident or incident. By contrast, use of the sUAS 

is safe, economical and efficient. The DJI Phantom 2 weighs approximately 2.7 pounds, the DJI 

Phantom 3 weighs approximately 2.8 pounds, the DJI Inspire 1 weighs approximately 6.5 

pounds and the 3D Robotics Solo weighs approximately 3.3 pounds. The sUAS is carried (not 

flown) to and from the area of activity, remove the need for an airborne crew, and pose less 

risk to people and infrastructure on the ground, as well as other aircraft. 

No national security issue is raised by the grant of the requested exemptions. Given the size, 

load-carrying capacity, the speed at which the sUAS operates (less than 25 meters per second), 

and the fact that they do not carry explosives or other dangerous materials, the use of the sUAS 

pose no threat to national security. In fact, the threat of causing damage to property is 

significantly reduced with the extremely low weight of the sUAS and limited operating areas. 

Any other security concerns are ameliorated by the fact that all individuals holding an FAA 

airman certificate are subject to a security screening by the U.S. Department of Homeland 

Security. 49 U.S.C. § 44903(j)(2)(D)(i). 

The grant of the requested exemption is in the public interest based on the clear direction in 

Section 333, the Federal Aviation Act, 4 the high and equivalent level of safety of the proposed 

operations, and the significant public benefit, including enhanced safety and cost savings to be 

realized as a result of the use of the sUAS for aerial imagery, data collection and inspections. It 

is also in-line with the previous Grants of Exemption by the FAA for the same and similar sUAS 

models. [FAA Exemption Nos. 11357, 11325, 11327.] Accordingly, Hutton Construction 

respectfully requests that the FAA grant an expedited exemption. 

Sincerely, 

Hutton Construction Company, Inc. 

Mike Brown 
APPENDIX A

EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS 

UNDER APPLICABLE RULES SUBJECT TO EXEMPTION 

14 C.F.R. Part 21, Subpart H: Airworthiness 

Certificates 14 CFR § 91.203(a)(1)

 

Section 91.203(a)(1) requires all civil aircraft to have a certificate of airworthiness. Part 21, 

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the 

issuance of airworthiness certificates as required by FAR § 91.203(a)(1). Given the very small 

size of the aircraft and the limited operating area associated with their utilization, it is 

unnecessary to go through the certificate of airworthiness process under Part 21 Subpart H to 

achieve or exceed current safety levels. 5

Such an exemption meets the requirements of an equivalent level of safety under Part 11 and 

Section 333 of the Reform Act. The Federal Aviation Act and Section 333 of the Reform Act both 

authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, 

upon consideration of the size, weight, speed, operational capability, and proximity to airports 

and populated areas of the UAS involved. 

In this case, an analysis of these criteria demonstrates that the sUAS operated without an 

airworthiness certificate, under the conditions proposed herein, will be at least as safe, or safer, 

than a conventional aircraft (fixed wing or rotorcraft) with an airworthiness certificate. The DJI 

Phantom 2 weighs approximately 2.7 pounds, the DJI Phantom 3 weighs approximately 2.8 

pounds, the DJI Inspire 1 weighs approximately 6.5 pounds and the 3D Robotics Solo weighs 

approximately 3.3 pounds. The sUAS do not carry a pilot or passenger; they do not carry 

flammable fuel, and will operate exclusively within an area pre-disclosed and in compliance 

with conditions set forth herein. Operations under this exemption will be tightly controlled and 

monitored by the operator, pursuant to the conditions set forth in Appendix B, the applicable 

DJI and 3D Robotics manuals, the Hutton Construction sUAS General Operations Manual 

(“GOM”), and by local public safety requirements. 

__________________________ 

5

The FAA has stated that no exemption is needed from this section if a finding is made under the Reform Act that 

the sUAS provide an equivalent level of safety when compared to aircraft normally used for the same application. 

These criteria are satisfied and therefore no exemption is needed. [See, e.g., Exemption No. 11220 (an exemption 

from 91.203 not required for the Phantom).] However, Hutton Construction requests an exemption in the event

that the FAA determines that some characteristics of the sUAS fail to meet the requirements of the Reform Act. 
The FAA will have advance notice of all operations through the filing of NOTAMs. Receipt of the 

prior permission of the land owner (or lessee), the size of the aircraft, the lack of flammable 

fuel, and the fact that the aircraft is carried to the location and not flown there all establish the 

equivalent level of safety. The sUAS provide at least an equivalent level of safety to that of such 

operations conducted with conventional manned aircraft that would be orders-of-magnitude 

larger and would be carrying passengers, cargo, and flammable fuel. The safety features 

including the redundant sensor systems, as described in the DJI and 3D Robotics User Manuals, 

and throughout this document, underscore the importance placed on safety and reliability in 

the design and manufacture of the sUAS. 

