U. S. Department of Transportation

Docket Management System 1200 New Jersey Ave., SE Washington, DC 20590
Re: Exemption Request Section 333 of the FAA Reform Act of 2012 Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, Hill City Aviation, a consulting and Services Company and operator of Small Unmanned Aircraft Systems (“sUASs”), hereby applies for an exempti on from the Federal Aviation Regulations (FARs) listed below to allow operation of our Small Unmanned Aircraft System (sUAS) Commercially in airspace regulated by the Federal Aviation Administration (FAA) so long as such Operations are conducted with an d under the conditions outlined herein or as may be established by the FAA as required by Section 333. The requested exemption would permit Hill City Aviation. to pursue its commercial interests in providing Services to clients using a small advanced sU AS in the following areas: 1. Precision agriculture aerial surveying 2. Pipeline inspection and patrolling 3. Utility

- power generation system inspections and patrolling 4. Communications infrastructure inspection/monitoring 5. Wildlife and forestry monitoring 6. Const ruction site inspection and monitoring 7. Public entity support operations. 8. Real estate photography As described more fully below, the requested exemption would permit the operation of small, Unmanned and relatively inexpensive sUAS under controlled conditions in airspace that is limited Predetermined controlled as to access and would provide safety enhancements to the already best Practices safety protocols followed by Hill City Aviation at each of its client project locations. Approval of this Exemption would thereby enhance safety and fulfill the Secretary of Transportation’s (the FAAAdministrator’s) responsibilities to “...establish requirements for the safe operation of such aircraft

Systems i n the national airspace system.” Section 333(c) of the Reform Act. The name and address of the applicant is: Hill City Aviation Attn: Gregory J Johnson 227 Dabney st Lynchburg, VA 24504 Phone: 434

-401

- 6252 Email: hillcitydrones@gmail.com Regulations from which the exemption is requested: 14 C.F.R. Part 21 Certification procedures for products and parts 14 C.F.R. 45.23(b) Identification and registration marking 14 C.F.R. 61.113 (a) & (b ) Private pilot privileges and limitations: pilot in command

. 14 C.F.R. 91.7 (a) civil aircraft airworthiness 14 C.F.R. 91.9 (b) (2) Civil aircraft flight manual, marking, and placard requirements 14 C.F.R. 91.103 Preflight action 14 C.F.R. 91.109 Flight instruction; simulated instrument flight and cert ain flight tests 14 C.F. R. 91.119 Minimum safe altitudes; general 14 C.F.R. 91.121 Altimeter settings 14 C.F.R. 91.151 (a) Fuel requirements and flight in VFR conditions 14 C.F.R. 91.203 (a) & (b ) civil aircraft; certifications required 14 C.F. R. 91.405 (a) Maintenance required 14 C.F.R. 407 (a) (1) Operation after maintenance, preventative maintenance, rebuilding Or alteration 14 C.F.R. 409 (a) (2) Inspections 14 C.F.R. 417 (a) & (b) Maintenance records I. STATUTORY AUTHORITY FOR EXEMPTIONS The Federal Aviation Act expressly grants the FAA authority to issue exemptions. This statutory authority includes exempting civil aircraft, as the term is defined unde r §40101 of the Act, including sUASs, from the requirement that all civil aircraft must have a current airworthiness certificate. The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) ofthis section or any sections 44702

-44716 of this title i f the Admi nistrator finds the exemption in the

public interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203(a) (1). Section 333(b) of the Reform Act assists the Secretary i n determining whether sUAS may operate in the Nat ional Airspace System (NAS) without creating a hazard to the user, the public, or a threat to national security. In making this determination, the Secretary must consider: • The Susa’s size, weight, speed, and operational capability; • Whether the sUAS op erates within the visual line of sight of the operator • Whether the sUAS operates outside of highly populated areas and away from close proximity to Airports Reform Act §333(a). If the Secretary determines that a sUAS “may operate safely in the nationa l airspace system, the Secretary shall establish requirements for the safe operation of such aircraft in the national airspace system.” Id. §333(c). Hill City Aviation’s sUASs are rotorcraft, weighting 55 or fewer lbs. including payload. They op erate, und er normal conditions at a speed of no more than 50 knots and have the capabi lity to hover, and move in the vertical and horizontal plane simultaneously. They will operate only in line of sight and will operate only within a sterile area. Such operations wi ll insure that the sUAS will “not c reate a hazard to users of the national airspace system or the public.” We are petitioning for exemption to enable Hill City Aviation to operate 2 DJI Phantom 3 Pro 4k multi

