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 cond uct the surv ey 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 me thod 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 , traine d 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 low ly 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 ( 91.40 1

– 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 exe mption 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 reque sts authority to operate up to 4 00ft above surface in order to obtain sufficient data. sUAV oper ations 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, weighin g 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 fl ight 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 (consid ering 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 lea st 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 pil ots 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 pro per working order and keep a log of any maintenance performed.

HS G 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

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