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HAMMONTREE & ASSOCIATES, LIMITED

Engineers Planners Surveyors Scientists

5233 Stoneham Road

North Canton, Ohio 44720

Phone (330) 499-8817

Toll Free 1-800-394-8817

Fax (330) 499-0149

www.hammontree-engineers.com

December 13, 2015

United States Department of Transportation

Docket Management System

1200 New Jersey Ave. SE

Washington, D.C. 20590

Re: Exemption Request under Section 333 of the FAA Reform Act and Part

11 of the Federal Aviation's Regulations

Applicant's name, address, e-mail address and contact

number:

Business Name:

Hammontree & Associates, LTD

5233 Stoneham Rd.

Canton, OH 44720

Contact: Paul K. Miller

Email: pmiller@hammontree-engineers.com

Phone: 330-499-8817

Fax: 330-499-0149

Hammontree & Associates, LTD was founded in 1966 as an engineering company located in 

North Canton, Ohio. Now leading the firm are President and Chief Executive Officer Charles F. 

Hammontree, P.E., P.S. Service areas include Civil Site Development, Energy Support and 

Permitting, Pipelines, Transportation and Bridge Engineering, Structural Engineering, Municipal 

Engineering, Environmental Science, Environmental Remediation, Landscape Architecture, and 

Surveying.

The purpose and use of UAS: 

Commercially operate lightweight UAS (unmanned aerial systems, i.e. drones) for aerial 

photography/videos taken for performing land surveying practices involving 

topographic surveys, inspections of bridges, highways, railroads, pipelines and oil-field 

equipment and real estate sales promotions/pictures. The resulting data can be used for

land development design and surface volume calculations and other engineering 

services.

KARL J. OPRISCH, P.E.

MARK E. FRANZEN, P.E.

PAUL V. McQUADE, MSCE, P.E.

CHARLES F. HAMMONTREE, P.E., P.S.

JAMES C. BOLLIBON, P.E., P.S.

ROBERT J. HAMMONTREE, III

MICHAEL M. VALE, P.E., CPESC, CPSWQ
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The equipment to be used:

DJI Phantom 2 (Go Pro - Hero 3 camera), DJI Phantom 3 Advanced (with camera) and a 

DJI Phantom 3 Professional (with camera). 

The specific sections of 14 CFR from which we seek an exemption are:

14 C.F.R. 91.7(a): Civil Aircraft Airworthiness

14 C.F.R. 91.9(b) (2): Civil Aircraft Flight Manual in the Aircraft

14 C.F.R. 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration 

14 C.F.R. 91.9(c): Civil Aircraft Flight Manual, Marking and Placard requirements

14 C.F.R. 45.23(b): Markings of the Aircraft

14 C.F.R. 45.27(a): Rotorcraft

14 C.F.R. 91.103: Preflight Action

14 C.F.R. 91.119: Minimum Safe Altitudes

14 C.F.R. 91.121: Altimeter Settings

14 C.F.R. 91.151(b): Fuel Requirements for Flight in VFR Conditions

14 C.F.R. 91.407(a): Operation after maintenance, preventive maintenance, rebuilding, or 

alteration

14 C.F.R. 91.405(a): Maintenance required

14 C.F.R. 91.409(a)(1) &(a)(2): Inspections

14 C.F.R. 91.417(a) & (b): Maintenance records

14 C.F.R. 61.113(a)&(b): Pilots, Flight Instructors, and Ground Instructors

14 C.F.R. 61.3: Requirements for certificates, ratings and authorizations and any other

provisions out of Title 14, Code of Federal Regulations, that may be applicable to

Applicant's specific use and not listed above.

The extent of relief we seek and the reason we seek the relief:

Public Interest:

The exemption requested is in the public interest because the intended purpose of the operation 

of the UAS will enhance the safety of the inspectors and surveying personnel crossing areas of 

difficult access or steep terrain. Our survey crews will become safer and more efficient, while 

providing protection for our employees from excessive or unforeseen hazards and other 

dangerous environments. H&A states that due to the small size of the UAS involved and the 

controlled environment within which it will operate, approval of the application presents no 

national security issue. Given the direction in Section 333, the strong equivalent (or greater) 

level of safety surrounding the proposed operations, and the significant public benefit, including 

reduction of environmental impact, granting the requested exemptions is in the public interest.
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Operator Requirements to provide a level of safety while piloting the UAV:

Applicant Proposes to adopt:

a. Use a UAV pre-flight checklist.

b. A Pilot Flight Operations and Safety Procedures Manual including the following:

1. Wear safety vests, hard hats and safety sunglasses with UV and glare protection.

2. Use a visual observer (VO) to watch out for hazards to both the Drone and the Pilot

In Command (PIC).