rotor equipped with a three

- axis gimbal ed came ra . These sUAS all weigh less than 25 lbs., have a built

in capability to limit the height it flies above the grou nd, to limit the radius of the distance it flies from the operator and to exclude it from Class B, C and D ai rspace including a no fly zone feature. Each system also has the failsafe function of the autopilot system, which means when the communication between the Main Controller and the transmitter is lost, the system will automatically trigger Return to Home and will land safely. Given the sma ll size of the sUAS involved and the restricted and sterile environment within which they will operate, our application falls squarely within the zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA must, by exemption, a llow commercial operations of sUAS to commence immediately. Also due to the small size of the sUAS and th e low altitudes and restricted areas in which the sUAS will operate, approval of the application presen ts no national security issue. Given the clear d irection in Section 333 of the Reform Act, the auth ority contained in the Federal Aviation Act, as amended; the strong equivalent level of safety surrou nding the proposed operations, and the significant public benefit, including enhanced safety, the grant of the requested exemptions is in the public in terest. Accordingly, Hill City Aviation respectfully requests that the FAA grant the requested exemption without delay. Applicant inte rprets this provision to place the duty on the Administrator to not only process applications for exemptions under section 333, but for the Administrator to craft conditions for the safe operation of the UAS, if it should be determined that the conditions set forth herein do not fulfill the statutory requirements for approval. The Federal Aviation Act expressly g rants the FAA the authority to issue exemptions. This statutory authority by its terms includes exempting civil aircraft, as the term isdefined un der §40101 of the Act that includes sUASs, from the requiremen t that all civil aircraft must

have a current airworthiness certificate.

II . PUBLIC INTEREST This exemption application is expressly submitted to fulfill Congress’ goal in passing Section 333 (a) through (c) of the Reform Act. This law directs the Secretary of Tran sportation to consider whether certain unmanned aircraft systems may operate safely in the nationa l airspace system (NAS) before completion of the rulemaking required under Section 33 2 of the Reform Act. By granting an exemption the FAA will fulfill Congress’s intent of allowing UAS to operate with signifi cant safety precautions in low risk environments. The use of sUAS on a work site can significantly reduce the risk to workers of fa lls while inspecting, surveying, or monitoring site progress. sUAS can inspect, photograph, and collect data on hard to get to areas that otherwise would require worker inspection. Falls are a leadin g source of workplace fatality and injury on construction sites, and reducing falls through sUAS use for s ite imaging could save workers lives. Additionally, sUAS could replace the use of helicopters and small aircraft to monitor sites. The sUAS we propose to fly in this application are under five pounds, and c arry no com bustible material on board, as opposed to the much larger conventionally powered small aircraft. Shi fting to sUAS from helicopters presents a marked safety increase for our workers and the public. Lastly, sUAS reduce the environmental impact by dramatically decreasing the energy used for aerial imaging and data collection over a construction site. Our sUAS use recharge able lithium ion batteries, as opposed to fossil fuels burned in operation of small aircraft that are many hundreds of times heavi er. Reform Act § 333 (a). Lastly, if the Secretary determines that such vehic les “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. §33 3(c) (emphasis added) accordingly, the applicant respectfully requests that the FAA grant t he requested exemption without delay. III . AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY Hill City Aviation proposes that the exemption requested herein apply sUAS th at have the c haracteristics and that operate with the limitations listed herein. These limitations provide for at least an equivalent or even higher level of safety to operations under the current regulatory structure because the proposed operations repres ent a safety enhancement to the already safe operatio ns conducted with conventional aircraft. These limitatio ns and conditions to which Hill City Aviation agre es to be bound when conducting commercial operations under an FAA issued exemption include: 1. The sUAS will be less than 55pounds. 2. Flights will be operated within visual line of sight of a pilot. 3. Maximum total flight time for each operational flight will be 30 minutes. The UAS calculates battery reserve in real time, and will return to its ground station wit h at least 20% battery power reserve should that occur prior to the 30 minute limit. 4. Flights will normally be operated at an altitude of 200 feet AGL, never exceeding 400 feet AGL. 5. Crew for each operation will consist of the sUAS Pilot who will keep the sUAS within his visual Line of sight at all times.6. The sUAS Pilot will be trained in flight, operations, and safety procedures as detailed in the

Flight Manual. 7. The sUAS will only operate within a confined “Sterile Area” as defined in the Manual. The Manual also requires the establishment of a “Security Perimeter” for the flight operations area. 8. A briefing will be conducted in regard to the planned sUAS o perations prior to each day’s Production activities. It will be mandatory that all personnel who will be performing duties Within the boundaries of the safety perimeter be present for this briefing. 9. All onsite personnel will consent to the UAS flyover on site by waiver, and the operator will Obtain additional verbal or written consent of all persons who will be allowed within 100 feet of The flight operation. 10. Pilot will have been trained in operation of UASs generally and received up

-to
- date information On the particular UAS to be operated as required by Section F of the Manual. 11. Written and/or oral permission from the relevant property holders will be obtained. 12. All required permissions and permits will be obtained from territorial , state, county or city Jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies. 13. If the sUAS loses communications or loses its GPS signal, it will have capability to enter “loiter Mode” and hover, reestablish satellite connection, and return to a predetermined location Within the Security Perimeter and land. IV. DESCRIPTION OF SPECIFIC REGULATIONS 14 C.F.R. § 45.23 (b). Identification and registration markings (a) Each operator of a n aircraft must display on that aircraft marks consisting of the Roman capital Letter “N” (denoting United States registration) followed by the registration number of the aircraft. Each Suffix letter used in the marks displayed must also be a Roman capit al letter. (b) When marks include only the Roman capital letter “N” and the registration number is displayed On limited, restricted or light

