1

Federal Aviation Administration Exemption 

Petition for Exemption under Section 333 

FAA Modernization and Reform Act of 2012 

Public 112-95 Feb. 14, 2012, Section 333 

Submitted by: Lloyd & Associates 

Mike Lloyd 

Date: 2/19/2015 

Dear Sir or Madam: 

Attached please find Lloyd & Associates request for an exemption from the listed 

Federal Aviation Regulations to allow commercial operation of its Small Unmanned 

Aircraft Systems ("UAS") for aerial imaging for safety, monitoring, inspecting and/or 

recording of secured and controlled environment construction sites, proposed 

development sites, inspections of property and photography for realty 

advertisements. This exemption request is exclusively for the use of the UAS 

manufactured by DJI, DJI Phantom 2. 

Also please find the link to the DJI Phantom 2 UAS Manual ("Manual"), which 

outlines the operating requirements, limitations, and technical specifications for 

the DJI Phantom 2 system. http://www.dji.com/product/phantom-2/download We 

have reviewed this Manual and in conjunction with the requirements outlined in 

this document we have found it to be acceptable for UAS operations on our project 

sites. 

Thank you for your time and consideration, and please let me know if you 

have any questions. 

Sincerely, 

Mike Lloyd 

Lloyd & Associates 
2

Table of Contents 

Contact Information ................................................................................................3 

Lloyd & Associates ................................................................................................3 

Exemption Applicant ................................................................................................3 

Mission Statement ................................................................................................4 

Intended UAS Use ................................................................................................5 

Specific Section of 14 CFR ................................................................................................6-12 

Intended Equipment for Exemption ................................................................................................13 

Aircraft Specifications ................................................................................................14 

Aircraft Maintenance ................................................................................................15 

Safety Concerns ..............................................................................................16 

Potential Hazards .............................................................................................17 

Insurance Policy ..............................................................................................18 

Privacy Concerns ....................................................................................19-20 

Operational Conditions .............................................................................................21 

Pilot Qualifications .............................................................................................22 

Pre-Flight Checklist .............................................................................................23 

Active Flight Operations .............................................................................................23 

Additional Resources .............................................................................................24 

Exhibit A .............................................................................................25 

Exhibit B ....................................................................................26 

Exhibit C .............................................................................................27 
3

Contact Information 

Exemption Applicant 

Lloyd & Associates General Contracting & Design 

(Lloyd & Associates) 

Mike Lloyd 

 Office 760-631-4457, Cell 760-403-5297 

MikeLloyd@cox.net, 

2138 Curtis Dr, Vista CA 92084 

Lloyd & Associates General Contracting & Design 

2138 Curtis Dr 

Vista, CA 92084 

 Phone: 760-631-4457 
4

Mission Statement 

To exercise, and continue to exercise, operational 

control of a light weight UAS in order to record video 

and capture pictures of primarily real estate and 

properties for the purpose of enhanced public 

commercial service, worker safety, cost of services

efficiency, investigative proficiency and accuracy.

 
5

Intended UAS Use 

To record video and capture pictures of client's homes/properties for the use in real estate 

marketing materials, property development, property investigation and documentation by 

the use of light weight UASs in the following areas of commerce : 

• Realty - Selling properties, enhancing advertising campaigns, and increasing 

production of marketing materials. Evaluating property value by documenting 

assets and deficits especially in hard to access areas as an alternate to 

conventional large, heavy, combustible fuel bearing and manned vehicles are 

currently used. 

• Property inspections - Especially roofing inspections, especially tile roofs, are 

susceptible to added damage from an investigator walking on the roof to 

complete his initial inspection. A UAS could do the work and record the inspection 

findings without the probability of additional roof damage or personnel injury 

from falls. This service would be valuable to companies like: Roofing contractors, 

Insurance adjusters, property owners, renters, etc.