14 C.F.R. § 91.7(a)-(b); Civil Aircraft Airworthiness

Section 91.7(a) requires that a civil aircraft must be in airworthy condition to be operated. In 

previous grants of exemption for the sUAS, the FAA concluded that an exemption was required 

under 14 C.F.R. § 91.7(a). In each instance, the FAA granted relief under § 91.7(a) through a 

requirement that each petitioner ensure that the sUAS is in an airworthy condition – based on 

compliance with the User Manual – prior to every flight. [See, e.g., Exemption No. 11220, p. 5.] 

Hutton Construction therefore requests that the FAA find similar relief under the same 

conditions here. 

Section 91.7(b) places responsibility on the PIC to ensure an aircraft is in a condition safe for 

flight. In prior grants of exemption to the sUAS, the FAA determined that exemption from this 

section was not necessary. [See, e.g., Exemption No. 11191; 11195; 11120.] To the extent that 

the FAA determines an exemption is required here, Hutton Construction respectfully requests 

that the FAA find compliance with the manufacturer’s manuals, and requirements of the grant 

of exemption, a sufficient means for ensuring that the sUAS are in a condition for safe flight. 

14 C.F.R. § 91.113; Right-of-Way Rules 

Section 91.113 requires that vigilance be maintained by each person operating an aircraft to 

see and avoid other aircraft. Unlike manned aircraft, the sUAS pilot is not on-board the aircraft 

to observe and avoid other aircraft, operating the sUAS from the ground. 

Hutton Construction’s proposed operating conditions will achieve an equivalent or greater level 

of safety. All operations will involve two individuals—one FAA certificated pilot as the PIC and 

one visual observer who will monitor the immediate and surrounding airspace of the operation 

for potential obstruction hazards and other possible intrusions. The sUAS will also be limited to 

designated areas below 400 feet AGL and within a virtual fence. Hutton Construction will notify 

the FAA and other pilots of the sUAS operations by NOTAM. 

14 C.F.R. § 61.113(a) & (b); 61.133(a): Private Pilot Privileges and Limitations; Pilot in 

Command; Commercial Pilot Privileges and Limitations 
Section 61.113(a) & (b) limit private pilots to non-commercial operations. Unlike a conventional 

aircraft that carries a pilot, passengers, and cargo, the sUAS are remotely controlled with no 

passengers or property of others on-board. Section 61.133(a) requires an individual with at 

least a commercial pilot’s license to act as pilot in command of an aircraft for compensation or 

hire. 

Hutton Construction respectfully proposes that operator requirements should take into account 

the characteristics of the particular UAS. Here, the sUAS have a high degree of preprogrammed 

control and various built-in technical capabilities that strictly limit the potential for operation 

outside of the operating conditions set forth in Appendix B and the exemption application. The 

small size, endurance, range and payload capacities of the sUAS mean that no passengers 

and/or cargo will ever be carried by the aircraft. Rather, commercial operations will be strictly 

limited to acquiring aerial imagery, data collection and inspections. 

Considering these conditions, operating limitations and restrictions, an equivalent level of 

safety will be provided by allowing operation of the sUAS by Hutton Construction with 

individuals who possess a valid FAA airline transport, commercial, private, recreational or sport 

pilot certificate. The risks associated with the operation of the sUAS (given their small size, 

speed, operational capabilities and limitations, and lack of combustible fuel) are so diminished 

from the level of risk associated with commercial operations (and even operations permitted 

with a private pilot certificate) contemplated by Part 61 with manned aircraft, that allowing 

operations of the sUAS as set forth in Appendix B meets and exceeds the present level of safety 

provided under 14 C.F.R. § 61.113(a)-(b), and does not call for a commercial pilot certificate as 

set forth in § 61.133. [FAA Exemption No. 11357 (requiring at least a recreational or sport pilot 

certificate, and a current FAA airman medical certificate or valid U.S. driver’s license).] 