-sport category aircraft or experimental or provisionally certificated aircraft, The operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words “limited,” “restricted,” “ light sport,” “experimental,” or “provisional,” as applicable. Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS Will have no entrance to the cabin, cockpit or pilot station on which the word “Experimental” can bePlaced . Given the size of the sUAV, two

- inch lettering will be impossible. The word “Experimental” will

Be placed on the fuselage in compliance with §45.29 (f). The equivalent level of safety will be provided by having the sUAV marked on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the sUAV will see the identification of the UAS as “Experimental.” The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738, 10167 and 10167A. 14 CF R § 61.113 (a) & (b): Private pilot privileges and limitations: Pilot in command (a) Except as provided in paragraphs (b) through (h) of this section, no person who holds a private Pilot certificate may act as pilot in command of an aircraft that is carrying passengers or property for Compensation or hire; nor may that person, for compensation or hire, act as pilot in command of an Aircraft

. (b) A private pilot may, for compensation or hire, act as pilot in command of an aircraft in connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire. (c) A private pilot may not pay less than the pro rata share of the operating expenses of a flight With passengers, provided the expenses involve only fuel, oil, airport expenditures, or rental fees. (d) A private pilot may act as pilot in command of a charitable, nonprofit, or community event flight described in §91.146, if the sp onsor and pilot comply with the requirements of §91.146. (e) A private pilot may be reimbursed for aircraft operating expense s that are directly related to search and location operations, provided the expenses involve only fuel, oil, airport expenditures, or rental fees, and the operation is sanctioned and under the direction and control of: (1) A local, State, or Federal agency; or (2) An organization that conducts search and location operations. (f) A private pilot who is an aircraft salesman and who has at least 200 hours of logged flight time May demonstrate an aircraft in flig ht to a prospective buyer . ( g) A private pilot who meets the requirements of §61.69 may a ct as a pilot in command of an aircraft towing a glider or unpowered ultralight vehicle. (h) A private pilot may act as pilot in command for the purpose of conducting a production flight test in a light

-sport aircraft intended for certification in the light

-sport category under §21.190 of this chapter, provided that

— (1) The aircraft is a powe red parachute or a weight

- shift

- control aircraft;(2) The person has at least 100 hours of pilot

- in

- command time in the category and class of aircraft

flown; and (3) The person is familiar with the processes and procedure s applicable to the conduct of prod uction flight testing, to include operations conducted under a special fl ight permit and any associated operating limitations. Sections 61.113 (a) & (b) limit private pilots to non

- commercial operati ons. Because the sUAS will not carry a pilot or passengers, the proposed operations can achieve the equival ent level of safety of current operations by requiring the Pilot operating the aircraft to have completed a sUAS flight training course of 100 hours before flying a sUAS. Unlike a conventional aircraft that car ries the pilot and passengers, the sUAS is remotely controlled with no li ving thing or cargo on board. Hill City Aviation sUAS is also operated by an autopilot, which greatly reduces the danger of human error. 14 C.F.R. §91.7(a): Civil aircraft airworthiness. (a) No person may operate a civil aircraft unless it is in an airworthy condition. (b) The pilot in command of a civil aircraft is responsible for determini ng whether that aircraft is in condition for safe flight. The pilot in command shall discontinu e the flight when un

- airworthy mechanical, electrical, or structural conditions occur. The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard will exist for determining airworthiness. Given th e size of the aircraft and the requirements contained in the Manual for maintenance and use of safety check l ists prior to each flight, as set forth in Sections J, L and Q, an equivalent level of safety will be provided. 14 C.F.R. § 91.9 (b) (2): Civil Aircraft Flight Manual in the Aircraft. (a) Except as provided in paragraph (d) of this section, no person ma y operate a civil ai rcraft without complying with the operating limitations specified in the approved Airplane or Rotorcraft Flight Manual, markings, and placards, or as otherwise prescribed by the certific ating authority of the country of registry. (b) No person may operate a U.S.

- registered civil aircraft

— (1) For which an Airplane or Rotorcraft Flight Manual is required by §21.5 of this chapter unless There is available in the aircraft a current, approved Airplane or Rotorcraft Flight Manual or the manual Provided for i n §121.141(b); and (2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, Unless there is available in the aircraft a current approved Airplane or Rotorcraft Flight Manual, Approved manual material, markings, and placards, or any combination thereof. (c) No person may operate a U.S.