• Construction defect investigations - Site investigation and findings specifically for 

building exteriors would be greatly enhanced by the use of a UAS. It can be very 

expensive to safely find and document exterior construction defects on multiple 

story building, a UAS could inspect, find and record information that would be 

otherwise only be accessible by ladders or scaffolding. Also A UAS would be a 

much safer way to do this type of high and/or difficult access investigation. 

• Site investigation - Such as steep hillside or bluff. Recording the visual condition 

of existing hillsides or bluffs that would otherwise be very difficult to access and 

record. It would also be less intrusive to environmentally sensitive areas. 

• Site development - Creating high resolution scalable overhead photography of a 

property would be valuable to engineers, architects, designers and landscape 

architects in evaluating the best use for developing a property and the potential 

effects that such development might have. Development of existing properties for 

remodeling or renovation especially commercial building where equipment is 

located on the roof would also benefit from HD photos that document the 

equipment and its location. Currently Google Maps are useful for such endeavors 

but only with a very low resolution overhead photo of such properties. 

• Developers and Construction Companies - To record and document the overall 

progress of large developments and to observe and document job site safety. 

• Landscape maintenance - To record landscape health and irrigation proficiency on 

large properties such as condominiums, apartment complexes, malls, golf courses 

or even public parks and recreation areas. 

• There are many other areas that a UAS would be a safer, accurate and less 

expensive alternative to current commercial services but Lloyd & Associates would 

be specifically interested in the areas mentioned above. 
6

Specific Section of 14 CFR 

Seeking specific exemption from: 

Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations from 14 

C.F.R. 45.23(b); 14 CFR Part 21; 14 CFR 61.113 (a) & (b); 91.7 (a); 91.9 (b) (2); 

91.103(b); 91.109; 91.119; 91.121; 91.151(a); 91.203(a) & (b); 

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, Lloyd & Associates, a design/build and construction firm, hereby applies 

for an exemption from the listed Federal Aviation Regulations ("FARs") to allow commercial 

operation of its Small Unmanned Aircraft Systems ("UAS") for aerial imaging for safety and 

monitoring of secured and controlled environment 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. 

As detailed in this document and the link to Flight Manual, the requested exemption would 

permit the operation of UAS under controlled conditions in airspace that is 1) limited 2) 

predetermined 3) controlled as to access and 4) would provide safety enhancements to the 

already best practices safety protocols followed by Lloyd & Associates at each one of its 

project sites. Approval of this exemption would thereby 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: 

Lloyd & Associates General Contracting & Design 

Mike Lloyd 

PH: 760-631-4457 

Email: MikeLloyd@cox.net

Address: 2138 Curtis Dr, Vista CA 92084 

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. 91.109 

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) 
7

I. STATUTORY AUTHORITY FOR EXEMPTIONS 

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 §40101 of the Act, including UAS, 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 also 49 USC §44711(a); 49 USC §44704; 14 CFR 

§91.203(a)(1). 

Section 333(b) of the Reform Act assists the Secretary in determining whether UAS 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 UAS's size, weight, speed, and operational capability; 

• Whether the UAS operates within the visual line of sight of the operator 

• Whether the UAS operates outside of highly populated areas and away from close proximity to 

airports 

Reform Act §333(a). If the Secretary determines that a UAS "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." Id. §333(c). 

Lloyd & Associates' UASs are multirotor vehicles, weighting 10 or fewer 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 UAS will operate only in the pilot's visual 

line of sight at all times and will operate only within the recommendations described in the DJI Flight Manual, 

Such operations will insure that the UAS will "not create a hazard to users of the national airspace system 

or the public." Reform Act Section 333 (b). 

Given the small size of the UAS involved and the restricted and sterile environment within which they 

will operate, our application falls squarely within the zone of safety (an equivalent level of safety) in which 

Congress envisioned that the FAA must, by exemption, allow commercial operations of UAS to commence 

immediately. 

Also due to the small size of the UASs and the low altitudes and restricted areas in which our UAS will 

operate, approval of the application presents no national security issue. 