14 CFR § 91.119: Minimum Safe Altitudes 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Specifically, 91.119(c) 

limits aircraft flying over areas other than congested areas to 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. 

As set forth herein, the sUAS will not operate at higher than 400 feet AGL. The sUAS will, 

however, be operated to avoid congested or populated areas. Because aerial photography, data 

collection and inspection work must be accomplished at relatively low altitudes and at altitudes 

less than 500 feet AGL, an exemption from Section 91.119(c) is needed. 

The equivalent level of safety will be achieved given the size, weight, speed, and material with 

which the sUAS are built. Also, all flights will be conducted over private and/or controlled 

access property with the permission of the land owner or those who control the land. Because 

of the advance notice to the landowner, all affected individuals will be aware of the flights. 
Compared to operations conducted with aircraft or rotorcraft weighing far more than the sUAS, 

and carrying flammable fuel, any risk associated with these operations will be significantly less 

than those currently allowed with conventional aircraft operating at or below 500 feet AGL. 

Indeed, the low-altitude operations of the sUAS will maintain separation from operations of 

conventional aircraft that must comply with Section 91.119. 

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

This regulation prohibits an individual from beginning “a flight in an airplane under VFR 

conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly 

to the first point of intended landing and, assuming normal cruising speed – (1) During the day, 

to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.” 

The DJI Phantom 2 is powered by a removable, rechargeable, lithium-polymer battery that 

provides approximately 25 minutes of powered flight. Without an exemption from § 14 CFR 

91.151, flights by Hutton Construction would not be possible. Given the limitations on the 

proposed operations and their locations, a less burdensome reserve requirement for flight in 

daylight VFR conditions is reasonable. Moreover, the DJI Phantom 2 provides low battery 

warnings that indicate the PIC must command the aircraft’s return to the launch point when 

low battery capacity voltage is reached. A critical low battery warning is also provided. The 

aircraft will initiate an automatic descent and landing at the critical low battery warning. 

The DJI Phantom 3 is powered by a removable, rechargeable, lithium-polymer battery that 

provides approximately 23 minutes of powered flight. Without an exemption from § 14 CFR 

91.151, flights by Hutton Construction would not be possible. Given the limitations on the 

proposed operations and their locations, a less burdensome reserve requirement for flight in 

daylight VFR conditions is reasonable. Moreover, the DJI Phantom 3 provides low battery 

warnings that indicate the PIC must command the aircraft’s return to the launch point when 

low battery capacity voltage is reached. A critical low battery warning is also provided. The 

aircraft will initiate an automatic descent and landing at the critical low battery warning. 

The DJI Inspire 1 is also powered by a removable, rechargeable, lithium-polymer battery that 

provides approximately 18 minutes of powered flight. Without an exemption from § 14 CFR 

91.151, flights by Hutton Construction would not be possible. Given the limitations on the 

proposed operations and their locations, a less burdensome reserve requirement for flight in 

daylight VFR conditions is reasonable. Moreover, the DJI Inspire 1 provides low battery 

warnings that indicate the PIC must command the aircraft’s return to the launch point when 

low battery capacity voltage is reached. Likewise, a critical low battery warning is also provided. 

The aircraft will initiate an automatic descent and landing at the critical low battery warning. 

The 3D Robotics Solo is powered by a removable, rechargeable, lithium-polymer battery that 

provides approximately 20 minutes of powered flight. Without an exemption from § 14 CFR 

91.151, flights by Hutton Construction would not be possible. Given the limitations on the 

proposed operations and their locations, a less burdensome reserve requirement for flight in 
daylight VFR conditions is reasonable. Moreover, the 3D Robotics Solo provides low battery 

warnings that indicate the PIC must command the aircraft’s return to the launch point when 

low battery capacity voltage is reached. A critical low battery warning is also provided. The 

aircraft will initiate an automatic descent and landing at the critical low battery warning. 

An exemption from 14 CFR § 91.151(a) is safe and within the scope of the prior exemptions for 

the sUAS. [See, e.g., Exemption No. 11195; 11191.] In line with the previous grants of 

exemption, Hutton Construction requests that the FAA grant relief under the condition that the 

PIC will not begin a flight unless (considering wind and forecast weather conditions) there is 

enough power to fly to the first point of intended landing and, assuming normal cruise speed, 

land the sUAS and to operate after that for at least 5 minutes. [See Exemption No. 11325.] 