- registered civil aircraft unless that aircraft is identified in Accordance with part 45 of this chapter. (d) Any person taking off or landing a helicopter certificated under part 29 of this chapter at aHeliport constructed over water may make such momentary flight as is necessary for takeoff or landing

Through the prohibited range of the limiting height

-speed envelope established for the helicopter if that Flight through the prohibited range takes place over water on which a safe ditching can be accomplished And if the helicopter is amphibious or is equipped with floats or other emergency flotation gear Adequate to accomplish a safe emergency ditching on open wa ter. Section 91.9 (b) (2) provides: No person may operate a U.S.

- registered civil aircraft

- ( 2) for which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available in The aircraft a current approved airp lane or Rotorcraft Flight Man ual, approved manual material, markings, and placards, or any combination thereof. The sUAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not only becau se there is no p ilot on board, but because there is no room or capacity to carry such an item on the aircraft. The equivalent level of safety will be maintained by keeping the flight manual at the ground contro l point where the pilot flying the sUAS will have immediate a ccess to it. Th e FAA has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700. 14 C.F.R. § 91.103: Preflight action Each pilot in command shall, before begi nning a flight, beco me familiar with all available information concerning that flight. This information must include

— (a) For a flight under IFR or a flight not in the vicinity of an airport, weather reports and forecasts, fuel requirements, alternatives available if the planned flight cann ot be completed, and any known traffic delays of which the pilot in command has been advised by ATC; (b) For any flight, runway lengths at airports of intended use, and the following takeoff and landing distance informat ion: (1) For civil aircraft for which an approved Airplane or Rotorcraft Fl ight Manual containing takeoff and landing distance data is required, the takeoff and landing distance data contained therein; and (2) For civil aircraft other than those specified in paragraph (b)(1) of this section, other reliable information appropriate to the aircraft, relating to aircraft perfor mance under expected values of airport elevation and runway slope, aircraft gross weight, and wind and temperature. This regulation req uires each pilot in command to take certain actions befo re flight to insure the safety of flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. The PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight. 14 C.F.R. §91.109: Flight instruction: (a) No person may operate a civil aircraft (except a manned free b alloon) that is being used for flight instruction unless that aircraft has fully functioning dual contro ls. However, instrument flight instruction may be given in an airplane that is equipped with a single, functioning throw over control wheel that controls the elevator and ai lerons, in place of fixed, dual controls, when

—(1) The instructor has determined that the flight can be conducted safely; and

(2) The person manipulating the controls has at least a private pilot certificate with appropriate category and class ratings. (b ) An airplane equipped with a single, functioning throw over c ontrol wheel that controls the elevator and ailerons, in place of fixed, dual controls may be used for flight instruction to conduct a flight review required by §61.56 of this chapter, or to obt ain recent flig ht experience or an instrument proficiency check required by §61.57 when

— (1) The airplane is equipped with operable rudder pedals at both pilot stations; (2) The pilot manipulating the controls is qualified to serve and serves as pilot in command during the entire flight; (3) The instructor is current and qualified to serve as pilot in comm and of the airplane, meets the requirements of §61.195(b), and has logged at least 25 hours of pilot

- in

- command flight time in the make and model of airpl ane; and (4) The pilot in command and the instructor have determined the flight can be conducted safely. (c) No person may operate a civil aircraft in simulated instrument flight unless

— (1) The other control seat is occupied by a safety pilot who poss esse s at least a private pilot certificate with category and class ratings appropriate to the aircraft being flown. (2) The safety pilot has adequate vision forward and to each side of the aircraft, or a competent observer in the aircraft adequately supplements the vision of the safety pilot; and (3) Except in the case of lighter

-than

- air aircraft, that aircraft is equipp ed with fully functioning dual controls. However, simulated instrument flight may be conducted in a single

- engine airplane, equipped with a si ngle, functioning, throw over control wheel, in place of fixed, dual controls of the elevator and ailerons, when

— ( I ) the safety pilot has determined that the flight can be conducted safely; and (ii) The person manipulating the controls has at least a private pilot certificate with appropria te category and class ratings. (d) No person may operate a civil aircraft that is being used for a flight test for an airline transport pilot certificate or a class or type rating on that certificate, or for a part 121 p roficiency flight test, unless the pilot seated at the controls, other than the pilot being checked, is full y qualified to act as pilot in command of the aircraft. Section 91.103 provides that no person may operate a civil aircraft (exce pt a manned free b alloon) that is being used for flight instruction unless that aircraft has fu lly functioning dual controls. SUASs and remotely piloted aircraft, by their design do not have fully fu nctional dual controls. Flight control is accomplished through the use of a control box that communicate s with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully functional dual controls for a number of aircraft and for flight instruction in experimental aircraft. See Exemptio n Nos.5778K & 9862A. The equivalent level of safety provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the aircraft.14 C.F.R. §91.119: Minimum safe altitudes

Except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes: (a) Anywhere. An altitude allowing, if a power unit fails, an e mergency landing without undue hazard to persons or property on the surface. (b) Over congested areas. Over any congested area of a city, town, o r settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obsta cle within a horizontal radius of 2,000 feet of the aircraft. (c) Over other than congested areas. 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. (d) Helicopters, powered parachutes, and weight

