1 Weekley Homes , LLC 1111 North Post Oak Houston, TX 77055

July 23 , 2015 US Department of Transportation Docket Operations West Building Ground Floor, Room W12

- 140 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 Part 21; 14 CFR 45.23(b); 14 CFR § 61.315 (c) (2); 61.315 (c) (3); 91.103 (b); 91.109; 91.119; 91.121; 91.151 (a); 91.203 (a) & (b); 91.405 (a); 407 (a) (1); 91.409(a) (2); 91.417 (a) & (b); 91.7 (a); 91.9 (b) (2)
Dear Sir or Madam, Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 CFR Part 11, Weekley Homes, LLC , a homebuilder, hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of their UASs (Multi

-Rotor) by

c ertain qualified employees , so long as such operations are conducted within and under the conditions outlined herein or as may b e established by

the FAA. As described more fully

b elow, the requested exemption would permit the operation of small, unmanned UASs under controlled conditions in airspace that is 1) limited 2) predetermined and 3) controlled as to access . The requested exemption would provide 1) safety enhancements to operations in the building industry(including inspections of three and four story buildings) and 2) aerial video of land to be acquired, financed developed and sold

. These operations would provide improved safety over the existing means of obtaining the same data with larger manned systems. This petition was written with regard to approved petitions numbered: 12108, 11240, 11465 and 11625.2

The name and address of the applicant is: Weekley Homes, LLC Attn: John Burchfield Phone: 7133163128 Email: jburchfield@dwhomes.com Address: 1111 North Post Oak Rd. Houston TX, 77055 Regulations from which the exemption is requested: 14 CFR Part 21; 14 CFR 45.23 (b) ; 14 CFR § 61.315 (c) (2) ; 14 CFR § 61.315 (c) (3) ; 14 CFR 91.103; 14 CFR 91.109 ; 14 CFR 91.119 ; 14 CFR 91.121 ; 14 CFR 91.151 (a) ; 14 CFR 91.203 (a) & (b) ; 14 CFR 91.405 (a) ; 14 CFR 91.407 (a) (1) ; 14 CFR 91.409 (a) (2) ; 14 CFR 91.417 (a) & (b) ; 14 CFR 91.7 (a) ; 14 CFR 91.9 (b) (2) **Primary Use** The primary

use of Weekley

Homes, LLC in utilizing UASs in and around various cities are as follows: 1) Visual inspections, Photo and Video of roof structures and interior framing of 3 and 4 story structures under vertical construction and, 2) Photographic documentation of site conditions for land that is being evaluated for residential subdivisions

. Iti s anticipated that the process will be accomplished solely d uring the day

. To capture the highest quality of resolution the majority o f airborne data collections will take place during the 8:00am to 5:00pm window. Our teams will operate under the principals of: Safety First, Accountability, Reporting, and Training. These lightwei ght aircraft will operate at slow speeds and under 200 feet. All flights will occur over private and controlled access property with the property owner’s prior consent and knowledge. Image capture of people will rarely take place, but in the event it does, they will have consented prior to being filmed or otherwise have agreed3

to be in the area where data collection will take place. All flights will be conducted according to any State local and federal laws regarding privacy.
**Statement of Public Interest** Use of this UAS and similar UASs for the reasons listed herein is far safer than larger manned vehicles (whether in the case of a crane or a manned aircraft) , not only f or the pilot, but for people of the public who may b e involved if there was an incident. 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 significant public benefit, including enhanced safety, reduction in environmental impacts, including reduced emissions associated with allowing UASs for inspection and survey operations, the grant of the requested exemptions is in the public interest. Accordingly, the applicant respectfully reque sts that the FAA grant the exemption without delay

