BU I LD IN GOOD COMPANY. 

5901 THORNTON AVENUE DES MOINES lA 50321 P · 515 246 4700 F . 515.246.4799 WWW. WEITZ COM 

September 30, 2015 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

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

Federal 

Aviation Regulations from 14 CFR 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: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform 

Act) and 14 C.F.R. Part 11, The Weitz Company, LLC ("Weitz"), a construction 

company, on behalf of itself and its related affiliates under common ownership and 

control, hereby applies for 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 of construction sites, so long 

as such operations are conducted within and under the conditions outlined herein or as 

may be established by the 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 3 Advanced). Weitz seeks an exemption 

that will allow for it to operate DJI Phantom sUASs in accordance with the limitations 

proposed in its exemption request. 

As detailed in this document and the attached DJI Phantom 2, DJI Phantom 2 Vision 

Plus, and DJI Phantom 3 Advanced User Manuals, Pilot Training Guides, and the Quick 

Start Guides ("Manuals and Guides"), the requested exemption would permit the 

operation of sUAS under controlled 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 

of this exemption would enhance safety and fulfill 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." Section 333(c) of the Reform 

Act. 

The name and address of the applicant is: The Weitz Company, LLC. The contact 

information for the applicant is: T. Ryan Lamb, phone: 515.698.4282, email: 

ryan.lamb@weitz.com. 

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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 authority to issue exemptions. This 

statutory authority includes exempting civil aircraft, as the term is defined under 

§401 01 of the 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 of a regulation 

prescribed under subsection (a) or (b) of this section or any sections 44702-44716 of 

this title if the Administrator finds 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) of the Reform Act assists the Secretary in determining whether sUAS 

may operate in the National Airspace System ("NAS") without creating a hazard to the 

user, the public, or a threat to national security. In making this determination, the 

Secretary must consider: 

• The sUAS's size, weight, speed, and operational capability; 

• Whether the sUAS operates within the visual line of sight of the operator; and 

• Whether the sUAS operates outside of highly populated areas and away from 

close proximity to airports. 

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Reform Act §333(a). If the Secretary determines that the sUAS "may operate safely in 

the national airspace system, the Secretary shall establish requirements for the safe 

operation of such aircraft in the national airspace system." /d. at §333(c). 

Weitz's sUAS are multirotor vehicles, 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 of sight at all times and will operate 

only in conformance with the requirements of the 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 of the national airspace system or the public." See Reform Act Section 333 (b). 

Given the small size of the sUAS involved and the restricted manner and environment 

within which they will operate, this application falls within the zone of safety (an 

equivalent level of safety) in which Congress envisioned that the FAA must allow 

commercial operations of sUAS 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 of the application presents no national security issue. 

In light of the direction in Section 333 of the Reform Act, the strong equivalent level of 

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

enhanced safety, the grant of the requested exemption is in the public interest. 

Accordingly, Weitz respectfully requests that the FAA grant the requested exemption. 

II. PUBLIC INTEREST 

This exemption application is expressly submitted to fulfill Congress' goal in passing 

Section 333(a) through (c) of the Reform Act. This law directs the Secretary of 

Transportation to consider whether certain unmanned aircraft systems may operate 

safely in the NAS before completion of the rulemaking required under Section 332 of the 

Reform Act By granting an exemption the FAA will fulfill Congress's intent of allowing 

UAS to operate with significant safety precautions in low risk environments. 

The use of sUAS 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 get to areas that otherwise would require 

worker inspection. Falls are a leading source of workplace fatality and injury on 

construction site, and reducing falls through sUAS use for site imaging could save 

workers' lives. 

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Additionally, sUAS could replace the use of small aircraft to monitor sites. The sUAS 

that Weitz intends to operate weight 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 our workers 

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 of small aircraft that are many hundreds of times heavier. 

Ill. EQUIVALENT LEVEL OF SAFETY 

Weitz proposes that the 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 of safety to operations under the 

current regulatory structure because the proposed operations represent a safety 

enhancement to 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 of sight of a pilot. 

3. Flights will normally be operated at an altitude of 200 feet AGL and never exceed 

500 feet AGL. 

4. The sUAS Pilot will be trained in, and will remain at all time compliant with, 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 prior to each 

day's production activities. It will be mandatory that all personnel who will be performing 

duties within the boundaries of the safety perimeter be present for this briefing. 

7. All onsite personnel will consent to the UAS flyover, and the operator will obtain 

additional consent of all persons who will be allowed within 1 00 feet of the flight 

operation. 

8. Pilot will have been trained in operation of sUASs generally and received up-to-date 

information on the particular UAS to be operated as specified in the Manuals and 

Guides. 

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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 

city jurisdictions, including local law enforcement, fire, or other appropriate 

governmental agencies. 

