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 an d 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 includ ing, without limitation, healthcare, education, hospitality, industrial, entertainment a nd retail, office and corporate headquarters. Hutton Construction plans to use the sUAS for aeria l imagery, inspection and data collection services for its projects at construction sites acr oss 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 a nd more real-time decisions in construction that will enhance overall safety and lead to econom ic efficiencies.

The safety and public benefits of using the sUAS in commercial construction applications are significant. The sUAS reduce the need to operate ma nned 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 fatalit ies 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 subjec t to strict operating requirements and

conditions to ensure at least an equivalent level o f safety to currently authorized operations using manned aircraft and under conditions as may b e 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 (1,27 0 grams), the DJI Inspire 1 weighs approximately 6.5 pounds (2,948 grams) and the 3D R obotics Solo weighs approximately 3.3 pounds (1,497 grams). All models are powered electr ically via small, lithium polymer batteries that drive electric propellers. They operate at a c ruising 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 e xtensive automated control features, redundant systems, and integrated fail-safes, and t hey 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 perso n, flight operations performed pursuant to this exemption will consist of at least two peop le: 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, f light range, battery life, and other operating limitations. The observer will be responsible for m onitoring 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 th e PIC will complete training specific to the

sUAS. The PIC will be a certificated airman who hol ds either an airline transport, commercial, private, recreational or sport pilot certificate. T he PIC must also hold a current FAA airman

medical certificate or a valid U.S. driver’s licens e issued by a state, the District of Columbia, Puerto Rico, a territory, possession, or the federa l government.

Because the sUAS will be used in lieu of comparativ ely higher risk operations now conducted with either fixed wing and rotary manned aircraft o r by individuals, the FAA can have confidence that Hutton Construction’s operations wi ll 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 al ready 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.] Accordin gly, it should grant this exemption request without delay.

Applicant Information

The name of the applicant is:

Hutton Construction CompanyThe 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 exemption s 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 applicatio ns 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 s afely. 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.

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1 As set forth in Appendix B, Hutton Construction wil l operate under similar operating conditions as tho se required in the other grants of exemption, in which exemptio ns for certain FARs were deemed by the FAA as “not necessary.” Accordingly, Hutton Construction does n ot request FAA exemption from 14 C.F.R. 45.23(b), 91.103, and 91.109(a). If the FAA determines that relief from th ese or any other regulation is required for the ope rations proposed herein, Hutton Construction will be happy to submit an amendment to this request and include justifications for those necessary additional exemp tions.In making this determination, the Secretary is requ ired 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 capa bility;

• 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 e stablish 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 t he authority to issue exemptions. This statutory authority, by its terms, includes exempti ng civil aircraft, as the term is defined under §40101 of the Act, from the requirement that all ci vil aircraft must have a current airworthiness certificate and those regulations requiring commerc ial pilots to operate aircraft in commercial

service:

The Administrator may grant an exemption from a req uirement of a regulation prescribed under subsection (a) or (b) of this section or any of sections 44702-44716 of this titl e 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 publ ic interest based on the clear direction in Section 333 of the Reform Act; the additional autho rity in the Federal Aviation Act, as amended; the strong equivalent level of safety surr ounding the proposed operations; and the significant public benefit, including enhanced safe ty and cost savings associated with transitioning to UAS for aerial imagery, data colle ction and inspection services. Hutton Construction therefore respectfully requests that t he FAA grant the requested exemption without delay.

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2 This provision places a duty on the Administrator t o not only process applications for exemptions unde r Section 333, but for the Administrator, if he deems the condit ions proposed herein to require modification in ord er to allow approval, to supply conditions for the safe o peration of the UAS. Hutton Construction welcomes t he opportunity to consult with FAA staff to address an y issues or concerns that this proposal may raise t hat 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 e vidence of the airworthiness of the sUAS.

Hutton Construction believes that the sUAS have bee n shown to be airworthy and compliant with a significant level of safety. The many previo us 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 Exemp tion Nos. 11325, 11357, 11335A, 12146, 12398, .]

To enhance safety, it is also important to note tha t the sUAS are equipped with automated features which enhance safe takeoff, flight, and la nding in many conditions, further details of which are provided in the applicable DJI and 3D Rob otics User Manuals. 3

To maintain airworthiness, Hutton Construction will follow the inspection and maintenance programs designed specifically for the sUAS by thei r manufacturer, DJI and 3D Robotics. Those programs are enhanced by an inflight monitoring sys tem 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 groun d, weak data link signal, etc.) the sUAS will automatically initiate a preprogrammed safety proce dure. In the event of any malfunction, the sUAS will undergo all maintenance required by the m anufacturer and undergo flight testing before recommencing commercial operations.