. **Aircraft and Equivalent Level of Safety**  The UAS that we propose to use is a DJI Phantom 2 Vision +. The manual is attached and can be found here. http://download.dji

innovations.com/downloads/phantom_2_vision_plus/en/Phantom_2_Vision_Plus_User_Manua l_v1.1.5_en.pdf It is estimated that the use of UAS aircraft will reduc e risks of injuries to human beings. Aside from reducing the number of physical climbs, the utilization of UAS will dramatically lower the use of cranes and lifts, which also pose dangerous conditions for build and repair personnel. In a number of instance s, inspectors just need to “get eyes on” the roof assemblies to look for specific deficiencies, and inspect tracts of land that may otherwise be inaccessible or difficult to access. Approval of exemptions allowing commercial operations of UASs in the building industry will enhance safety

by reducing risk. We would otherwise have to send people up to the roofs of homes and above, with cranes and other mechanisms, to take these pictures and have to enter undeveloped tracts of land without knowledge of unforeseen hazards. Weekley Homes, LLC’s UASs are multi

-rotorcraft, weighing 15lbs. or fewer including sensor payload. They

will operate their multi

-rotorcraft, under normal conditions at a speed of no more than 35 knots and have the capability to hover, and move in the vertical and horizontal plane simultaneously

. We will manually operate only

in VLOS and will operate only within the private areas described herein. Given the small size and weight of the UAS involved and the restricted sterile environment within which they will operate, the applicant falls squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned that the FAA, by exemption, allows commercial operations of UASs to commence. Also due to the size of the UASs and the restricted areas in which the relevant UAS will operate, approval of the application presents no national security issue.4

The applicant proposes that the exemptions requested herein apply to civil aircraft that have the characteristics and that op erate with the limitations listed herein. These limitations provide for at least an equivalent or higher level of safety to operations under the current regulatory structure because the proposed operations represent a safety enhancement to the similar operations conducted with conventional aircraft and represent a safety enhancement when compared to the climbs that take place without aircraft. These limitations and conditions to which Weekley

Homes, LLC agrees to be bound when conducting commercial operations under an FAA issued exemption include: 1: The UAS will weigh less than 15 lbs when carrying a load, is constructed by a high reputation company and uses a Multi

- copter base application. 2. Flights will be operated manually within visual line of sight (VLOS) of the Operator (PIC) and Observers 3. Maximum total flight time for each operational flight will depend on battery charge, the average flight will be 30 +/

- minutes. Flights will be terminated at 25% battery p ower reserve should that occur prior to the 30 +/

- minute limit. 4. Flights will be operated at an altitude of no more than 200 feet AGL. 5. Minimum two (2) man crew for each UAS operation will consist of the Operator and Observer. 6. The UAS Operator will have a COA prior to conducting any operations, the COA will be submitted in conjunction with this petition of exemption 333, or the operator will be operating under the blanket COA. 7. The UAS will only

operate within a confined and controlled privately owned area. 8. Weekley

Homes, LLC will develop procedures to document and maintain a record of the UAS maintenance, preventative maintenance, alteration records, and status of replacement/overhaul component parts. 9. A pre

- flight safety risk assessment procedure , according to the manual, and a briefing will be conducted in regard to the planned UAS operation 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. 10. Spotter (Observer) and Operator will at all times be able to communicate by voice, radio, and/or text. 11. Generally

a pplicant will be the owner of the property being surveyed and when it is not, written and/or oral permission from the relevant property holders will be obtained.5

12. All required permissions and permits will be obtained from state, county or city jurisdictions. 13. If the UAS loses communications or loses its GPS signal, the UAS will have capability to return to a pre
- determined location within the Security Perimeter and land. 14. The UAS will have the capability to abort a flight in case of unpredicted obstacles emergencies. 15. The UAS will not be operated les s than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC. 16. The PIC will have an aviation sport license . PIC will have training on the specific manual to the UAS and a minimum of 7 hours or ten 30 minute practice runs with the specific UAS following our guidelines for operation pursuant to this petition. **UAS Control** The Phantom 2 Vision+ Remote Controller is a wireless communication device using the 5.8GHz frequency

band. Remote Controller and Phantom are paired before delivery

.

