January 27, 2016

U. S. Department ofTransportation, Docket Operations West Building Ground Floor, Room W12-140 1200 NewJersey Avenue, SE Washington, D.C. 20590 

# h HAYDON

Re: Petition for Exemption Under Section 333 ofthe FAA Modernization and Reform Act of2012 ("FMRA")

To Whom It May Concern: I am writing on behalfofHBC Aviation, LLC ("Petitioner"}, awholly-owned subsidiary of Haydon Building Corp ("Parent Company"). We are seeking an exemption underthe above-named Section 333 ofFMRA for oursmall Unmanned Aircraft Systems ("sUAS"), in orderto obtain authorization to operate them for commercial purposes in the NationalAirspace System {"NAS"). Parent Company is a commercial buildingcontractorspecializing in both General Building and Heavy Civil construction. Petitioner is an entitythat owns and leases aircraft, including sUAS, solely to Parent Company. The Petitionerwill use thesUAS to conduct aerial surveys and take pictures of Parent Company's construction projects. These photos and surveys will be used forthe internal business purposes ofthe Parent Company, including quality control. Operator's Nameand Address: HBC Aviation, LLC Attn: Ben Kester 4640 E. Cotton Gin Loop Phoenix, AZ 85040 bkester@haydonbc.com Applicable Regulationsfrom Which Relief is Required: 14 C.F.R. 61.23{a) and (c) 14 C.F.R. 61.101(e)(4) and (5) 14 C.F.R. 61.113(a) 14 C.F.R. 61.315(a) 14 C.F.R. 91.7(a) 14 C.F.R. 91.119(c) 14 C.F.R. 91.121 14 C.F.R. 91.151(a)(1) 14 C.F.R. 91.405(a) 14 C.F.R. 91.407(a)(1) 14 C.F.R. 91.409(a)(l) and (2) 14 C.F.R. 91.417(a) and (b) 

### HAYDON BUILDING CORP 4640 E. Cotton Gin Loop Phoenix, Arizona 85040 Tel 602.296.1496 Fax 602.296.1495 LIC#AROC108937, B-01 ROC108085U.S. Department ofTransportation, Docket Operations January 27, 2016 Howthe PetitionerWill Maintain an Equivalent Level ofSafety:

The sUAS will be operated by a Pilot In Command ("PIC") holding at least an FAA sport or recreational pilot license, currentlythe Petitioner's Chief Pilot, who holds multiple license certifications, including an airline transport pilot license, as well as a Second Class Medical Certificate. The sUAS PIC will utilize aVisual Observer ("VO") and will operate the sUAS within his visual line ofsight at all times. Prior to each flight, the PIC will conduct a pre-flight inspection and determinethat the sUAS is in acondition for safe flight. The PIC will not begin aflight unless there is enough available powerforthe sUAS to conduct the intended operation and to operate afterthatwith reserve power recommended by the manufacturer. The Petitionerwill operate its sUAS at airspeeds not exceeding the lesser of87 knots orthe aircraft manufacturer's recommended maximum (16 meters per second or 31 knots). Petitionerwill not operate the sUAS at altitudes morethan 400 feet above ground. In the eventthesUAS is to be operated at altitudes in excess of200 feet above ground, Petitioner understands thatwe must first obtain aseparate Certificate ofWaiver orAuthorization ("COA''). Petitionerwill notoperate its sUAS during night, norwithin 5 nautical miles ofan Airport Reference Point unless a letter ofagreement with that airport's management is obtained or otherwise permitted by aCOA issued to the Petitioner. The sUAS will be operated clear of, and will give way to, all manned aviation operations and activities at all times. The PIC will not operatethesUAS from any moving device orvehicle. All flight operations will be conducted over private orcontrolled-access property and at adistance not less than 500 feet from nonparticipating persons, vehicles, vessels, and structures. Petitioner has registered its sUAS in accordance with 14 CFR part47, and will have the identifying markings (Nnumbers) affixed to its sUAS. These N-numbers will be as large as practicable, in accordance with the relative size ofthe sUAS. The PIC will perform inspections ofthesUAS that it is in acondition for safe operation. Ifthe sUAS undergoes maintenance or alteration, the PIC will perform afunctional testflight in a mannerthatwill not pose an undue hazard to persons and property. The Petitionerwill ensure that its sUAS complies with all manufacturersafety bulletins, and will followthe manufacturer's recommended maintenance, replacement, inspection, and life limits for aircraft and components. The PIC will maintain all documents required to ensure the safe operation and flight ofthe sUAS, at the site ofthe sUAS Ground Control Station. The PIC will make these available to the FAA Administrator or any law enforcement official, upon request.

In the Public Interest: Approval ofan exemption allowing commercial operations ofsUAS for aerial data collection will enhance safety by reducing risk. The Petitioner's sUAS weigh less than 3 pounds each. They carry no passengers, cargo, orfuel, and they are carried and notflown to and from the target site. The Pilot and crew are located remotely from the aircraft. The sUAS fly at low speeds close to the ground to achieve their purpose. The limited weight and construction with impact-absorbent materials significantly reduces the potential for harm to persons or damage to

2U.S. Department ofTransportation, Docket Operations January 27, 2016 property in the event ofan incident or accident. The fact that the sUAS is battery-operated and carries no fuel eliminates the risk offire due to fuel spillage following an incident or accident. This is in contrast to the use of manned aircraft which weigh thousands ofpounds, carry sizable quantities of flammable fuel, and which must be flown to and from thetarget site. Once there, these large manned aircraft must fly close to thetarget at high speeds. The sUAS has the capability to operate safely after experiencing certain in-flight contingencies orfailures and uses an auto-pilot system to maintain UAS stability and control. The sUAS is also able to respond to a loss ofGPS or a lost-link event with a pre-coordinated, predictable, automated flight maneuver. These safety features provide an equivalent level ofsafety compared to a manned aircraft holding a restricted airworthiness certificate performing a similar operation. Proposed Operations: Petitioner proposes to operate the sUAS on the construction sites ofthe Parent Company in orderto obtain aerial photographs to be used by the Parent Company for internal purposes ofquality control, estimates ofcompletion, and promotional opportunities. On sites not owned bythe Petitioner orthe Parent Company, the Petitionerwill obtain the express permission ofthe owner ofthe projectto operatethe sUAS. The Petitionerwill not operate its sUAS for any closed-set motion picture ortelevision filming. The majority ofthe Parent Company's construction sites are located in remote areas, away from people and structures. Access tothe construction sites ofthe Parent Company is restricted to authorized personnel and is controlled by such devices as fencing and other barriers. Members ofthe general public are prohibited from being on the premises. The Parent Company employs full-time dedicated safety personnel whose sole function is to ensure the safety ofall construction personnel and equipment present atjobsites. The Aircraft for Proposed Operations: Petitioner proposes to operate the DJI Phantom 3Advanced UAS and the DJI Phantom 3 Professional UAS. The Petitioner has submitted registrations for both with the Federal Aviation Administration's ("FAA") Unmanned Aircraft Registry. We are waitingforthe FAA to assign random N-numbers tothe UAS. The FAA has granted numerous requests for exemption that are in all material respects identical to that ofthe Petitioner. We believe thatgrantingthis petition would not set any new precedent, and any delay in acting on our petition would be detrimental to us. Therefore, we believe that our petition qualifies for summary processing, and publishing asummary ofour petition in the Federal Register is unnecessary. We respectfully request that you grant our exemption.

# ~a_;£_ Cynthia A. Lee, CFO



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