Proposed Operations and Associated Conditions

Hutton Construction intends to use the sUAS that we igh significantly less than 55 pounds for the purpose of collecting aerial photography and da ta, 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 dur ing daylight hours, and at altitudes well below that which would pose a risk to other aircraf t.

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3 Hutton Construction submits the following document s, as proprietary and under confidentiality, in sup port 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-P 3_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_Gu idelines_v1.0; Inspire_1_User_Manual_v1.4; Inspire_1_Intelligent_Flight_Battery_Safety_Guideli nes_v1.0; 3DRSOLO_Best Practices; 3DRSOLO_Flight Safet y; 3DRSOLO_Preflight Checklist; 3DRSOLO_Quick Start Quid e_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 p eople, 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 ri sk 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 req uired 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 li mit 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 reliabl e operation. With pre-programmed flights and manual control, operators can easily maintain separ ation 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-sigh t (VLOS) and below 400 feet AGL. In addition, Hutton Construction will obtain FAA Air T raffic 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, Hutt on Construction will require that the PIC hold either an airline transport, commercial, priva te, recreational or sport pilot certificate. The

PIC must also hold a current FAA airman medical cer tificate 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 fli ght review requirements pursuant to the Federal Aviation Regulations (“FARs”).

In addition, the PIC must complete a training progr am 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 gene ral 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 co ndition 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 respect fully 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 hazard ous 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 b y 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 equi pment to observe construction sites from heights above the surface.

Conventional aerial photography, inspection and mon itoring operations using manned aircraft involve heavy aerial aircraft that must transit fro m airports to the operational location, carrying significant amounts of combustible fuel, and a mult i-person crew. Manned aircraft are also at risk of fuel spillage and fire in the event of an a ccident 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 approximatel y 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 o f 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 o ther dangerous materials, the use of the sUAS pose no threat to national security. In fact, the t hreat 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 screen ing 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 publ ic interest based on the clear direction in Section 333, the Federal Aviation Act, 4 the high a nd equivalent level of safety of the proposed operations, and the significant public benefit, inc luding enhanced safety and cost savings to be

realized as a result of the use of the sUAS for aer ial imagery, data collection and inspections. It is also in-line with the previous Grants of Exempti on by the FAA for the same and similar sUAS models. [FAA Exemption Nos. 11357, 11325, 11327.] A ccordingly, Hutton Construction respectfully requests that the FAA grant an expedit ed exemption.

Sincerely, Hutton Construction Company, Inc.

Mike BrownAPPENDIX A

EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SH OWINGS

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, est ablishes 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 airwor thiness process under Part 21 Subpart H to achieve or exceed current safety levels. 5

Such an exemption meets the requirements of an equi valent 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 requi rement for an airworthiness certificate, upon consideration of the size, weight, speed, oper ational capability, and proximity to airports and populated areas of the UAS involved.

In this case, an analysis of these criteria demonst rates that the sUAS operated without an airworthiness certificate, under the conditions pro posed herein, will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcr aft) 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 p ilot 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 conditio ns set forth in Appendix B , the applicable DJI and 3D Robotics manuals, the Hutton Constructio n sUAS General Operations Manual (“GOM”), and by local public safety requirements.

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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 ap plication. These criteria are satisfied and therefore no exemp tion is needed. [See, e.g., Exemption No. 11220 (an exem ption from 91.203 not required for the Phantom).] However, Hut ton Construction requests an exemption in the event

that the FAA determines that some characteristics o f the sUAS fail to meet the requirements of the Ref orm 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 lea st an equivalent level of safety to that of such operations conducted with conventional manned aircr aft 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 describe d in the DJI and 3D Robotics User Manuals, and throughout this document, underscore the import ance placed on safety and reliability in the design and manufacture of the sUAS.

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

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 FA A granted relief under § 91.7(a) through a requirement that each petitioner ensure that the sU AS is in an airworthy condition – based on compliance with the User Manual – prior to every fl ight. [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, t he 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, H utton 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 maintaine d by each person operating an aircraft to

see and avoid other aircraft. Unlike manned aircraf t, 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 individu als—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 possibl e intrusions. The sUAS will also be limited to designated areas below 400 feet AGL and within a vi rtual 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 Pil ot Privileges and Limitations; Pilot in Command; Commercial Pilot Privileges and Limitation sSection 61.113(a) & (b) limit private pilots to non -commercial operations. Unlike a conventional

aircraft that carries a pilot, passengers, and carg o, 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 oper ator requirements should take into account the characteristics of the particular UAS. Here, th e 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 collectio n and inspections.

