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. WEITZ COM September 30, 2015 U.S. Department ofTransportation Docket Management System 1200 New JerseyAve., SE Washington, DC 20590 

### Re: Exemption RequestSection 333 ofthe FAA Reform Actand Part 11 ofthe Federal Aviation Regulations from 14CFR 61.113 (a) 

### &(b); 91.103(b); 91.119; 91.121; 91.151(a); 91.405 (a); 91.407(a) (1); 91.409 (a) (2); 91.417 (a) 

### &(b). Dear Sir or Madam: Pursuantto Section 333 ofthe FAA Modernization and Reform Act of2012 (the Reform Act) and 14 C.F.R. Part 11, TheWeitz Company, LLC ("Weitz"), a construction company, on behalfof itselfand its related affiliates under common ownership and control, hereby appliesfor an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial operation of its Small Unmanned Aircraft Systems ("sUAS") for aerial imaging for safety and visual monitoring ofconstruction sites, so long as such operations are conducted within and underthe conditions outlined herein or as may be established bythe FAA as required by Section 333. Weitz owns drones manufactured by DJI (more particularly the DJI Phantom 2, the DJI Phantom 2 Vision Plus, and the DJI Phantom 3Advanced). Weitz seeks an exemption that will allowfor itto operate DJI Phantom sUASs in accordance with the limitations proposed in its exemption request. As detailed in this documentand the attached DJI Phantom 2, DJI Phantom 2 Vision Plus, and DJI Phantom 3Advanced User Manuals, PilotTraining Guides, and the Quick Start Guides ("Manuals and Guides"), the requested exemption would permitthe operation ofsUAS undercontrolled conditions in airspace that is 1) limited, 2) predetermined, 3) controlled as to access, and 4) would provide safety enhancements to the safety protocols followed by Weitz at each one of its construction sites. Approval ofthis exemption would enhance safety and fulfill the Secretary ofTransportation's (the FAA Administrator's) responsibilities to "

...establish requirements forthe safe operation ofsuch aircraft systems in the national airspace system." Section 333(c) ofthe Reform Act. The name and address ofthe applicant is: TheWeitz Company, LLC. The contact information forthe applicant is: T. Ryan Lamb, phone: 515.698.4282, email: ryan.lamb@weitz.com. 1

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Regulations from which the exemption is requested: 14 C.F

.R. Part 21 14 C.F

.R. 45.23 (b) 14 C.F.R. 61.113 (a) & (b) 14 C.F

.R. 91.7 (a) 14 C.F.R. 91.9 (b) (2) 14 C.F

.R. 91.103 14 C.F

.R. 91.119 14 C.F

.R. 91.121 14 C.F

.R. 91.151 (a) 14 C.F

.R. 91.203 (a) & (b) 14 C.F

.R. 91.405 (a) 14 C.F

.R. 407 (a) (1) 14 C.F

.R. 409 (a)(1) & (a) (2) 14 C.F

.R. 417 (a) & (b) 

### I. STATUTORY AUTHORITY The Federal Aviation Act expressly grants the FAA authorityto issue exemptions. This statutory authority includes exempting civil aircraft, as the term is defined under §40101 ofthe 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 ofa regulation prescribed undersubsection (a) or (b) ofthis section orany sections 44702-44716 of this title iftheAdministratorfinds the exemption in the public interest. 49 U.S.C. §44701(f). 

### See also49 USC §44711(a); 49 USC §44704; and 14 CFR §91.203(a) (1)

. Section 333(b) ofthe Reform Act assiststhe Secretary in determining whether sUAS may operate in the National Airspace System ("NAS") without creating a hazard to the user, the public, or a threatto national security. In making this determination, the Secretary must consider:
• The sUAS's size, weight, speed, and operational capability;
• Whetherthe sUAS operates within the visual line ofsight ofthe operator; and
• Whetherthe sUAS operates outside of highly populated areas and awayfrom close proximityto airports. 2

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Reform Act §333(a). Ifthe Secretary determines that the sUAS "may operate safely in the national airspace system, the Secretary shall establish requirements for the safe operation ofsuch aircraft in the national airspace system." 

