January 27, 2016 

U. S. Department of Transportation, Docket Operations 

West Building Ground Floor, Room W12-140 

1200 New Jersey Avenue, SE 

Washington, D.C. 20590 

h 

HAYDON 

Re: Petition for Exemption Under Section 333 of the FAA Modernization and Reform Act of 2012 ("FMRA") 

To Whom It May Concern: 

I am writing on behalf of HBC Aviation, LLC ("Petitioner"}, a wholly-owned subsidiary of Haydon Building Corp 

("Parent Company"). We are seeking an exemption under the above-named Section 333 of FMRA for our small 

Unmanned Aircraft Systems ("sUAS"), in order to obtain authorization to operate them for commercial purposes in 

the National Airspace System {"NAS"). 

Parent Company is a commercial building contractor specializing in both General Building and Heavy Civil 

construction. Petitioner is an entity that owns and leases aircraft, including sUAS, solely to Parent Company. The 

Petitioner will use the sUAS to conduct aerial surveys and take pictures of Parent Company's construction projects. 

These photos and surveys will be used for the internal business purposes of the Parent Company, including quality 

control. 

Operator's Name and Address: 

HBC Aviation, LLC 

Attn: Ben Kester 

4640 E. Cotton Gin Loop 

Phoenix, AZ 85040 

bkester@haydonbc.com 

Applicable Regulations from 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# A ROC108937, B-01 ROC108085 
U.S. Department of Transportation, Docket Operations 

January 27, 2016 

How the Petitioner Will Maintain an Equivalent Level of Safety: 

The sUAS will be operated by a Pilot In Command ("PIC") holding at least an FAA sport or recreational pilot license, 

currently the 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 a Visual Observer ("VO") and will 

operate the sUAS within his visual line of sight at all times. 

Prior to each flight, the PIC will conduct a pre-flight inspection and determine that the sUAS is in a condition for 

safe flight. The PIC will not begin a flight unless there is enough available power for the sUAS to conduct the 

intended operation and to operate after that with reserve power recommended by the manufacturer. 

The Petitioner will operate its sUAS at airspeeds not exceeding the lesser of 87 knots or the aircraft manufacturer's 

recommended maximum (16 meters per second or 31 knots). Petitioner will not operate the sUAS at altitudes 

more than 400 feet above ground. In the event the sUAS is to be operated at altitudes in excess of 200 feet above 

ground, Petitioner understands that we must first obtain a separate Certificate of Waiver or Authorization ("COA''). 

Petitioner will not operate its sUAS during night, nor within 5 nautical miles of an Airport Reference Point unless a 

letter of agreement with that airport's management is obtained or otherwise permitted by a COA 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 operate the sUAS from any moving device or vehicle. All flight operations will be conducted over 

private or controlled-access property and at a distance not less than 500 feet from nonparticipating persons, 

vehicles, vessels, and structures. 

Petitioner has registered its sUAS in accordance with 14 CFR part 47, 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 

of the sUAS. 

The PIC will perform inspections of the sUAS that it is in a condition for safe operation. If the sUAS undergoes 

maintenance or alteration, the PIC will perform a functional test flight in a manner that will not pose an undue 

hazard to persons and property. The Petitioner will ensure that its sUAS complies with all manufacturer safety 

bulletins, and will follow the 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 of the sUAS, at the site of the 

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 of an exemption allowing commercial operations of sUAS 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, or fuel, and 

they are carried and not flown 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 

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U.S. Department of Transportation, Docket Operations 

January 27, 2016 

property in the event of an incident or accident. The fact that the sUAS is battery-operated and carries no fuel 

eliminates the risk of fire due to fuel spillage following an incident or accident. 

This is in contrast to the use of manned aircraft which weigh thousands of pounds, carry sizable quantities of 

flammable fuel, and which must be flown to and from the target site. Once there, these large manned aircraft 

must fly close to the target at high speeds. 

The sUAS has the capability to operate safely after experiencing certain in-flight contingencies or failures and uses 

an auto-pilot system to maintain UAS stability and control. The sUAS is also able to respond to a loss of GPS or a 

lost-link event with a pre-coordinated, predictable, automated flight maneuver. These safety features provide an 

equivalent level of safety 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 of the Parent Company in order to obtain aerial 

photographs to be used by the Parent Company for internal purposes of quality control, estimates of completion, 

and promotional opportunities. On sites not owned by the Petitioner or the Parent Company, the Petitioner will 

obtain the express permission of the owner of the project to operate the sUAS. The Petitioner will not operate its 

sUAS for any closed-set motion picture or television filming. 

The majority of the Parent Company's construction sites are located in remote areas, away from people and 

structures. Access to the construction sites of the Parent Company is restricted to authorized personnel and is 

controlled by such devices as fencing and other barriers. Members of the 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 of all construction personnel and equipment present at jobsites. 

The Aircraft for Proposed Operations: 

Petitioner proposes to operate the DJI Phantom 3 Advanced 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 waiting for the FAA to assign random N-numbers to the UAS. 

The FAA has granted numerous requests for exemption that are in all material respects identical to that of the 

Petitioner. We believe that granting this 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 a summary of our petition in the Federal Register is unnecessary. We respectfully request that you grant 

our exemption. 

~a_;£_ Cynthia A. Lee, CFO 

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