-shift

- control aircraft. If the operation is conducted without hazard to persons or property on the surface

— (1) A helicopter may be operated at less than the minimums prescri bed in paragraph (b) or (c) of this section, provided each person operating the helicopter complie s with any routes or altitudes specifically prescribed for helicopters by the FAA; and (2) A powered parachute or weight

-shift

- control aircraft ma y be operated at less than the minimums prescribed in paragraph (c) of this section. Se ction 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is for a sUAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 AGL, or not more than 200 above an elevated platform from which fi lming is planned, an exemption may b e needed to allow such operations. As set forth herein, the UAS will never operate at higher than 400 AGL. Compared to flight operations with aircraft or rotorcra ft weighting far more than the maximum 55lbs. proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraft operating at or below 500 AGL other industries. In addition, the low

- altitude operations of t he sUAS will ensure separation between these smal l

- UAS operations and the operations of conventional aircraft that must comply with Section 91.119. 14 C.F.R. §91.121: Altimeter Settings (a) Each person operating an aircraft shall maintain the cruising al titude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating

— (1) Below 18,000 feet MSL, to

— ( I ) the current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft; (ii) 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; or(iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an

appropriat e altimeter setting available before departure; or (2) At or above 18,000 feet MSL, to 29.92 ʺ Hg. (b) The lowest usable flight level is determined by the atmos pheric pressure in the area of operation as shown in the following table: Current altimeter setti ng lowest usable flight level 29.92 (or higher) 180 29.91 Through 29.42 185 29.41 Through 28.92 190 28.91 Through 28.42 195 28.41 Through 27.92 200 27.91 Through 27.42 205 27.41 Through 26.92 210 (c) To convert minimum altitude prescribed under §§91.119 an d 91.177 to the minimum flight level, the pilot shall take the flight level equivalent of the minimum altitude in feet and add the appropriate number of feet specified below, according to the current reported altimeter setting: Current altimeter setting Adjustment factor 29.92 (or higher) none 29.91 Through 29.42 500 29.41 Through 28.92 1,000 28.91 Through 28.42 1,500 28.41 Through 27.92 2,000 27.91 Through 27.42 2,500 27.41 Through 26.92 3,000 This regulation requires each person operating an aircraft to maintain cru ising altitude by reference to an altimeter that is set “...to the elevation of the departure airport or an ap propriate altimeter setting available before departure.” As the sUAS may not have a barometri c altimeter, but instead a GPS altitude rea d out, an exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the Manual and Safety Check list, confirming the altitude of the launch site shown On the GPS altitude indicator before flight. 14 C.F.R. § 91. 151(a): Fuel Requirements for Flight in VFR Conditions (a) No person may begin a flight in an airplane under VFR condition s unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, a ssuming 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. (b) No person may begin a flight in a rotorcraft under VFR condition s 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, to fly after that for at least 20 minutes. Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fue l 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) a t night, to fly after that for at least 45 minutes.” The battery powering the sUAS provides approximately 40 minutes of powered flight. To meet the 30

- minute reserve requirement in 14 CFR §91.151, sUAS flights would be limited to approximately 10 minutes in length. Given the limitations on the UAS’s proposed fligh t area and the location of its proposed operations within a predetermined area, a longer time frame for flight in daylight or night VFR conditions is reasonable. Applicant believes that an exempti on from 14 C FR §91.151(a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.151 (a)). Operating the small UAS, in a tightly controlled area where only people and property owners or official representatives who have s igned waivers will be allowed, with less than 30 minutes of reserve fuel, does not engender the type of ri sks that Section 91.151(a) was intended to alleviate given the size and speed of the small UAS. Additionally, limiting sUAS flights to 10 minutes would greatly reduce the utility for which the exemption will be granted. Applicant believes that an equivalent level of safety can be achieved by limiting flights t o 30 minutes or 25% of battery power whic hever happens first. This restriction would be more than adeq uate to return the sUAS to its planned landing zone from anywhere in its limited operating area . Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808. 14 C.F.R. §91.203 (a) (1) & (b): Civil aircraft: Certifications required (a) Except as provided in §91.715, no person may operate a civil aircra ft unless it has within it the following: (1) An appropriate and current airworthiness certificate . Each U.S. airworthiness certificate used to comply with this subparagraph (except a special flight permit, a copy of the applicable operations specifications issued under §21.197(c) of this chapter, appropriate sect ions of the air carrier manual required by parts 121 and 135 of this chapter containing that portion of the operations specifications issued under §21.197(c), or an authorization under §91.611) must have on it the registration number assigned to the aircraft under part 47 of this chapter. However, the airworthiness certificate need not have on it an assigned special identification number before 10 days after t hat number is first affixed to the aircraft. A revised airworthiness certificate having on it an assigned special identification number th at has been affixed to an aircraft may only be obtained upon applicat ion to an FAA Flight Standards district office. (2) An effective U.S. registration certificate issued to its owner or, for operation within the United States, the second copy of the Airc raft registration Application as p rovided for in §47.31(c), or a registration certification issued under the laws of a foreign country.(b) No person may operate a civil aircraft unless the airwort hiness certificate required by paragraph (a)