Considering these conditions, operating limitations and restrictions, an equivalent level of safety will be provided by allowing operation of th e sUAS by Hutton Construction with individuals who possess a valid FAA airline transpo rt, commercial, private, recreational or sport pilot certificate. The risks associated with the op eration of the sUAS (given their small size, speed, operational capabilities and limitations, an d lack of combustible fuel) are so diminished

from the level of risk associated with commercial o perations (and even operations permitted with a private pilot certificate) contemplated by P art 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 (re quiring at least a recreational or sport pilot certificate, and a current FAA airman medical certi ficate or valid U.S. driver’s license).]

14 CFR § 91.119: Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for opera tion of civil aircraft. Specifically, 91.119(c) limits aircraft flying over areas other than conges ted areas to an altitude of 500 feet above the surface, except over open water or sparsely populat ed 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 h igher than 400 feet AGL. The sUAS will, however, be operated to avoid congested or populate d 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 9 1.119(c) is needed.

The equivalent level of safety will be achieved giv en 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 own er or those who control the land. Because of the advance notice to the landowner, all affecte d individuals will be aware of the flights.Compared to operations conducted with aircraft or r otorcraft weighing far more than the sUAS,

and carrying flammable fuel, any risk associated wi th these operations will be significantly less than those currently allowed with conventional airc raft operating at or below 500 feet AGL. Indeed, the low-altitude operations of the sUAS wil l 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 beginn ing “a flight in an airplane under VFR conditions unless (considering wind and forecast we ather conditions) there is enough fuel to fly to the first point of intended landing and, assumin g normal cruising speed – (1) During the day, to fly after that for at least 30 minutes; or (2) A t night, to fly after that for at least 45 minutes. ”

The DJI Phantom 2 is powered by a removable, rechar geable, 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 bur densome reserve requirement for flight in daylight VFR conditions is reasonable. Moreover, th e DJI Phantom 2 provides low battery warnings that indicate the PIC must command the air craft’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 lan ding at the critical low battery warning.

The DJI Phantom 3 is powered by a removable, rechar geable, 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 bur densome reserve requirement for flight in daylight VFR conditions is reasonable. Moreover, th e DJI Phantom 3 provides low battery warnings that indicate the PIC must command the air craft’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 lan ding at the critical low battery warning.

The DJI Inspire 1 is also powered by a removable, r echargeable, 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 bur densome reserve requirement for flight in daylight VFR conditions is reasonable. Moreover, th e DJI Inspire 1 provides low battery warnings that indicate the PIC must command the air craft’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, rec hargeable, 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 bur densome reserve requirement for flight indaylight VFR conditions is reasonable. Moreover, th e 3D Robotics Solo provides low battery

warnings that indicate the PIC must command the air craft’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 lan ding at the critical low battery warning.

An exemption from 14 CFR § 91.151(a) is safe and wi thin 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 FA A grant relief under the condition that the PIC will not begin a flight unless (considering win d 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 leas t 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 aircr aft operator to carry airworthiness

documents and other aircraft manuals onboard the ai rcraft 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 t he 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 cond ucting operations. This is consistent with a prior opinion of the FAA Office of the Chief Counse l, and other grants of exemptions for commercial UAS operations. [See Memorandum from Mar k 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 operat ing an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the c ase 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 i n paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriat e available station;

• In the case of an aircraft not equipped with a radi o, the elevation of the departure airport or an appropriate altimeter setting availab le before departure.To provide an equivalent level of safety, the sUAS autopilot calculates the reference altitude

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

transmitted to the PIC. The PIC shall confirm the a ltitude of the launch site shown on the GPS altitude indicator before flight. The FAA has grant ed 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 warran ted 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 operato r or owner “shall have that aircraft inspected as prescribed in subpart E of this part and shall b etween required inspections, except as provided in paragraph (c) of this section, have dis crepancies repaired as prescribed in part 43 of this chapter....” Section 91.407 similarly makes re ference 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 mec hanics, 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 beca use 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 an d inspections in accordance with the manufacturers’ manuals and any required manufacture r 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 affe cting safe operation of the sUAS and no flights will occur unless and until all flight critical com ponents of the sUAS have been found to be in a condition for safe operation. A functional flight t est 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 ar e limited to the DJI Phantom 2, the DJI Phantom 3, the DJI Inspire 1 and the 3D Robotic s Solo (collectively, the “sUAS”) when weighing less than 55 pounds including payload. Pro posed 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 excee ding 87 knots (100 miles per hour).

