April 24, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Avenue SE

Washington, DC 20590

To whom it may concern:

Holliday Sand & Gravel Company (HSG), a subsidiary of Ash Grove Cement Company, is applying for 

an exemption from regulations detailed below in order to conduct aerial surveys of company owned 

mining operations with a small unmanned aerial vehicle (sUAV). The Phantom 3 model or Phantom 2 

Vision+, manufactured by DJI, will be the sUAV used for these surveying operations. The ultimate use of 

the sUAV is directly related to the safety of employees surveying the mining operations. Current survey 

methods subject personnel to be in areas where truck and equipment traffic are high. With a sUAV the 

operator can stand at a safe location to conduct the survey with a drone flying around 200 ft above 

ground. In addition to the substantially safer working environment, sUAV surveying can be,

comparatively, just as or more accurate than the current method of laser measuring systems using 

innovative photogrammetry software. The requested exemption would authorize Holliday Sand & Gravel 

Company/Ash Grove Cement Company to perform operations with a sUAV in company owned areas. 

Though the drone surveying will contribute to the commercial sales of sand and gravel, the data collected 

will be private information and no sales of the data will be conducted. 

Use of the sUAV will be performed by an employed, trained engineer with a full understanding of the 

areas in which these practices may be conducted. The sites under consideration are particularly well 

suited for the safe and efficient use of sUAV’s because of the lowly populated surrounding areas. 

In reference to Title 14 CFR, Part 91, the following sections are requested in exemption: 45.23, 45.29, 

61.113 (a) & (b), 91.119 (c), 91.121 (a), 91.151 (a)(1), 91.405 (a) & (b), and Subpart E (91.401 – 91.417)

HSG requests an exemption from the following regulations as well as any additional regulations that may 

technically apply to the operation of the DJI Phantom 3 sUAV

§45.23 Display of marks; general & §45.29 Size of marks.
HSG requests exemption under sections 45.23 and 45.29 due to the very small size of the sUAV, making 

it impossible to fulfill these marking requirements.

§61.113 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.

HSG seeks exemption under section 61.113 (a) & (b) due to the fact that the aircrafts are unmanned and 

are preprogrammed to fly autonomously. HSG proposes that operators of the sUAV should not be 

required to hold a commercial or private pilot certification. Instead the operators should be required to 

have a valid state driver’s license, which shows competence in following safe instructions for a man 

controlled vehicle be it with tires or in air.

§91.119 Minimum safe altitudes: General.

Except when necessary for takeoff or landing, no person may operate an aircraft below the 

following altitudes:

(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.

HSG seeks exemption under section 91.119. HSG requests authority to operate up to 400ft above surface 

in order to obtain sufficient data. sUAV operations will be conducted in secure perimeters where 

buildings and people will not be exposed to operations without their consent. In the event of a power 

source malfunction, the sUAV will cause minimal damage. The DJI Phantom is considerably light, 

weighing at 1280g and HSG employees operate in covered cabs and are required to wear hardhat, safety 

glasses, and steel toe boots when not under cover. 

§91.121 Altimeter settings.

(a) Each person operating an aircraft shall maintain the cruising altitude 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 

appropriate altimeter setting available before departure; or

(2) At or above 18,000 feet MSL, to 29.92′′ Hg.

HSG seeks exemption under section 91.121 due to the fact that the sUAV may not have a barometric 

altimeter. Instead it has a GPS altitude readout. However the Phantom is rated to hover at the specified 

altitude with only a 0.5ft variance.

§91.151 Fuel requirements for flight in VFR conditions.

(a) No person may begin a flight in an airplane under VFR conditions 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—

(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.

HSG requests exemption under section 91.151 (a) because the sUAV is electric powered. The HSG 

operator will be cautious not to start a flight while having a low battery. The manufacturers have also 

integrated remote low and critical battery warnings and implemented an autonomous “return to home” 

action in these situations.

§91.401 - §91.417 Maintenance required, Preventive Maintenance, and Alterations

The regulation provides that the operator is primarily responsible for maintaining the aircraft in 

an airworthy condition, including compliance with Parts 39 and 43. Paragraphs 91 A07 and 91 

.409 require the aircraft to be "approved for return to service by a person authorized under 43.7" 

after maintenance and inspection. Section 91.409 requires an annual inspection for the issuance of 

an airworthiness certificate. Section 91 A 17 requires the owner or operator to keep records 

showing certain maintenance work that has been accomplished by certificated mechanics, under 

Part 43, or licensed pilots and records of approval of the aircraft for return to service.

HSG proposes that the maintenance and inspection of the sUAV be conducted by the operator according 

to the manufacturer’s user manual. Inspections should be conducted before and after every flight. Only 

aircraft with an airworthy certificate apply to these sections and Part 43.The operator will ensure that the 

maintenance will be performed to allow proper working order and keep a log of any maintenance 

performed.

HSG sincerely thanks the FAA for consideration of this request for exemption as outlined by Section 333 

of the FAA Modernization and Reform Act of 2012. 
Sincerely,

Kevin Stewart

Mining Engineer

Holliday Sand & Gravel Company

Kevin.stewart@hollidaysand.com

913-912-2749