of this sectio n or a special flight authorization issued und er §91.715 is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. (c) No person may operate an aircraft with a fuel tank installed wi thin the passenger compartment or a bagga ge compartment unless the installation was accomplished pursua nt to part 43 of this chapter, and a copy of FAA Form 337 authorizing that installation is on board the aircraft. (d) No person may operate a civil airplane (domestic or foreign) into or out of an airport in the United States unless it complies with the fuel venting and exhaust emissi ons requirements of part 34 of this chapter. The UAS fully loaded weighs no more than 55 lbs. and is operated with out an onboard pilot. As such, there is no ability or place to carry certification and registration documents or to display them on the sUAS. An equivalent level of safety will be achieved by keeping these documents at the ground control point where the pilot flying the sUAS will have immediate access to them, to the extent they are applicable to the sUAS. The FAA has issued numerous exemptions to this regulation. A representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700. 14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): Maintenance Inspections §91.405 Maintenance required. Each owner or operator of an aircraft

— (a) 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; (b) Shall ensure that maintenance personnel make appropriate entri es in the aircraft maintenance records indica ting the aircraft has been approved for return to service; (c) Shall have any inoperative instrument or item of equipment, permitted to be inoperative by §91.213(d ) ( 2) of this part, repaired, replaced, removed, or inspected at the next required inspectio n; and (d) When listed discrepancies include inoperative instruments or equipment, shall ensure that a placard has been installed as required by §43.11 of this chapter. §91.407 Operation after maintenance, preventive maintenance, rebuilding, or alteration. (a) No person may operate any aircraft that has undergone mainte nance, preventive maintenance, rebuilding, or alteration unless

— (1) It has been approved for return to service by a person authorize d under §43.7 of this chapter; and (2) The maintenance rec ord entry required by §43.9 or §43.11, as a pplicable, of this chapter has been made. (b) No person may carry any person (other than crewmembers) in an aircraft that has been maintained, rebuilt, or altered in a manner that may have appreciably chan ged its flight characteristics or substantially affected its operation in flight until an appropriately rated pilot with at least a private pilotcertificate flies the aircraft, makes an operational check of the maintenance performed or alteration

made, and logs t he flight in the aircraft records. (c) The aircraft does not have to be flown as required by paragraph (b ) of this section if, prior to flight, ground tests, inspection, or both show conclusively th at the maintenance, preventive maintenance, rebuilding, or alteration has not appreciably changed the flight characteristics or substantially affected the flight operation of the aircraft. (Approved by the Office of Management and Budget under control number 2120

-0005) § 91.409 Inspections

. (a) Except as provided i n paragraph (c) of this section, no person may operate an aircraft unless, within the preceding 12 calendar months, it has had

— (1) An annual inspection in accordance with part 43 of this cha pter and has been approved for return to service by a person aut horized by §43.7 of this chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter

. No inspection performed under paragraph (b) of this section may be substituted for any inspection required by this paragraph unless it is performed by a person authorized to perform annual inspections and is entered as an “annual” inspection in the required maintenance records. (b) Except as provided in paragraph (c) of this section, no person ma y operate an aircraft carrying any person (other than a crewmember) for hire, and no person may give fli ght instruction for hire in an aircraft which that person provides, unless within the preceding 100 hours of time in service the aircraft has received an annual or 100

- hour inspection and been approved for return to service in accordance with part 43 of this chapter or has received an inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter. The 100

- hour limitation may be exceeded by not more than 10 hours while in route to reach a place where the inspection can be done. The excess time used to reach a place where the inspection can be done must be included in computing the next 100 hours of time in service. (c) Paragraphs (a ) and (b) of this section do not apply to

— (1) An aircraft that carries a special flight permit, a current experimental certificate, or a light

-sport or provisional airworthiness certificate; (2) An aircraft inspected in accordance with an approved aircraft inspection program under part 125 or 135 of this chapter and so identified by the registration number in the opera tions specifications of the certificate holder having the approved inspection program; (3) An aircraft subject to the requirements of parag raph (d) or (e) of this section; or (4) Turbine

- powered rotorcraft when the operator elects to inspect that rotorcraft in accordance with paragraph (e) of this section. (d) Progressive inspection. Each registered owner or operator of an aircraft desiring t o use a progressive inspection program must submit a written request to the FAA Fl ight Standards district office having jurisdiction over the area in which the applicant is located, and shall provide

—(1) A certificated mechanic holding an inspection autho rization, a certificated airframe repair station, or

the manufacturer of the aircraft to supervise or conduct the progressive inspection; (2) A current inspection procedures manual available and readi ly understandable to pilot and maintenance personnel con taining, in detail