**UAS Payload/Camera** Our Phantom 2 UAS will be using the stock camera (within the manual) with a total pay load of approximately

10 pounds. Any

change in camera will be noted in the aircraft log and will result in no more than a 15 pound pay load. If changed, prior to resuming commercial operations the UAS will be flight tested in accordance with our maintenance procedures outlined in our procedures summary

. **14 CFR Part 21, Subpart H: Airworthiness Certificates 14 CFR §91.203 (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 the Applicant, 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 capability, and proximity to airports and populated areas of the particular UAS. Inall cases, 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 multi

-rotorcraft) operating with an airworthiness certificate without the restrictions and conditions proposed. The UAS to be operated hereunder is far less than 55 lbs. fully loaded, carries neither a Pilot nor Observers, carries no explosive materials or flammable liquid fuels, and operates6

exclusively

within a secured area as set out in the Manual. Unlike other civil aircraft, operations under this exemption will be tightly controlled and monitored by b oth the Operator, pursuant to safety requirements, and under the requirements and in compliance with local public safety requirements, to provide security for the area of operation as is now done with conventional tools. The FAA will have advance notice of all operations. These safety enhancements, which already apply to civil aircraft operated in connection with Industrial, Videography and Photography production and Real Estate 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 s ame criteria demonstrates that there is no credible threat to national security p osed by

the UAS, due to its size, speed of operation, location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial external load. **14 CFR § 45.23 (B): Marking of the Aircraft** The regulation requires: The registration number is displayed on limited, restricted or light

- sport category aircraft or experimental or provisionally c ertificated aircraft. The operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words “limited,” “restricted”, “light

- sport,” “experimental,” or “provisional,” as applicable. Even though the UAS will have no airworthiness certificate, an exemption may b e 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 Operator (PIC) and Observers 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 to Exemptions Nos. 10700, 8738, 10167 and 10167A. **14 CFR § 61.315 (c) (2) & (3) : Pilot in Command**  **Priviliges** § 61.315 (c) (2) says that one may not act as pilot in command of a light

- sport aircraft: for compensation or hire and (3) says that one may not act as a PIC with a sport license in furtherance of a business. Paragraph 13 under conditions of many FAA 333 petition approval letters reads: “Under this grant of exemption a PIC must hold either an airline transport, commercial, private, recreational or sport pilot certificate.” Our PIC will have a light

- sport pilot license.7

**14 CFR §91.103: Preflight Action**  This regulation requires each pilot in command to take certain actions before flight to insure the safety of flight. As FAA approved multi

-rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. An equivalent level of safety will be provided by the Manual. The PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoff distances and aircraft performance data before initiation of flight. **14 CFR §91.109: F light Instruction**  Section 91.109 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 f unctioning dual controls. UASs and remotely piloted aircraft, by their design do not have fully f unctional dual controls. Flight control is accomplished through the use of a control box that communicates with the aircraft via radio communications. The FAA has approved exemptions for flight training without fully

f unctional dual controls for a number of aircraft and for flight instruction in experimental aircraft. See Exemptions Nos. 5778K & 9862A. The equivalent level of safety is accomplished because no pilots will be on the aircraft and the GCS will be a safe distanc e from the aircraft and the public, causing no safety hazard. Given the size and speed of the Phantom UAS , an equivalent level of safe training can still be performed without dual controls because no pilot or passengers are aboard the aircraft, and all persons will be a safe distance away in the event that the aircraft experiences any difficulties during flight instruction. In addition, Weekley

Homes, LLC will conduct flight training at a remote facility away f rom population centers. These training flights will be conducted on the sites and will otherwise comply with the provisions in the Manuals. **14 CFR §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. As set forth herein, except for the limited conditions stated in the Manual, the UAS will never operate at higher than 200 ft. AGL