3) Above Ground Level (“AGL”) altitude shall be restri cted 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-Si ght (“VLOS”) of the pilot-in command (“PIC”) and visual observer at all times. The PIC m ust use human vision unaided by any device other than corrective lenses, as specified o n 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 t he 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 reques t. If a discrepancy exists between the conditions and limitations in the granted exemp tions and the GOM, the conditions and limitations in the granted exemptions shall tak e 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 th e operator’s responsibility to track such revisions and present updated and revised docu ments 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 gran ted 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 peti tion for amendment to its exemptions. The FAA’s UAS Integration Office (AFS-8 0) 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 inspectionreveals a condition that affects the safe operation of the sUAS until the necessary

maintenance has been performed and the sUAS is foun d 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 alterati ons that affect the sUAS operation or flight characteristics (e.g., replacement of a f light critical component) must undergo a functional test flight. The PIC who conducts the fu nctional 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 r equirements.

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 no ted in the aircraft records, including total flight hours, description of work accomplishe d, 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 re cords of the corrective action taken against discrepancies discovered between inspection s.

12) The PIC must possess either an airline transport, c ommercial, private, recreational or sport pilot certificate. The PIC must also hold a c urrent FAA airman medical certificate or a valid U.S. driver’s license issued by a state, th e 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 oper ate 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, i ncluding evasive and emergency maneuvers and maintaining appropriate distances fro m people, vessels, vehicles and structures. PIC qualification flight hours and curr ency 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 pe rson, except authorized and consenting individuals, or below an altitude that i s hazardous to persons or property on the surface in the event of a sUAS failure or emerg ency.15) Operating of the sUAS may be conducted at distances less than 500 feet from

participating persons, vessels, vehicles or structu res that perform an essential function in connection with these special purpose operations. O perations closer than 500 feet from the PIC, visual observer, operator trainees, and es sential persons, are permitted when operationally necessary; but never so close as to p resent an undue hazard, per § 91.119(a).

16) Operation of the sUAS must be conducted at least 50 0 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 an d the PIC has made a safety assessment of the risk of operating c loser to those objects and determined that it does not present an undue hazard.

17) If the sUAS loses communications or loses its GPS s ignal, 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 unpre dicted 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 Org anization (ATO) issued Certificate of Waiver of Authorization (COA) prior to conducting a ny operation. This COA will also require the filing of the NOTAM not more than 72 ho urs in advance, but not less than 48 hours prior to the operation.

21) All aircraft operated in accordance with the reques ted 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 appropria te 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 Admin istrator or any law enforcement official upon request. 6

25) The sUAS must remain clear and yield the right of w ay to all other manned operations and activities at all times (including, without lim itation, ultralight vehicles, parachute activities, parasailing activities, hang gliders, e tc.).

26) Operations shall occur under Visual Meteorological Conditions (VMC); flights under special visual flight rules (SVFR) shall not be con ducted.

27) The sUAS shall not be operated from any moving devi ce 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 stat ute 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 writ ten 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-pu blished 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 t o the airport’s management, and the operation is conducted in accordance with a NOTAM a s 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 authori zed representative. Permission from the landowner, controller, manager or authorized re presentative will be obtained for each flight to be conducted.

_____________________________

6 This is consistent with an FAA Office of Chief Coun sel 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 i f the PIC of the UAS has access to the aircraft fligh t manual, registration certificate, and other requi red documents from the ground control station from which he or sh e is operating the UAS. Memorandum from Mark Bury, FAA Assistant Chief Counsel for International Law, Legi slation and Regulation, to John Duncan, FAA Flight Standards Service (Aug. 8, 2014).31) Any incident, accident, or flight operation that tr ansgresses the lateral or vertical

boundaries of the operational area as defined by th e 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 nece ssary:

Hutton Construction seeks an exemption from the fol lowing 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); 1 4 C.F.R. § 91.409(a)(1)-(2); and, 14 C.F.R. § 91.417(a).

Approval of these exemptions will permit Hutton Con struction to conduct commercial unmanned aircraft systems (“UAS”) operations in com mercial construction applications. The exemptions will enhance safety by reducing risk to the general public and property owners from the risk and hazards associated with performin g equivalent work through individual

construction workers and conventional manned aircra ft.