14 C.F.R. §§ 91.9(b)(2); 91.203(a)-(b); Carriage of Civil Aircraft Airworthiness Certificate and 

Registration 

Sections 91.9(b) and 91.203(a)-(b) require an aircraft operator to carry airworthiness 

documents and other aircraft manuals onboard the aircraft at all times. Because the sUAS are 

small in size and do not contain a cabin or flight deck, carriage of such documents and manuals 

is impossible. 

The intent of these regulations is to ensure that the PIC has access to important documents 

during flight. Here, an equivalent level of safety is achieved if the PIC has access to the 

applicable sUAS manual(s), registration certificate and other required documents from the 

Ground Control Station from which he or she is conducting operations. This is consistent with a 

prior opinion of the FAA Office of the Chief Counsel, and other grants of exemptions for 

commercial UAS operations. [See Memorandum from Mark Bury, FAA Assistant Chief Counsel 

for International Law, Legislation and Regulation, to John Duncan, FAA Flight Standards Service 

(Aug. 8, 2014).] 

14 C.F.R. § 91.121: Altimeter Settings 

Section 91.121 requires that each individual operating an aircraft shall maintain the cruising 

altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is 

set, when operating below 18,000 feet MSL to: 

• The current reported altimeter setting of a station along the route and within 100 

nautical miles of the aircraft; 

• 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; 

• In the case of an aircraft not equipped with a radio, the elevation of the departure 

airport or an appropriate altimeter setting available before departure. 
To provide an equivalent level of safety, the sUAS autopilot calculates the reference altitude 

(ground level) with on-board GPS. The altitude information generated from the GPS is 

transmitted to the PIC. The PIC shall confirm the altitude of the launch site shown on the GPS 

altitude indicator before flight. The FAA has granted relief from this section in prior grants of 

exemption under the condition that the operator set the altimeter to zero feet AGL rather than 

local barometric pressure or field altitude before each flight. [Exemption Nos. 11062 and 

11067.] A similar grant of exemption is thus warranted here. 

14 C.F.R. §§ 91.405(a); 407(a)(1); 409(a)(2); 417 (a): Maintenance Inspections 

Section 91.405(a) requires that an aircraft operator or owner “shall have that aircraft inspected 

as prescribed in subpart E of this part and shall between required inspections, except as 

provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of 

this chapter....” Section 91.407 similarly makes reference to requirements in Part 43; Section 

91.409(a)(2) requires an annual inspection for the issuance of an airworthiness certificate. 

Section 91.417(a) 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. 

An equivalent level of safety will be achieved because the sUAS are small in size, will solely 

operate in limited and predetermined areas, and are not large, complex mechanical machines. 

Hutton Construction will perform all maintenance and inspections in accordance with the 

manufacturers’ manuals and any required manufacturer Safety or Service Bulletins. In addition, 

the PIC will conduct a pre-flight inspection of the sUAS and all associated equipment to account 

for all discrepancies and/or inoperable components. Maintenance will be performed and 

verified to address any conditions potentially affecting safe operation of the sUAS and no flights 

will occur unless and until all flight critical components of the sUAS have been found to be in a 

condition for safe operation. A functional flight test will be conducted following the 

replacement of any flight-critical components. 
APPENIX B 

HUTTON CONSTRUCTION COMPANY OPERATING RESTRICTIONS AND LIMITATIONS

1) Operations authorized by this grant of exemption are limited to the DJI Phantom 2, the 

DJI Phantom 3, the DJI Inspire 1 and the 3D Robotics Solo (collectively, the “sUAS”) when 

weighing less than 55 pounds including payload. Proposed operations of any other 

aircraft will require a new petition or a petition to amend this grant. 

2) The sUAS shall not be flown at a ground speed exceeding 87 knots (100 miles per hour). 

3) Above Ground Level (“AGL”) altitude shall be restricted to 400 feet. All altitudes reported 

to Air Traffic Control (“ATC”) shall be in feet AGL. 

4) The sUAS shall be operated within Visual Line-of-Sight (“VLOS”) of the pilot-in command 

(“PIC”) and visual observer at all times. The PIC must use human vision unaided by any 

device other than corrective lenses, as specified on the PIC’s FAA issued medical 

certificate. 

5) All operations must utilize a visual observer (“VO”). The VO may be used to satisfy the 

VLOS requirement as long as the PIC maintains VLOS capability. The VO and PIC must be 

able to communicate verbally at all times. The PIC must be designated before the flight 

and cannot transfer his or her designation for the duration of the flight. 