— ( I ) an explanation of the progressive inspection, includin g the continuity of inspection responsibility, the making of reports, and the keeping of records and technical reference material; (ii) An inspection schedule, specifying the intervals in hours or days when routine and detailed inspections will be performed and including instructions for exceeding an inspection interval by not more than 10 hours while in route and for changing an insp ecti on interval because of service experience; (iii) Sample routine and detailed inspection forms and i nstructions for their use; and ( IV ) Sample reports and records and instructions for their use; (3) Enough housing and equipment for necessary disassembly and prop er inspection of the aircraft; and (4) Appropriate current technical information for the aircraft. The frequency and detail of the progressive inspection shall provide for the complete inspection of the aircraft within each 12 calendar months and be consistent with the m anufacturer's recommendations, field service experience, and the kind of operation in which the aircra ft is engaged. The progressive inspection schedule must ensure that the aircraft, at all times, will be airworthy and will conform to all applicable FAA aircraft specifications, type certificate data sheets, airwo rthiness directives, and other approved data. If the progressive inspection is discontinued, the owner or operator shall immediately notify the local FAA Flight Standards district office, in writing, of the discontinuance. After the discontinuance, the first annual inspection under §91.409(a ) ( 1) is due w ithin 12 calendar months after the last complete inspection of the aircraft under the progressive inspe ction. The 100

- hou r inspection under §91.409(b) is due within 100 hours after that complete inspection . A complete inspection of the aircraft, for the purpose of determining when the annual and 100

- hour i nspections are due, requires a detailed inspection of the aircraft and all its components in accordance with the progressive inspection. A routine inspection of the aircraft and a detailed inspection of several c omponents is not considered to be a complete inspection. (e) Large airplanes (to which part 125 is not applicable ), turbojet multiengine airplanes, turbo propeller

powered multiengine airplanes, and turbine

- powered rotorcraft. No person may operate a large airplane, turbojet multiengine airplane, turbo propeller

- po wered multiengine airplane, or turbine

powered rotorc raft unless the replacement times for life

- limited p arts specified in the aircraft specifications, type data sheets, or other documents approved by the Administrator are complied with and the airplane or turbine

- powered rotorcraft, including the airframe, engines, propellers, rotors, appliances, survival equipment, and emergency equipment, is i nspected in accordance with an inspection program selected under the provisions of paragraph (f) of this s ection, except that, the owner or operator of a turbine

- powe red rotorcraft may elect to use the inspection provisions of §91.409(a), (b), (c), or (d) in lieu of an inspection option of §91.409(f). (f) Selection of inspection program under paragraph (e) of this se ction. The registered owner or operator of each airp lane or turbine

- powered rotorcraft described in para graph (e) of this section must select,identify in the aircraft maintenance records, and use one of the following programs for the inspection of

the aircraft: (1) A continuous airworthiness inspection pro gram that is part of a continuous airworthiness maintenance program currently in use by a person holding an air carri er operating certificate or an operating certificate issued under part 121 or 135 of this chapter and operating that make and model aircraft under part 121 of this chapter or operating that make and model under part 135 of this chapter and maintaining it under §135.411(a ) ( 2) of this chapter. (2) An approved aircraft inspection program approved unde r §135.419 of this chapter and currently in use by a person holding an operating certificate issued under part 135 of this chapter. (3) A current inspection program recommended by the manufacturer. (4) Any other inspection program established by the registered owne r or operator of that airplane or t urbine

- powered rotorcraft and approved by the Administrator under paragraph (g) of this section. However, the Administrator may require revision of this inspection program in accordance with the provisions of §91.415. Each operator shall include in the se lected program the name and address of the person responsible for scheduling the inspections required by the program and make a copy of that program available to the person performing inspections on the aircraft and, upon request, to the Administrator. (g) Inspection program approved under paragraph (e) of this section . Each operator of an airplane or turbine

- powered rotorcraft desiring to establish or change an app roved inspection program under paragraph (f)(4) of this section must submit the program for a pproval to the local FAA Flight Standards district office having jurisdiction over the area in which the aircraft is based. The program must be in writing and include at least the following information: (1) Instructions and procedures for the conduct of in spections for the particular make and model airplane or turbine

- powered rotorcraft, including necessary tests an d checks. The instructions and procedures must set forth in detail the parts and areas of the airframe, en gines, propellers, rotors, and applian ces, including survival and emergency equipment required to be inspected. (2) A schedule for performing the inspections that must be performed under the program expressed in terms of the time in service, calendar time, numbe r of system operations, or any combination of these. (h) Changes from one inspection program to another. Whe n an operator changes from one inspection program under paragraph (f) of this section to another, the time in service, calendar tim es, or cycles of operation accumulated under the previous program must be app lied in determining inspection due times under the new program. §91.417 Maintenance records. (a) Except for work performed in accordance with §§91.411 and 91.413, each registere d owner or operator shall keep the following record s for the periods specified in paragraph (b) of this section: (1) Records of the maintenance, preventive maintenance, and alteration and records of the 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each airc raft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include