Given the clear direction in Section 333 of the Reform Act, the authority contained in the Federal Aviation 

Act, as amended; the strong equivalent level of safety surrounding the proposed operations, and the 

significant public benefit, including enhanced safety, the grant of the requested exemptions is in the

public interest. Accordingly, Lloyd & Associates respectfully requests that the FAA grant the requested 

exemption without delay. 

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 UAS on a construction or inspection site can significantly reduce the risk to workers of falls 

while inspecting, surveying, or monitoring site progress. UAS can inspect, photograph, and collect data on 

hard to get to areas that otherwise would require worker inspection. Falls are the leading source of 

workplace fatality and injury on construction sites', and reducing falls through UAS use for site imaging 

could save workers lives. 

Additionally, UAS could replace the use of helicopters and small aircraft to monitor sites. The UAS we

propose to fly in this application are under five pounds, and carry no combustible material on board, as 

opposed to the much larger conventionally powered small aircraft. Shifting to UAS from helicopters 

presents a marked safety increase for our workers and the public. 
8

Lastly, UAS reduce the environmental impact by dramatically decreasing the energy used for aerial 

imaging and data collection over a construction site. Our UAS use rechargeable lithium ion batteries, as 

opposed to fossil fuels burned in operation of small aircraft that are many hundreds of times heavier.

III. EQUIVALENT LEVEL OF SAFETY 

Lloyd & Associates proposes that the exemption requested herein apply to civil aircraft that have the 

characteristics and that operate with the limitations listed herein. 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 

1 "Commonly Used Statistics", Occupational Safety & Health Administration. 

Available at: https://www.osha.gov/oshstats/commonstats.html

enhancement to the already safe protocols followed on construction sites and imaging and surveying operations 

conducted with helicopters and other conventional aircraft. 

Lloyd & Associates will be bound by the following limitations when conducting its UAS operations under an 

FAA issued exemption: 

1. The UAS will be less than 10 pounds. 

2. Flights will be operated within visual line of sight of a pilot. 

3. Maximum total flight time for each operational flight will be 30 minutes. The UAS calculates battery 

reserve in real time, and will return to its ground station with at least 20% battery power reserve should 

that occur prior to the 30 minute limit. 

4. Flights will be operated at an altitude of 200 feet AGL, never exceeding 400 feet AGL. 

5. Crew for each operation will consist of the UAS pilot who will keep the UAS within his visual line of 

sight at all times and a spotter. 

6. The UAS pilot will be trained in flight, operations, and safety procedures as detailed in this document 

and as detailed in the DJI Manual. 

7. The UAS will only operate within a confined areas as defined in this document. This document and 

the DJI Manual also requires the establishment of a Security Perimeter for the flight operations area.

8. A briefing will be conducted in regard to the planned UAS 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. 

9. All onsite personnel will consent to the UAS flyover on site by waiver, and the operator will obtain 

additional verbal or written consent of all persons who will be allowed within 100 feet of the flight 

operation. 

10. The pilot will have been trained in operation of UAS generally and received up-to-date information on 

the particular UAS to be operated as required by this document. 

11. Written and/or oral permission from the relevant property holders will be obtained. 

12. 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. 

13. If the UAS loses communications or loses its GPS signal, it will have capability to return to a predetermined location within the Security Perimeter and land. 

IV. DESCRIPTION OF SPECIFIC REGULATIONS 

14 CFR Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91203(a)(1) 

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance 

of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating

area associated with the aircraft to be utilized by Lloyd & Associates, an exemption from Part 21 

Subpart H meets the requirements of an equivalent level of safety under Part 11 and Section 333 of 

the Reform Act. The Federal Aviation Act (49 U.S.C.44701 (f)) and Section 333 of the Reform Act both 

authorize the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon 

consideration of the size, weight, speed, operational capability, and proximity to airports and populated 

areas of the particular UAS. Our small UAS will be operated at low speed in a controlled environment, at 

least five miles from an airport and more than three miles from any city or densely populated area. 
9

An analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate, in 

the restricted environment and under the conditions proposed will be at least as safe, or safer, than a 

conventional aircraft (fixed wing or helicopter) operating with an airworthiness certificate without the 

restrictions and conditions proposed. 