. It will however be operated in 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 and speed of the UAS as well as location where it is operated. No flight will be taken without the permission of the8

property owner or local officials. Because of the advance notice to the property owner and participants in the filming activity, all affected individuals will be aware of the planned flight operations as set forth in the Manual. Compared to flight operations with aircraft or multi

-rotorcraft weighing far more than the maximum 55 pounds, the UAS proposed herein and the lack of flammable fuel with the UAS means that any risk associated with these operations is far less than those presently presented with conventional aircraft operating at or below 500 ft. AGL

. 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 CFR §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 b e 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 Requi rements for Flight in VFR Conditions**  Section 91.151 (a) prohibits an individual from beginning “a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing, and, assuming normal cruising speed

– (1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that for at least 45 minutes.” The battery

p owering the UAS provides approximately 4 0 minutes of powered flight

. To meet the 30 minute reserve requirement in 14 CFR §91.151, UAS flights would be limited to approximately

1 0 minutes in length. Given the limitations on the UAS’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. Applicant 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 op erate without compliance with FAR 91.151 (a)). Operating the small UAS, in a tightly controlled area where only p eople and property

owners or official representatives who have signed waivers will be allowed, with less than 30 minutes of reserved fuel, does not engender the ty pe 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 f or which the exemption will be granted. Applicant believes that an equivalent level of safety can be achieved by

limiting flights to 30 minutes or 25% of battery p ower whichever happens first. This restriction would be more than9

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

**14 CFR §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration** The regulation provides in pertinent 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 (b) 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. As such, 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 control point where the Pilot flying the UAS will have immediate access to them, to the extent they are applicable to the UAS. **14 CFR §91.405 (a); 407 (a) (1); 91.409(a) (2); 417 (a) & (b): Maint enance 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 di screpancies 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 the applicant. Maintenance will be accomplished by the operator pursuant to the flight manual and operating handbook as referenced in the Manufactures 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 200 ft. AGL

. As provided in the Manual, 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 the10

aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety. **14 CFR §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 Manual for maintenance and use of safety check lists as well as a preflight inspection, and the fact that all maintenance and alterations will be properly documented in the aircraft records prior to each flight, an equivalent level of safety

will be provided. **14 CFR §91.9 (b) (2): Ci vil Aircraft Flight Manual in the Aircraft Section**  91.9 (b) (2) provides: No person may operate a U.S.

-registered civil aircraft ... (2) For which an Airplane or Multi

-rotorcraft Flight Manual is not required by § 21.5 of this chapter, unless there is available in the aircraft a current approved Airplane or Multi

-rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof. 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 point where the pilot flying the UAS will have immediate access to it.11 **Summary** Pursuant to 14 CFR Part 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed: Weekley Homes, LLC seeks an exemption from the following rules: 14 CFR Part 21; 14 CFR 45.23(b); 1 4 CFR § 61.315 (c) (2); 61.315 (c) (3); 91.103 (b); 91.109; 91.119; 91.121; 91.151 (a); 91.203 (a) & (b); 91.405 (a); 407 (a) (1); 91.409(a) (2); 91.417 (a) & (b); 91.7 (a); 91.9 (b) (2) in order to operate an Unmanned Aircraft System pursuant to Section 3 33 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit Weekley Homes, LLC to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting: 1) Visual inspections, Photo and Video of roof structures and interior framing of 3 and 4 story structures under vertical construction and, 2) Photographic documentation of site conditions for land that is being evaluated for residential subdivisions. 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 Real Estate industry

pursuant to the Manual appended hereto. Weekley Homes, LLC, stand by

to support the FAA and UAS community in its quest to establish proper regulations and protocols for the safe introd

uction of unmanned aircraft into the national airspace.

Sincerely,
John Burchfield12

General Counsel The Weekley

Group of Companies

**DJI Phantom 2 Vision+ 1.1.5 Manual**
http://download.dji

innovations.com/downloads/phantom_2_vision_plus/en/Phantom_2_Vision_Plus_User_Manua l_v1.1.5_en.pdf