September 29th, 2015 

U.S. Department of Transportation 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of the Federal 

Aviation Regulations from: 14 CFR 61.113(a) & (b); 91.7 (a); 91.103; 91.119(c); 91.121; 91.151(a); 

91.405; 91.407(a)(1); 91.409 (a)(1) and {2}; 91.417(a) & (b). 

To Whom It May Concern: 

Pursuant to Section 333 of the FAA Modernization and Reform Act, I, David Grayson, operator of 

an Unmanned Aircraft System (UAS), hereby apply, on behalf of Hillwood Construction Services, 

L.P., for an exemption from the listed Federal Aviation Regulations to allow commercial operation 

of an unmanned aircraft system, as long as operations are conducted within and under the 

conditions outlined below and as may be established by the FAA as required by Section 333. 

I would like to formally submit for an exemption from part 21, subpart H; and Sections 45.23(b), 

91.7(a), 91.9(b)(2), 91.119, 91.121, 91.151(a),91.203(a) and (b), 91.405(a), 91.407(a)(1), 

91.409(a)(2), and 91.417(a) and (b) of Title 14, Code of Federal Regulations (14 CFR). This proposed 

exemption would allow the operation of unmanned aircraft systems for the purpose of aerial 

videography and photography within the construction industry. 

Commercial operation of an UAS, as described herein, which are equipped with camera(s) and 

sensors, would provide professional services in the following areas: 

1. Aerial photography and/or video for public and/or private use including construction, real 

estate, architecture, land surveying, engineering and other construction related activities. 

2. Aerial video and/or photography for public and/or private use including television, public 

events, cinematography and newsgathering. 

3. Aerial inspection/photography of commercial structures with consent from owners or local 

government authority. 

4. Aerial inspection/photography of commercial utility infrastructure with consent from 

owners or local government authority. 
5. Training to persons individually or belonging to both private and/or public organizations to 

increase awareness and improve safety for current and future UAS operations within the 

NAS. 

As described fully below, the requested exemption would permit the operation of designated 

UAS as set forth in this document under controlled conditions in the NAS that would be 

a. Limited 

b. Controlled 

c. Predetermined 

d. Safe 

Approval of this exemption would increase public awareness of UAS operations and enhance 

safety to aid in fulfilling the Secretary of Transportation’s (the FAA Administrator’s) responsibilities 

to “establish requirements for the safe operation of such aircraft systems in the national airspace 

system.” 

I plan to operate a UAS, the DJI Phantom 3 Professional which is comprised of an unmanned 

aircraft and transportable ground station. The Phantom 3 is referred to as a quad-copter with a 

maximum gross weight of about 3 pounds. It is equipped with four rotors that are driven by 

electric motors powered by batteries. The UA has a maximum airspeed of 16 m/s. 

Given the small size of the UAS’s involved and the restricted controlled environment within which 

they will operate, the applicant fits within that zone of safety (an equivalent level of safety) in 

which Congress envisioned that the FAA must, by exemption, allow commercial operations of UAS 

to commence immediately. Also due to the size of the UAS and the controlled areas in which the 

UAS will operate, approval of the application presents no national security issue. 

Given the following, the grant of the requested exemptions is clearly in the public interest: David 

Grayson proposed that the exemption requested herein apply to civil aircraft that have the 

characteristics and that operate with the limitations listed herein. These limitations provide for an 

exceptional level of safety to operations. These limitations and conditions to which David Grayson 

agrees to be bound when conducting commercial operations under an FAA issued exemption 

including: 

1. Operations will be limited to the following aircraft described in the operating documents, 

which is a quad-rotor aircraft weighing 2.8 pounds: Phantom 3 Unmanned Aircraft 

System. 

2. The UA will not be flown at an indicated airspeed exceeding 50 knots. 

3. The UA will be operated at an altitude of no more than 400 feet above 

ground level (AGL), All altitudes reported to ATC must be in feet AGL. 

4. The UA will be operated within visual line of sight (VLOS) of the Pilot-InCommand (PIC) at all times. 

5. All operations will utilize a visual observer (VO). The UA will be operated within the visual 
line of sight (VLOS) of the VO at all times. The VO and PIC will be able to communicate 

verbally at all times. The PIC will be designated before the flight and will not transfer his 

or her designation for the duration of the flight. The PIC will ensure that the VO can 

perform the functions prescribed in the operating documents. 

6. The operating documents will be accessible during UAS operations and made 

available to the Administrator upon request. Any revisions to the operating 

documents will be presented to the Administrator upon request. 

7. Prior to each flight, the PIC will inspect the UAS to ensure it is in a condition for safe 

flight. If the inspection reveals a condition that affects the safe operation of the UAS, 

the UAS will not be operated until the necessary maintenance has been performed and 

the UAS is found to be in a condition for safe flight. The Ground Control Station will be 

included in the preflight inspection. All maintenance and alterations will be properly 

documented in the aircraft records. 

8. Any UAS maintenance or alterations that affect the UAS operation or flight 

characteristics, e.g. replacement of a flight critical component, will undergo a functional 

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

aircraft records. 