The UAS 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 this document and the DJI manual . Like other civil aircraft, operations under this exemption 

will be tightly controlled and monitored by the operator, pursuant to this document and the DJI Manual's 

requirements, 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. 

These safety enhancements, which already apply to civil aircraft operated in connection with construction 

sites, provide a greater degree of safety to the public and property owners than conventional operations 

conducted with airworthiness certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application 

of these same criteria demonstrates that there is no credible threat to national security posed by the UAS, 

due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid 

fuels, and ability to carry an external load no greater than two lbs. 

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

This regulation requires certain experimental, provisionally certificated aircraft, or light-sport category 

aircraft to be marked with letters between 2 inches and 6 inches high "limited," "restricted," "light-sport," 

"experimental," or "provisional," near each entrance to a cabin, cockpit, or pilot station. 

Even though the UAS will have no airworthiness certificate, an exemption may be needed as the UAS 

will have no entrance to the cabin, cockpit or pilot station on which the word "Experimental" can be 

placed. Given the size of the UAS, two-inch lettering will be impossible. The word "Experimental" will be 

placed on the fuselage in compliance with §45.29 (f). 

The equivalent level of safety will be provided by having the UAS marked on its fuselage as required 

by §45.29 (f) where the pilot, observer and others working with the 

UAS will see the identification of the UAS as "Experimental." The FAA has issued the following exemptions to 

this regulation: Exemptions Nos. 10700, 8738, 10167 and 10167A. 

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 UAS 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 UAS flight training course of 

10 hours before flying a UAS. Unlike a conventional aircraft that carries the pilot and passengers, the UAS is 

remotely controlled with no living thing or cargo on board. The area of operation is controlled and restricted, 

and all flights are planned and coordinated in advance as set forth in this document. The risks associated 

with the operation of the UAS are so diminished from the level of risk associated with commercial 

operations contemplated by Part 61 when drafted, that allowing operations of the UAS as requested with

a pilot who has met the minimum requirements of this document exceeds the present level of safety 

achieved by 14 C.F.R. §61.113 (a) & (b). 

14 C.F.R. 91.7 (a): Civil aircraft airworthiness 

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As there 

will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA

regulatory standard will exist for determining airworthiness. Given the size of the aircraft and the 

requirements contained in the DJI Manual for maintenance and use of safety checklists prior to each 

flight, as set forth in this document, an equivalent level of safety will be provided. 

14 CFR 91.9 (b)(2): Civil aircraft flight manual, marking, and placard requirements 

The UAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, 

not only because there is no pilot on board, but because there is no room or capacity to carry such an item 

on the aircraft. 

The equivalent level of safety will be maintained by keeping the flight manual at the ground control 
10

point where the pilot flying the UAS will have immediate access to it. The FAA has issued the following 

exemptions to this regulation: Exemption Nos. 8607,

8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 10700. 

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 flight battery requirements, checking takeoff and 

landing distances, and all other actions in the Preflight Checklist in this document and the DJI Manual. 

These actions will provide an equivalent level of safety. 

14 C.F.R. 91.109: Flight Instruction 

Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is 

being used for flight instruction unless that aircraft has fully functioning dual controls. 

By design, UAS and remotely piloted aircraft do not have fully functional dual controls. Flight control is 

accomplished through the use of a control box that communicates with the aircraft via radio 

communications. The FAA has previously approved exemptions for aircraft without fully functional dual 

controls. See Exemption Nos.5778K & 9862A. The equivalent level of safety provided by the fact that 

neither a pilot nor passengers will be carried in the aircraft, the ability to control the UAS via radio 

signals from the controller, and by the size and speed of the aircraft. 

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 take off and vertical landing, which will 

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

The UAS will never operate at altitude higher than 400 AGL and will be in a restricted area with security 

perimeter, where buildings and people will not be exposed to operations without their pre-obtained 

consent. 