6) Any and all additional requirements identified in the exemption grant by the FAA shall be 

added to the sUAS General Operations Manual (“GOM”). The GOM must be maintained 

and made available to the Administrator upon request. If a discrepancy exists between 

the conditions and limitations in the granted exemptions and the GOM, the conditions 

and limitations in the granted exemptions shall take precedence and must be followed. 

Otherwise, the operator must follow the procedures outlined in the GOM. 

The operator may update or revise its GOM. It is the operator’s responsibility to track 

such revisions and present updated and revised documents to the Administrator upon 

the request. The operator must also present updated and revised documents if it 

petitions for an extension or amendment of the granted exemptions. If the operator 

determines that any update or revision would affect the basis upon which the FAA 

granted the exemptions, then the operator must petition for amendment to its 

exemptions. The FAA’s UAS Integration Office (AFS-80) may be contacted if questions 

arise regarding updates or revisions to the GOM. 

7) Prior to each flight the PIC must inspect the sUAS to confirm that it is in a condition for 

safe flight. The preflight inspection shall account for all discrepancies (i.e., inoperable 

components, items, or equipment). The PIC shall not operate the aircraft if the inspection 
reveals a condition that affects the safe operation of the sUAS until the necessary 

maintenance has been performed and the sUAS is found to be in a condition for safe 

flight. The Ground Control Station (“GCS”) shall be included in the preflight inspection. 

8) Any sUAS that has undergone maintenance or alterations that affect the sUAS operation 

or flight characteristics (e.g., replacement of a flight critical component) must undergo a 

functional test flight. The PIC who conducts the functional test flight must make an entry 

in the sUAS aircraft records. 

9) Hutton Construction must follow the manufacturer’s aircraft/component maintenance, 

overhaul, replacement, inspection, and life limit requirements. 

10) Hutton Construction shall carry out its maintenance, inspections, and record keeping 

requirements, in accordance with the manufacturer’s manuals and instructions. 

Maintenance, inspection, and alterations must be noted in the aircraft records, including 

total flight hours, description of work accomplished, and the signature of the authorized 

PIC or technician returning the sUAS to service. 

11) The PIC must make a record entry in the aircraft records of the corrective action taken 

against discrepancies discovered between inspections. 

12) The PIC must possess either an airline transport, commercial, private, recreational or 

sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or 

a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a 

territory, a possession, or the federal government. The PIC must also meet the flight 

review requirements specified in 14 C.F.R. § 61.56 in an aircraft in which the PIC is rated 

on his or her pilot certificate. 

13) Hutton Construction will not permit any PIC to operate the sUAS unless and until that PIC 

demonstrates the ability to safely operate the sUAS in a manner consistent with how the 

sUAS will be operated pursuant to this exemption, including evasive and emergency 

maneuvers and maintaining appropriate distances from people, vessels, vehicles and 

structures. PIC qualification flight hours and currency must be logged in a manner 

consistent with 14 C.F.R. § 61.51(b). 

14) The sUAS shall not be operated directly over any person, except authorized and 

consenting individuals, or below an altitude that is hazardous to persons or property on 

the surface in the event of a sUAS failure or emergency. 
15) Operating of the sUAS may be conducted at distances less than 500 feet from 

participating persons, vessels, vehicles or structures that perform an essential function in 

connection with these special purpose operations. Operations closer than 500 feet from 

the PIC, visual observer, operator trainees, and essential persons, are permitted when 

operationally necessary; but never so close as to present an undue hazard, per § 

91.119(a). 

16) Operation of the sUAS must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless: 

a. the aircraft is operated near vessels, vehicles or structures where 

the land owner/controller has granted permission and the PIC has 

made a safety assessment of the risk of operating closer to those 

objects and determined that it does not present an undue hazard. 

17) If the sUAS loses communications or loses its GPS signal, the sUAS must return to a predetermined location within the operational area and land or be recovered in accordance 

with the manufacturer’s user manuals. 

18) The PIC must abort the flight in the event of unpredicted obstacles or emergencies. 

19) The PIC is prohibited from beginning a sUAS flight unless (considering wind and forecast 

weather conditions) there is enough power to fly to the intended point of landing and, 

assuming normal cruising speed, operate after that for at least 5 minutes. 