11. If the 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 of safety of current operations by requiring the Pilot operating the 

aircraft to have completed a sUAS flight training course before flying a sUAS. Unlike a 

conventional aircraft that carries the pilot and passengers, the sUAS is remotely 

controlled with no living thing or cargo on board. The sUAS used by Weitz are also 

operated by an autopilot, which greatly reduces the danger of 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 set forth 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 or flammable liquid fuels, and 

operates exclusively within a secured area as set out in the Manuals and Guides. Like 

other civil aircraft, operations under this exemption will be tightly controlled and 

monitored by the operator, pursuant to the requirements of the Manuals and Guides, 

and under the requirements and in compliance with local public safety requirements, to 

provide security for the area of operation as is currently done on active construction 

sites. 

The risks associated with the operation of the 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: Preflight Action 

This regulation requires each pilot in command take certain actions before flight to 

ensure the safety of flight. An exemption is needed from this requirement as the Pilot 

will take separate preflight actions, including checking for weather conditions, checking 

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flight battery requirements, checking takeoff and landing distances, and all other actions 

in the Manuals and Guides. These actions will provide an equivalent level of safety. 

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

Section 91.119 establishes safe altitudes for operation of civil 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 or altitudes prescribed for 

helicopters by the FAA. This exemption is for a multirotor craft that flies similarly to a 

helicopter, with vertical takeoff and vertical landing, which will typically operate at 

altitudes of 200 AGL, so an exemption may be needed to allow such operations. See 

Manuals and Guides for detailed procedures. 

The equivalent level of safety will be achieved given the size, weight, speed of the 

sUAS as well as the location where it is operated. No flight will be taken without the 

permission of the property owner or local officials. Because of the advance notice to the 

property owner and any onsite personnel as outlined in the Manuals and Guides, all 

affected individuals will be aware of the planned flight operations. Unlike flight 

operations with aircraft or rotorcraft weighing far more than the maximum 10 lbs. 

proposed herein, the sUAS will not carry flammable fuel. In addition, the low-altitude 

operations of the sUAS will ensure separation between sUAS operations and the 

operations of conventional aircraft that must comply with Section 91.119. 

14 C.F.R. 91.121: Altimeter Settings 

This regulation requires each person operating an aircraft to maintain cruising altitude 

by reference to an altimeter that is set " ... to the elevation of the departure airport or an 

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 of safety will be achieved by the operator, pursuant to the Manuals 

and Guides, confirming the altitude of the 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. 

Our sUAS 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 longer time frame for flight 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 a tightly 

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 utility for which the exemption will be granted. 

Similar exemptions have been granted by the FAA to other operations, including 

Exemptions 11258, 2689F, 5745, 10673, and 10808. Additionally, the FAA has already 

issued an Exemption specific to the DJI Phantom sUAS. See Exemption 11802. 

14 CFR 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 of this part and shall between required inspections, 

except as provided in paragraph (c) of this section, have discrepancies repaired as 

prescribed in part 43 of this chapter ... ," and others shall inspect or maintain the aircraft 

in compliance with Part 43. 

Given that these sections and Part 43 apply only to aircraft with an airworthiness 

certificate, these sections will not apply to Weitz. Maintenance will be accomplished by 

the operator pursuant to the Manuals and Guides. An equivalent level of safety 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 of time. If mechanical 

issues arise the sUAS can land immediately. As provided in the Manuals and Guides 

the Pilot will ensure that the sUAS is in working order prior to initiating flight, perform 

required maintenance, and keep a log of any maintenance performed. Moreover, the 

Pilot is the person most familiar with the aircraft and best suited to maintain the aircraft 

in an airworthy condition to provide the equivalent level of safety. 

V. Federal Register Summary 

Pursuant to 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 BUILD IN GOOD COMPANY. 

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); 91.1 03(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 of exemptions allowing commercial operations of sUAS 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 on board human pilot. In contrast, a sUAS weighing fewer than 10 lbs. and 

powered by batteries eliminates virtually all of that risk given the reduced mass and lack 

of combustible fuel carried on board. The sUAS will carry no passengers or crew and, 

therefore, will not expose them to the risks associated with manned aircraft flights. 

The operation of small sUAS, weighing less than 10 lbs., conducted in the strict 

conditions outlined above, will provide an equivalent level of safety supporting the grant 

of the 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 

safer than conventional operations conducted with turbine helicopters operating in close 

proximity to the ground and people. 

VI. Privacy 

All flights will occur over controlled access property with the property owner's 

prior consent and knowledge. Images taken will be of construction sites. Individuals in 

the area will have consented to the aerial photography. 

VII. Conclusion 

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 (size, 

weight, speed, operating capabilities, proximity to airports and populated areas and 

operation within visual line of sight and national security) provide adequate justification 

for the grant of the requested exemptions allowing commercial operation of Weitz's 

sUAS in construction industry pursuant to the Manuals and Guides appended hereto. 

Sincerely, 

1~ :!t- 'iY 

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