—( I ) A description (or reference to data acceptable to the Administrator) of the work performed; and

(ii) The date of completion of the work performed; and (iii) The signature, and certificate number of the person approving the aircraft for return to service. (2) Records containing the following information: ( I ) The total time in service of the airframe, each engine, each propeller, and ea ch rotor. (ii) The current status of life

- limited parts of each airframe, engine, propeller, rotor, and appliance. (iii) The time since last overhaul of all items installed on the aircraft which are required to be overhau led on a specified time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directives (A D) and sa fety directives including, for each, the method of compliance, the AD or safety directive number and revi sion date. If the AD or safety directive involves recurring action, the time and date wh en the next action is required. ( vi) Copies of the for ms prescribed by §43.9(d) of this chapter for each major alteration to the Airframe and currently installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods prescribed: (1) The records specified in paragraph (a ) ( 1) of this section shall be retained until the work is Repeated or superseded by other work or for 1 year after the work is performed. (2) The records specified in paragraph (a ) ( 2) of this section shall be retained and tran sferred with The aircraft at the time the aircraft is sold. (3) A list of defects furnished to a registered owner or operator under §43.11 of this chapter shall Be retained until the defects are repaired and the aircraft is approved for return to service

. (c) The owner or operator shall make all maintenance records required to be kept by this section Available for inspection by the Administrator or any authorized representative of the National Transportation Safety Board (NTSB). In addition, the owner o r operator shall present Form 337 Described in paragraph (d) of this section for inspection upon request of any law enforcement officer. (d) When a fuel tank is installed within the passenger compartment or a baggage compartment Pursuant to part 43 of th is chapter, a copy of FAA Form 337 shall be kept on board the modified aircraft By the owner or operator. These regulations require that an aircraft operator 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 discrepancies repaired as prescribed in part 43 of this chapter...,” andOthers shall inspect or maintain the aircraft in compliance with Part 43.

Given that these se ction and Part 43 apply only to aircraft with an airworthiness certificate, these Sections will not apply to the applicant. The operator pursuant to the flight manual and operating Handbook will accomplish maintenance. An equivalent level of safety will be achieved because these Small UASs are very limited in size and will carry a small payload and operate only in restricted areas for Limited periods of time. If mechanical issues arise the UAS can land immediately and will be operating From no higher t han 400 feet AGL. As provided in the Manual, the operator will ensure that the UAS is in Working order prior to initiating flight, perform required maintenance, and keep a log of any Maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best Suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety. ********* Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, Should it be determined that publication is needed: Applicant seeks an exemption from the following Rules : 14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b) ; 14 C.F.R. §§ 61.113 (a ) & (b) ; 91.7 (a); 91.9 (b ) (2) ; 91.103 (b) ; 91.109 ; 91.119; 91.121; 91.151(a) ; 91.203 (a) and (b); 91.405 (a) ; 91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small unmanned vehicle (551bs or less). Approval of exemptions allowing com mercial operations of sUASs, will enhance safety by reducing risk. Conventional operations, using jet or piston power aircraft, operate at extremely low altitudes just feet From the subjects being filmed and in extreme proximity to people and structures and present the risks Associated with vehicles that weigh in the neighborhood of 4,000lbs, carrying large amounts of jet A or Other fuel. Such aircraft must fly to and from the operational location. In contrast, a sUAS weighing Fewer than 55 lbs. and powered by batteries eliminates virtually all of that risk given the reduced mass And lack of combustible fuel carried on board. The sUAS is carried to the operation site and not flown. The sUAS will carry no passengers or crew and, therefore, will not exp ose them to the risks associated With manned aircraft flights. The operation of small UASs, weighting less than 55 lbs., conducted in the strict conditions outlined Above, will provide an equivalent level of safety supporting the grant of the exemptions requested Herein , including exempting the applicant from the requirements of Part 21 and allowing commercialOperations . These lightweight aircraft operate at slow speeds, close to the ground, and in a sterile

Environment and, as a result, are far safe r than conventional operations conducted with turbine Helicopters operating in close proximity to the ground and people. Privacy All flights will occur over private or controlled access property with the property owner's prior consent And knowledge. Fi lming will be of people who have also consented to being filmed or otherwise have Agreed to be in the area where filming will take place. The grant of this exemption request will provide Improved safety in both day and night operations. Satisfaction of the criteria provided in Section 333 of The Reform Act of 2012

-size, weight, speed, operating capabilities, proximity to airports and populated Areas and operation within visual line of sight and national security

— provide more than adequate Justification for the grant of the requested exemptions allowing commercial operation of applicant's UAS. Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012

-- size, weight, speed, Operating capabilities, proximity to airports and populated areas and operation within visual line of sight And national security

— provide more than adequate justification for the grant of the requested Exemptions allowing commercial operation of appl icant's sUAS in our clients' specified industries.

Sincerely, 

## Greg Johnson CEO Gregory j Johnson. CEO Hill City Aviation.