### /d. at §333(c). Weitz's sUAS are multirotorvehicles, weighing less than 10 lbs., including payload. They operate under normal conditions at a speed of no more than 50 knots and have the capability to hover, and move in the vertical and horizontal plane simultaneously. The sUAS will operate only in the Pilot's visual line ofsight at all times and will operate only in conformance with the requirements ofthe DJI Phantom User Manual, Pilot Training Guide, and the Quick Start Guide, attached as Exhibit 1 (hereinafter "Manuals and Guides"). Such operations will insure that the sUAS will"not create a hazard to users ofthe national airspace system or the public." See Reform Act Section 333 (b). Given the small size ofthe sUAS involved and the restricted manner and environment within which theywill operate, this application falls within the zone ofsafety (an equivalent level ofsafety) in which Congress envisioned that the FAA must allow commercial operations ofsUAS to commence immediately. Also due to the small size of the sUAS and the low altitudes and restricted areas in which the sUAS will operate, approval ofthe application presents no national security issue. In light ofthe direction in Section 333 ofthe Reform Act, the strong equivalent level of safety surrounding the proposed operations, and the significant public benefit, including enhanced safety, the grant ofthe requested exemption is in the public interest. Accordingly, Weitz respectfully requests that the FAA grantthe requested exemption. II. PUBLIC INTEREST This exemption application is expressly submitted to fulfill Congress' goal in passing Section 333(a) through (c) ofthe Reform Act. This law directs the Secretary of Transportation to considerwhether certain unmanned aircraft systems may operate safely in the NAS before completion ofthe rulemaking required under Section 332 ofthe Reform Act By granting an exemption the FAA will fulfill Congress's intent ofallowing UAS to operate with significant safety precautions in low risk environments. The use ofsUAS on a construction site can significantly reduce the risk to workers of falls while inspecting, surveying, or monitoring site progress. sUAS can inspect, photograph, and collect data on hard to getto areas that otherwise would require worker inspection. Falls are a leading source ofworkplace fatality and injury on construction site, and reducing falls through sUAS use for site imaging could save workers' lives. 3

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Additionally, sUAS could replace the use ofsmall aircraftto monitorsites. The sUAS thatWeitz intendsto operateweight less than 4 pounds, and carry no combustible material on board, as opposed to the much larger conventionally powered small aircraft

. Shifting to sUAS from small aircraft presents a marked safety increase for ourworkers 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. The sUAS described herein use rechargeable lithium ion batteries, as opposed to fossil fuels burned in operation ofsmall aircraftthat are many hundreds oftimes heavier. Ill. EQUIVALENT LEVEL OF SAFETY Weitz proposes thatthe exemption requested herein apply to sUAS that have the characteristics and that operate with the limitations listed below. These limitations provide for at least an equivalent or even higher level ofsafetyto operations underthe current regulatory structure because the proposed operations represent a safety enhancementto the already safe protocols followed on construction sites and imaging and surveying operations conducted with small aircraft. Weitz will be bound by the following limitations when conducting its sUAS operations under an FAA issued exemption: 1. The sUAS will be less than 10 pounds. 2. Flights will be operated within visual line ofsight ofa pilot. 3. Flights will normally be operated at an altitude of200feet AGL and never exceed 500 feet AGL. 4. The sUAS Pilot will be trained in, and will remain at all time compliantwith, flight, operations, and safety procedures stated herein and as detailed in the Manuals and Guides. 5. The sUAS will only operate within a predetermined area and perimeter. 6. A briefing will be conducted in regard to the planned sUAS operations priorto each day's production activities. Itwill be mandatorythat all personnel who will be performing duties within the boundaries ofthe safety perimeter be presentforthis briefing. 7. All onsite personnel will consentto the UAS flyover, and the operatorwill obtain additional consent ofall persons who will be allowed within 100 feet ofthe flight operation. 8. Pilotwill have been trained in operation ofsUASs generally and received up-to-date information on the particular UAS to be operated as specified in the Manuals and Guides. 4