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

Manual, all affected individuals will be aware of the planned flight operations. Compared to flight operations 

with aircraft or rotorcraft weighting far more than the maximum 10 lbs. proposed herein and carrying 

flammable fuel, any risk associated with our operations is far less than those presently presented with 

helicopters and other conventional aircraft operating at or below 500 AGL in the construction industry. In 

addition, the low-altitude operations of the UAS will ensure separation between these small- UAS 

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 UAS 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 Manual and Safety Check list, 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 UAS is limited 

to operations in sterile and controlled environments as outlined in the Manual, and has a limited range and flight 

time which require an exemption from 14 CFR 91.151(a). 

The battery powering the UAS provides approximately 25 minutes of powered flight. To meet the 30 minute 

reserve requirement in 14 CFR §91.151, UAS flights would be limited to 0 minutes in length. Given the 

limitations on the UAS's proposed flight area and the location of its proposed operations within a 
11

predetermined area, a longer time frame for flight in daylight or night VFR conditions is reasonable. 

Lloyd & Associates 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 91.151(a)). Operating the small UAS, in a tightly controlled area where only people and property 

owners or official representatives who have signed waivers will be allowed, with less than 30 minutes of 

reserve fuel, does not engender the type of risks that Section 91.151(a) was intended to alleviate given the 

size and speed of the small UAS. Additionally, limiting UAS flights to 10 minutes would greatly reduce the 

utility for which the exemption will be granted. 

An equivalent level of safety can be achieved by limiting flights to 25 minutes, or enough battery reserve to 

ensure that the UAS lands at the ground station with at least 20% of battery power (as determined by the 

onboard monitoring system and the pilot), whichever happens first. This restriction would be more than

adequate to return the UAS to its planned landing zone from anywhere in its limited operating area. 

Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and

10808. 

14 CFR 91.203 (a) & (b): Carrying civil aircraft certification and registration The 

regulation provides in part: 

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the

following: 

(1) An appropriate and current airworthiness certificate.... 

(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this 

section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance 

so that it is legible to passengers or crew. 

The UAS fully loaded weighs no more than 10 lbs and is operated without an onboard pilot. Therefore 

there is no ability or place to carry certification and registration documents or to display them on the 

UAS. 

An equivalent level of safety will be achieved by keeping these documents at the ground flight control point 

where the pilot flying the UAS will have immediate access to them, to the extent they are applicable to 

the UAS. The FAA has issued numerous exemptions to this regulation. A representative sample of other 

exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700. 

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 section and Part 43 apply only to aircraft with an airworthiness certificate, these 

sections will not apply to Lloyd & Associates. Maintenance will be accomplished by the operator pursuant 

to the flight manual and operating handbook as referenced in this Document and the DJI Manual. An 

equivalent level of safety will be achieved because these small UASs 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 UAS can land immediately and will be operating from no higher than 400 feet AGL. As provided in 

the DJI Manual and this document , the operator will ensure that the UAS is in working order prior to 

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

operator 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. 

******* 

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, 

should it be determined that publication is needed:

Applicant 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);91.109; 91.119; 91.121; 91.151(a);91.203(a) and (b); 91.405 (a); 
12

91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a) & (b) to operate commercially a small 

unmanned vehicle (551bs or less) in construction operations. 

Approval of exemptions allowing commercial operations of UASs 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 

UAS 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 UAS will carry no 

passengers or crew and, therefore, will not expose them to the risks associated with manned 

aircraft flights. 

The operation of small UASs, weighting 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 the applicant from the requirements of Part 21 and 

allowing commercial operations. These lightweight aircraft operate at slow speeds, close to the 

ground, and in a controlled environment and, as a result, are far safer than conventional operations 

conducted with turbine helicopters operating in close proximity to the ground and people. 
13

Intended Equipment for Exemption 

Aircraft: DJI Phantom 2 v2 with H3-3D Gimbal and GoPro Camera 

Radio Frequency: 2.4GHz ISM Radio Sensitivity: -97dBm 

Manufactures Website: http://www.dji.com/ 

Cameras: GoPro Hero, GoPro Hero 21 GoPro Hero 3+, and GoPro Hero 4 

Manufactures Website: http://gopro.com/ 
14

Aircraft Performance 

-Altitude: 1640 ft. (500m) 