9. The pre-flight inspection section in the operating documents will account for all 

discrepancies, i.e. inoperable components, items, or equipment, not already covered in 

the relevant sections of the operating documents. 

10. We will follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, 

replacement, inspection, and life limit requirements. 
11. We will carry out maintenance, inspections, and record keeping requirements, in 

accordance with the operating documents. Maintenance, inspection, and alterations 

will be noted in the aircraft records, including total flight hours, description of work 

accomplished, and the signature of the authorized person returning the UAS to service. 

12. Each UAS operated will comply with all manufacturer Safety Bulletins. 

13. An authorized person will make an entry in the aircraft record of the corrective 

action taken against discrepancies discovered between inspections. 

14. The operator will have been trained in operation of UAS and received up-to-date 

information on the particular UAS to be operated as required. 

15. Prior to operations conducted for the purpose of aerial videography/photography and for 

real estate listing videos and public and private events and similar operations, the PIC will 

have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), a minimum 

of 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a 

UAS pilot with a multi -rotor UAS. 

16. Prior to operations conducted for the purpose of aerial videography/photography and 

for real estate listing videos and public and private events and similar operations, the PIC 

will have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), a 

minimum of 5 hours as UAS pilot operating the make and model of the UAS to be used in 

operations. The PIC will accomplish 3 take-offs and landings in the preceding 90 days. 

17. The PIC will not operate the UAS for the purpose of aerial videography/photography and 

for real estate listing videos and public and private events and similar operations, unless 

the PIC has demonstrated and logged in a manner consistent with 14 CFR 61.51(b), the 

ability to safely operate the UAS in a manner consistent with the operating documents, 

including evasive and emergency maneuvers and maintaining appropriate distances from 

people, vessels, vehicles and structures. 

18. UAS operations will not be conducted during night, as defined in 14 CFR 1.1. All 

operations will be conducted under visual meteorological conditions (VMC). 

19. The UA will not operate within 5 nautical miles of an airport reference point as 

denoted on a current FAA-published aeronautical chart without prior notification to 

the flight control tower. 

20. The UA will not be operated less than 500 feet below or less than 2,000 feet 

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

21. If a UA loses communications or loses its GPS signal, it will return to a predetermined 

location within the planned operating area and land or be recovered in accordance 

with the operating documents. 
22. The PIC will abort a flight in the event of unpredicted obstacles or emergencies in 

accordance with the operating documents. 

23. The PIC will not begin a flight unless (considering wind and forecast weather conditions) 

there is enough power to fly at normal cruising speed to the intended landing point and 

land the UA with 30% battery power remaining. 

24. We will obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or 

Authorization (COA) prior to conducting any operations, and also request a Notice to 

Air-man (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior 

to the operation. 

25. Before conducting operations, the radio frequency spectrum used for operation and 

control of the UA will comply with the Federal Communications Commission (FCC) or 

other appropriate government oversight agency requirements. 

26. The documents required under 14 CFR 91.9 and 91.203 will be available to the PIC at the 

Ground Control Station of the UAS any time the UAS is operating. These documents will 

be made available to the Administrator or any law enforcement official upon request. 
Hillwood Construction Services 

Victory Plaza -3090 Olive St., Suite 300 Dallas, Texas 75219 Tel 972-201-2930 Fax 972-201-2929 

27. The UA will remain clear and yield the right of way to all manned aviation operations 

and activities at all times. 

28. The UAS will not be operated by the PIC from any moving device or vehicle. 

29. The UA will not be operated over congested or densely populated areas. 

30. Flight operations will be conducted at least 500 feet from all nonparticipating persons, 

vessels, vehicles, and structures unless: 

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. We will ensure that 

nonparticipating persons remain under such protection. If a situation arises where 

nonparticipating persons leave such protection and are within 500 feet of the UA, 

flight operations must cease immediately and/or; 

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

owner/controller of such vessels, vehicles or structures has granted permission and 

the PIC has made a safety assessment of the risk of operating closer to those objects 

and determined that it does not present an undue hazard, and; 

c. Operations nearer to the PIC, VO, operator trainees or essential persons do 

not present an undue hazard to those persons per § 91.119(a). 

31. All operations will be conducted over private or controlled-access property with 

permission from the land owner/controller or authorized representative. Permission from 

land Owner/controller or authorized representative will be obtained for each flight to be 

conducted. 

32. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries 

of the operational area as defined by the applicable COA will be reported to the FAA's UAS 

Integration Office (AFS-80) within 24 hours. Accidents will be reported to the National 

Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: 

www.ntsb.gov.
Hillwood Construction Services 

Victory Plaza -3090 Olive St., Suite 300 Dallas, Texas 75219 Tel 972-201-2930 Fax 972-201-2929 

Accordingly, the applicant respectfully requests that the FAA grant the requested exemption and are 

prepared to modify or amend any part of this request to satisfy the need for an equivalent level of 

safety. We look forward to working with your office. Please contact me at any time if additional 

information or clarifications are need. 

Sincerely, 

David Grayson 

Hillwood Construction Services 

3090 Olive Street Suite 300 

Dallas, TX 75219 

214.755.9747 

David.grayson@hillwood.com