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9. Written and/or oral permission from the relevant property owners will be obtained. 10. All required permissions and permits will be obtained from territorial, state, county or cityjurisdictions, including local lawenforcement, fire, orother appropriate governmental agencies. 11. Ifthe sUAS loses communications or loses its GPS signal, it will have the capability to reestablish connection and return to a predetermined location and land. 12. sUAS operations will not be conducted at night. 

### IV. DESCRIPTION OF SPECIFIC REGULATIONS 14 CFR 61.113 (a) & (b): Private pilot privileges and limitations: Pilot in command Sections 61.113 (a) & (b) limit private pilots to non-commercial operations. Because the sUAS will not carry a pilot or passengers, the proposed operations can achieve the equivalent level ofsafety ofcurrent operations by requiring the Pilot operating the aircraftto have completed a sUAS flight training course before flying a sUAS. Unlike a conventional aircraftthat carries the pilot and passengers, the sUAS is remotely controlled with no living thing orcargo on board. The sUAS used byWeitz are also operated by an autopilot,which greatly reduces the dangerof human error. The area of operation is also controlled and restricted to hard hat areas, and all flights are planned and coordinated in advance as setforth in the Manuals and Guides. The sUAS to be operated hereunder is less than 10 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials orflammable liquid fuels, and operates exclusively within a secured area as set out in the Manuals and Guides. Like other civil aircraft, operations underthis exemption will be tightly controlled and monitored bythe operator, pursuantto the requirements ofthe Manuals and Guides, and underthe requirements and in compliance with local public safety requirements, to provide security forthe area ofoperation as is currently done on active construction sites

. The risks associated with the operation ofthe sUAS are therefore diminished from the level of risk associated with commercial operations contemplated by Part 61 when drafted. 14 C.F.R. 91.103: PreflightAction This regulation requires each pilot in command take certain actions before flight to ensure the safety offlight. An exemption is needed from this requirement as the Pilot will take separate preflight actions, including checking forweather conditions, checking


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flight battery requirements, checking takeoffand landing distances, and all other actions in the Manuals and Guides. These actions will provide an equivalent level ofsafety. 14C.F. R. 91.119: Minimum Safe Altitudes Section 91.119 establishes safe altitudes for operation ofcivil 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 oraltitudes prescribed for helicopters by the FAA. This exemption is for a multirotor craft thatflies similarlyto a helicopter, with vertical takeoffand vertical landing, which will typically operate at altitudes of200 AGL, so an exemption may be needed to allow such operations. See Manuals and Guides for detailed procedures. The equivalent level ofsafety will be achieved given the size, weight, speed ofthe sUAS as well as the location where it is operated. No flight will be taken withoutthe permission ofthe property owner or local officials. Because ofthe advance notice to the property owner and any onsite personnel as outlined in the Manuals and Guides, all affected individuals will be aware ofthe planned flight operations. Unlike flight operations with aircraft or rotorcraftweighing far more than the maximum 10 lbs. proposed herein, the sUAS will not carryflammable fuel. In addition, the low-altitude operations ofthe sUAS will ensure separation between sUAS operations and the operations ofconventional aircraftthat must complywith Section 91.119. 14 C.F.R. 91.121: Altimeter Settings This regulation requires each person operating an aircraftto maintain cruising altitude by reference to an altimeterthat is set "

...to the elevation ofthe departure airport oran appropriate altimeter setting available before departure." As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an exemption may be needed. An equivalent level ofsafety will be achieved by the operator, pursuantto the Manuals and Guides, confirming the altitude ofthe launch site shown on the GPS altitude indicator before flight. 14 CFR 91.151 (a): Fuel requirements for flight in VFR conditions Section 91.151 (a) outlines fuel requirements for beginning a flight in VFR conditions

. OursUAS is limited to operations in predetermined areas in accordance with the Manuals and Guides, and has a limited range and flight time which require an exemption from 14 CFR 91.151(a).