-Operational Range: 3,280 ft. (1,000m) 

- Hover Accuracy: (Ready to Fly) Vertical: 0.8m; Horizontal: 2.5m 

Precision Flight and Stable Hovering 

-Flight Time: 25 Minutes 

-Battery Life 

Quadcopter: 25 Minutes 

Remote Control: Over 2 Hours of Continuous Use 

-Weight (Battery & Propellers included): 1000g 

- Max Yaw Angular Velocity: 200/s 

-Max Tilt Angle: 350

- Max Ascent Speed: 6m/s 

- Max Descent Speed: 2m/s 

- Max Flight Speed: 15m/s(Not Recommended) 

- Take-off Weight: !~ 1300g 

- Operating Temperature: -10°C 50°C 

Self-Tightening Propellers 

For in-depth info see http://www.dji.com/product/phantom-2/spec 
15

Maintenance 

To ensure safe operational control a maintenance schedule will be followed, a 

personal tailored maintenance manual has been created, and quality 

replacement part will be used. 

Inspection: Before and after every flight, the quadcopter's operational 

condition will be inspected for damage and deterioration, paying 

attention to the props for damage, cracks or ware and the UASs 

fuselage for damage . If damage, cracks or unusual ware is detected 

the flight will be suspended until proper repairs have been made. 

Maintenance 

o Simon Newton's Maintenance Videos 

https://www.youtube.com/watch?v=7Jum34eU4W8

o Also 

http://www.phantompilots.com/viewtopic.php?f=7&t=5148

o Other tutorials and how-to videos 

Hypervision Australia Tutorials 

https://www.youtube.com/watch?v=fKIAfjtdPgI&list=PLX7-

5smcu-Vw38bmfMnunAESCTiNgbt8S

Replacement Parts

o Dji (manufacturer) 

o Reputable After Market Companies 

There is no intention in modifying aircraft beyond factory specifications. 

• The UAS will be in compliance with the FAA airworthiness regulations. 
16

Safety Concerns 

Prop guards: Prop guards such as the DJI manufactures guards listed here 

https://store.dji.com/product/phantom-2-series-propeller-guard 

will always be in use during commercial flights. 

Hazards Spotter: To ensure safety, either the listing agent, seller, contractor, owner or 

another party, will be on site to review and observe hazards before and during the flight. 

Population of Intended Areas: To ensure safety, all non-essential personnel will be 

removed from the area. There will be no flight over heavily populated areas like stadiums, 

schools, malls, casinos, and the like during operating hours. 

Airports: According FAA rules and to ensure pilot(s) safety, there will no flight in or 

around airports unless explicit permission is granted according to current FAA 

regulations. 

Weather: To ensure safety of spotter, agents, property owners, pet and wildlife flights 

will be conducted in optimal weather conditions. Flights will not be conducted in winds 

above 20 mph. 

Return-to-Home Feature: In the event the DJI Phantom 2 v2 H3-3D loses signal or 

runs critically low on battery the UAS has a GPS controlled return to home feature. The 

"home" is set upon flight startup. 

- Auto Return-to-Home & Landing 

-See Pre-Flight Checklist Exhibit A 

Flying in Confined Areas: There is a high probability of flying in confined spaces, 

around residential properties. Pilot and spotter will be in constant communication by 

two way radio, or cell phone, or other approved FAA communications device when 

geographically separated during flight to ensure awareness of obstacles, hazards 

and UAS location. 

Line of Site: The UAS will always be within the line of site of the pilot and spotter. 

If the UAS cannot be seen the return home failsafe will be used to regain visual 

control. 