3. Do not fly over pedestrians or in a densely populated area.

4. Do not fly drone when the wind speed exceeds 12 miles per hour, or poor weather 

conditions.

5. Do not fly drone within 25 feet of a building, or within 200 of electrical transmission 

lines, interstate highways, or petroleum storage facilities. Do not fly within 15 feet of 

a co-worker or VO.

6. Launch and land from grass (preferred) in a wide open area.

7. Maintain visual flight reference (VFR) with the drone at all times.

8. Fly at least 15 feet above ground level in open areas, and no more than 400 feet 

above ground level (AGL).

9. The Pilot (PIC) should pay close attention to the drone, while also watching the 

display screen and where he’s walking at all times.

10. Do not attempt to fly the drone from a moving vehicle.

11. Land smoothly and safely. Do not try to catch the drone.

12. Log flight time (date/time/location/PIC & personnel) into Logbook.

Applicant proposes the following conditions:

a. UAS must weigh less than 55 pounds.

b. UAS must be operated within a visual line of sight (VLOS) of the PIC.

c. UAS must not be flown within 5 nautical miles of an airport having an 

operational control tower, unless a letter of agreement with that airport’s

management is obtained.
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d. Must operate with a VO who can communicate with the PIC at all times.

e. The PIC will inspect the UAS to ensure it is safe for flight. All maintenance

and alterations should be properly documented. A functional test flight

must be performed for any UAS that has undergone maintenance or

alterations and be performed by the PIC

f. The operator must follow the manufactures' UAS aircraft/component,

maintenance, overhaul, replacement inspection and life limit requirements.

g. The operator must ensure that no persons are allowed within 500 ft. of the

area except those who have prior consent and knowledge of all safety 

procedures during flight of the UAS.

h. The PIC must obtain permission (verbal or written) by the landowner or its 

representative prior to the flight operations.

i. Each operation must be completed within 20 minutes flight time or with 

20% battery power remaining, whichever comes first (per battery).

j. UAS operate via remote control and all radio frequency communication is

compliant with both CE and FCC regulations.

k. If the UAS loses communication with the operator or if it loses GPS signal for

longer than 8 seconds, the UAS “Return Home” fail safe will be engaged and

the UAS will automatically return to a pre-programmed starting location for

recovery.

Summary

Petitioner, Hammontree and Associates, Ltd. are seeking an exemption from the following 

regulations 14 C.F.R. 91.7(a), 14 C.F.R. 91.9(b) (2), 14 C.F.R. 91.203(a) and (b), 14 C.F.R. 

91.9(c), 14 C.F.R. 45.23(b), 14 C.F.R. 45.27(a), 14 C.F.R. 91.103, 14 C.F.R. 91.119, 14 C.F.R. 

91.121, 14 C.F.R. 91.151(b), 14 C.F.R. 91.407(a), 14 C.F.R. 91.405(a), 14 C.F.R.

91.409(a)(1) &(a)(2), 14 C.F.R. 91.417(a) & (b), 14 C.F.R. 61.113(a)&(b), 14 C.F.R. 61.3, 

14 C.F.R. 61.3 and any other provisions out of Title 14, Code of Federal Regulations, that 

may be applicable to applicant's specific uses and not listed above to commercially operate 

lightweight unmanned UAS for aerial inspections, photography/video and land surveys.

Granting Hammontree and Associates, LTD’s request for exemption will help reduce the current 

risk levels and enhance the safety of personnel. The use of UAS assisted photography/video

will provide a safer and more practical means of performing surveys and inspections that

would otherwise be hazardous to H&A’s employees. Inspecting pipelines and oil-field 

equipment for incidental damages and surveying remote areas with difficult access or steep 

terrain by survey crews will become easier and more efficient. We will be providing engineering 

and inspection services and performing land surveying to our clients while protecting our 

employees from hazardous environmental conditions.

Respectfully submitted,

 Hammontree & Associates, LTD

Paul K. Miller,

Chief of UAS Operations