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The battery powering the sUAS exceeds the reserve requirement in 14 CFR §91.151. Given the limitations on the sUAS's proposed flight area and the location of its proposed operations within a predetermined area, a longertime frameforflight in daylight or night VFR conditions is reasonable. Weitz believes that-an exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with FAR 91.1 51 (a)). Operating the small sUAS, in atightly controlled area where only people and property owners or official representatives who have signed waivers will be allowed does not create the type of risks that Section 91.151(a) was intended to alleviate. Additionally, limiting sUAS flights to 10 minutes would greatly reduce the utilityforwhich the exemption will be granted. Similar exemptions have been granted by the FAAto other operations, including Exemptions 11258, 2689F, 5745, 10673, and 10808. Additionally, the FAA has already issued an Exemption specificto the DJI Phantom sUAS. See Exemption 11802. 14CFR 91.405 (a); 407 (a)(1); 409 (a)(2); 417 (a) 

### &(b): Maintenance inspections These regulations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed in subpart E ofthis part and shall between required inspections, except as provided in paragraph (c) ofthis section, have discrepancies repaired as prescribed in part43 ofthis chapter
...," and others shall inspect or maintain the aircraft in compliance with Part 43. Given thatthese sections and Part 43 apply only to aircraftwith an airworthiness certificate, these sections will not applyto Weitz. Maintenancewill be accomplished by the operator pursuantto the Manuals and Guides. An equivalent level ofsafety will be achieved because these small sUAS are very limited in size and will carry a small payload and operate only in restricted areas for limited periods oftime. Ifmechanical issues arise the sUAS can land immediately. As provided in the Manuals and Guides the Pilotwill ensure that the sUAS is in working order priorto initiating flight, perform required maintenance, and keep a log ofany maintenance performed. Moreover, the Pilot is the person mostfamiliarwith the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level ofsafety. V. Federal Register Summary Pursuantto 14 C.F.R. Part II, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed:

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Weitz 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); 91.119; 91.121; 91.151(a); 91.203(a) and (b); 91
.405 (a); 91.407 (a) (1); 91.409 (a) (1); 91.409 (a) (2); and 91.417 (a) & (b) to operate commercially a small unmanned vehicle in construction operations. Approval ofexemptions allowing commercial operations ofsUAS in the construction industry enhances safety while reducing risk. Manned aircraft monitoring and surveying creates a greater risk because the craft are much larger, have combustible fuel, and carry an onboard human pilot. In contrast, a sUAS weighing fewerthan 10 lbs. and powered by batteries eliminates virtually all ofthat risk given the reduced mass and lack ofcombustible fuel carried on board. The sUAS will carry no passengers orcrew and, therefore, will not expose them to the risks associated with manned aircraftflights. The operation ofsmall sUAS, weighing less than 10 lbs., conducted in the strict conditions outlined above, will provide an equivalent level ofsafety supporting the grant ofthe exemptions requested herein, including exempting Weitz from the requirements of Part 21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the ground, and in a sterile environment and, as a result, are far saferthan conventional operations conducted with turbine helicopters operating in close proximityto the ground and people. VI. Privacy All flights will occur over controlled access propertywith the property owner's prior consent and knowledge. Images taken will be ofconstruction sites. Individuals in the area will have consented to the aerial photography. VII. Conclusion Satisfaction ofthe criteria provided in Section 333 ofthe Reform Act of2012 (size, weight, speed, operating capabilities, proximityto airports and populated areas and operation within visual line ofsight and national security) provide adequatejustification forthe grant ofthe requested exemptions allowing commercial operation ofWeitz's sUAS in construction industry pursuantto the Manuals and Guides appended hereto. Sincerely,



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