Height: Fights will not exceed 400 ft AGL above subject properties at any time. 
17

Potential Hazards 

The following are potential hazards that may, or may not be, 

present during flight operations. The Pilot and Spotter will be 

aware of : 

-Other UASs 

-Houses, Commercial Buildings, Shops, and Out Buildings 

-Power Lines, Low Voltage Lines, High Voltage Lines, Cable 

Lines 

-Trees, Shrubs, and Hedges 

- Automobiles and RVs 

-Wildlife, both Land and Air 

-Rivers, Lakes, Ponds, Sounds, Straits, and Other Bodies of 

Water 

-Unaccounted for People 

-Unaccounted for Pets 

-Conditions as set forth in the DJI Manual 
18

Insurance Coverage 

Commercial UAS insurance coverage is not currently available through 

private insurers or through AMA (Academy of Model Aeronautics). 
19

Privacy Concerns

During flight operations privacy concerns are of high priority. 

With each commercial flight a signed agreement, will be in place. 

Seller/property owner, contractor, engineer or authorized agent will sign 

a letter authorizing the Lloyd & Associates UAS's use for marketing 

purposes. - 

 

Exhibit B 

Neighboring parcels or properties: During each flight operation, the UAS 

pilot will be extremely mindful of neighboring parcels to not film, 

record, or take pictures of people and property without their written & 

signed consent. 

All neighboring properties will be cropped from photos unless 

authorization to use such photos is granted in writing. 

Suburban Homes & Properties 

Homes that are within residential neighborhoods, it is easy for the 

camera's field of view to record and take pictures of homes and 

properties that are not intended to be advertised for sale. As the UAS 

increases altitude, so does the risk of inadvertently filming a home or 

property that hasn't given written permission to do so. 

Where privacy is a concern images will be cropped to omit neighboring 

properties.
20

Privacy Concerns Cont. 

Properties with Acreage 

Homes and properties with acreage have a higher degree of 

uncertainty when trying to determine lot lines, boundaries, and 

proximity to neighboring properties than a suburban home. Also, 

people looking to purchase a home with acreage, or a larger lot, have a 

higher degree of interest on knowing were the approximate lot lines are 

and an aerial perspective affords them such information. The use of 

an UAS would be the most effeminate means to provide such 

information. 

Homes with View & Waterfront 

People looking to purchase and/or sell a home, or a property, with a 

view, or on waterfront, want to see the home or property from an aerial 

perspective and to be showcased in this format. This is part of property 

owner profile. In addition, even though neighboring parcels might be 

shown in the picture and video, the neighboring properties will only be 

included if is necessary to the subject property's marketing materials. 

* All flights will occur over private or controlled access property with the 

property owner's prior consent and knowledge. Images taken will be of 

individuals who have also consented to being filmed or otherwise have 

agreed to be in the area where aerial photography will take place. 

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 more than adequate justification for the grant of the requested 

exemptions allowing commercial operation of applicant's UAS in the 

construction, realty industry pursuant to the DJI Manual and this document 

appended hereto.* 
21

Operational Conditions

To capture high resolution images and video operational conditions will 

be closely monitored because showcasing a property in the best light is 

and image quality is the utmost client priority. 

Day Time 

o Sunny Weather is Highly Preferred 

o Little to No Cloud Cover 

o Zero to Low Wind Speeds 

o High Visibility Conditions 

*No night-time operations are permitted. 
22

Pilot Qualifications

Training Sessions for a Lloyd & Associates certified pilot(s). 

Current Pilot: Mike Lloyd 

Pilot's Flight Log; Exhibit C 

• The Pilot in command will be familiar with current FAA regulations regarding UAS 

commercial usage. 

• The Pilot in command will have sufficient eye sight (with or without corrective lenses 

and without the aid of binoculars) to see and operate the UAS at the distances 

necessary for the purpose of the flight. 

• Pilot will be in good health. 

• New Pilots in training will shadow and act as the Pilot in Command 

Spotter for 3 Months or for a minimum of 20 hours Prior to First Flight 

Operations 

• New Pilots will demonstrate a workable knowledge or the UAS and 

proficiency in operational control at all times. 

• Pilots in training will Watch Online Training Videos. 