20) Hutton Construction shall obtain an Air Traffic Organization (ATO) issued Certificate of 

Waiver of Authorization (COA) prior to conducting any operation. This COA will also 

require the filing of the NOTAM not more than 72 hours in advance, but not less than 48 

hours prior to the operation. 

21) All aircraft operated in accordance with the requested exemption must be identified by 

serial number, registered in accordance with 14 C.F.R. Part 47, and have identification (NNumber) markings in accordance with 14 C.F.R. Part 45, Subpart C. Markings shall be as 

large as practicable. 

22) Each sUAS must comply with all manufacturer System and Safety Bulletins. 

23) The radio frequency spectrum used for operation and control of the sUAS must comply 

with Federal Communication (FCC) or other appropriate government oversight agency 

requirements. 
24) The documents required under 14 C.F.R. §§ 91.9 and 91.203 shall be available to the 

operator at the Ground Control Station of the sUAS any time the aircraft is operating. 

These documents must be made available to the Administrator or any law enforcement 

official upon request.6

25) The sUAS must remain clear and yield the right of way to all other manned operations 

and activities at all times (including, without limitation, ultralight vehicles, parachute 

activities, parasailing activities, hang gliders, etc.). 

26) Operations shall occur under Visual Meteorological Conditions (VMC); flights under 

special visual flight rules (SVFR) shall not be conducted. 

27) The sUAS shall not be operated from any moving device or vehicle. 

28) The sUAS shall not be operated closer than 500 feet below or 2,000 feet horizontally 

from a cloud or when visibility is less than 3 statute miles from the PIC. 

29) Operations shall not occur in congested or densely populated areas. The sUAS may not 

operate in Class B, C, D or E airspace without written approval from the controlling 

authority. Operations will not be conducted within a 5 NM range of the geographic 

center of an airport as denoted on a current FAA-published aeronautical chart unless 

permission has been obtained from the local control tower or, in the case of a nontowered airport, written notice has been provided to the airport’s management, and the 

operation is conducted in accordance with a NOTAM as required by the grant of this 

exemption. 

30) All operations shall be conducted over private and/or controlled-access property with 

permission from the landowner/controller or authorized representative. Permission from 

the landowner, controller, manager or authorized representative will be obtained for 

each flight to be conducted. 

_____________________________ 

6

This is consistent with an FAA Office of Chief Counsel Opinion, dated August 8, 2014, and prepared by Dean E. 

Griffith, AGC-220, in which it was acknowledged that the intent of 14 C.F.R. § 91.9(b) and 91.203(a), (b) is met if 

the PIC of the UAS has access to the aircraft flight manual, registration certificate, and other required documents 

from the ground control station from which he or she is operating the UAS. Memorandum from Mark Bury, FAA 

Assistant Chief Counsel for International Law, Legislation and Regulation, to John Duncan, FAA Flight Standards 

Service (Aug. 8, 2014). 
31) Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA shall be reported to 

the FAA’s UAS Integration Office (AFS-80) within 24 hours. Accidents shall be reported to 

the National Transportation Safety Board (NTSB) per instructions contained on the NTSB 

Web site: www.ntsb.gov. 

32) sUAS operations may not be conducted during night, as defined by 14 C.F.R. § 1.1. 
APPENDIX C 

FEDERAL REGISTRY SUMMARY

Pursuant to 14 C.F.R. Part 11, Hutton Construction offers the following summary for publication 

in the Federal Register, should publication be necessary: 

Hutton Construction seeks an exemption from the following rules: 

14 C.F.R. Part 21, Subpart H; 14 C.F.R. § 91.7; 14 C.F.R. § 91.9(b)(2); 14 

C.F.R. § 91.113; 14 C.F.R. § 61.113(a)-(b); 14 C.F.R. § 61.133(a); 14 C.F.R. § 

91.119(c); 14 C.F.R. § 91.121; 14 C.F.R. § 91.151; 14 C.F.R. § 91.203; 14 

C.F.R. § 91.405(a)-(b); 14 C.F.R. § 91.407(a)(1); 14 C.F.R. § 91.409(a)(1)-(2); 

and, 14 C.F.R. § 91.417(a). 

Approval of these exemptions will permit Hutton Construction to conduct commercial 

unmanned aircraft systems (“UAS”) operations in commercial construction applications. 

The exemptions will enhance safety by reducing risk to the general public and property owners 

from the risk and hazards associated with performing equivalent work through individual 

construction workers and conventional manned aircraft.