• Pilots will watch Online Training Videos for Specific Type of Filming Needs 

• Pilots will attend Upcoming, and Local, UAS Courses (This is Part of 

Pilot's Continuing Education) 

• Pilots will attend Local Courses Hosted by Dji (This is Part of Pilot's 

Continuing Education) 

• Every Pilot Will Follow the Flight Plans and Schedules Set Forth in 

this Document and current FAA regulations. 
23

Pre-Flight Checklist 

Prior to every flight, the pilot will go through a pre-flight checklist. The checklist 

will then be filed with every property's file in the event of an audit. 

Preflight Checklist: SEE Exhibit A 

Active Flight Operations 

Exercise continuous control of UAS, monitor potential hazards, be aware of 

changing environments that may present hazards. UAS will always be in view of 

Pilot and spotter. There will be a strict flight ceiling of 400 ft AGL. All flight will be 

done in accordance with current FAA rules and the conditions set forth in this 

document. 
24

Additional Resources 

-http://knowbeforeyoufly.org/

-http://www.dji.com/newpilot

https://www.lioutube.com/channel/UCRioWtWR9BPVZK8

YxMrH2Zw-http://www.modelaircraft.org/

- http://www.dji.com/product/phantom-2/download

- htt://www.dji.com/product/phantom-2/sec

- http://www.dji.com/support

-http://wiki.dji.com/en/index.php/Phantom 2

-htt://wiki.dii.com/en/index.php/Phantom 2 Vision%213 Flight Limits

-http://www.dji.com/newpilot
25

Exhibit A 

Pre-Flight Checklist 

Flight Operation Location: ________________________

Pilot:_________________________ 

Date:_________________________ 

 Conduct Walk Around of Flight Area 

 Identify Potential Hazards with Spotter 

 Locate Safe Launch & Landing Area 

 Set Spotter (Spotter May Change Location due to Filming Angle) Secure all Pets 

 Request on Non-Essential Personnel to Remain Behind Pilot 

 Unpack All Equipment from Transportation Case 

 Inspect UAS for damage, ware and proper flight setup according to the DJI 

manual. If no damage or unusual ware is detected proceed to the next step. If 

damage is detected the flight will be aborted until proper repairs are 

completed. 

 If the UAS is deemed flight worthy - Power Up Remote 

 Power Up GoPro 

 Initiate Video Recording 

 Power Up DJI Phantom 2 

 Launch DJI Phantom 2 

 Conduct Flight Operations 

 Land DJI Phantom 2 in Designated Landing Area 

 Power Down DJI Phantom 2 

 Turn Off Video Recording 

 Power Down GoPro 

 Power Down Remote 

 Inspect UAS for damage and ware 

 Put All Equipment Back into Transportation Case 

Pilot Signature___________________________________________ 
26

Exhibit B 

RE: Authorization to Record Video & Photograph Property 

I, , legal seller and/or representative, authorize and give permission 

to Lloyd & Associates to record video and photograph the property commonly 

known as: 

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________ 

The recorded video and photography is to be used in a manner consistent with 

the clients interests, current real estate marketing strategies and advertising 

techniques, property development, investigation and observation. 

Sincerely, 

Signature Date 

Signature Date 
27

Exhibit C 

UAS Flight log 

Pilot; Mike Lloyd 

Date 

9-10-14 

9-11-14 

9-12-14 

9-14-14 

9-18-14 

9-20-14 

9-21-14 

9-23-14 

9-25-14 

9-26-14 

9-28-14 

Hours 

2 

1 

1 

2 

1 

2 

2 

1 

2 

1 

1 

Location 

Home-213Curtis 

Dr Vista CA 

Home 

Home 

Home 

Vista Sports 

Park 

Vista Sports 

Park 

Home 

Home 

Home 

Home 

Home 

Project 

personal 

Personal 

Personal 

Personal 

Personal 

Personal 

Personal 

Filming tests 

Filming tests 

Filming 

Filming 

Estimated Hours Between 10-1-14 and 2-19-15 = 24-30 hrs