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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 certain qualified employees, so long as such operations are conducted 

within and under the conditions outlined herein or as may be established by the FAA. As 

described more fully below, 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.
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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.

It is anticipated that the process will be accomplished solely during the day. To capture the 

highest quality of resolution the majority of 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 lightweight 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 agreed 
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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 for the pilot, but for 

people of the public who may be 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 requests 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.djiinnovations.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 reduce 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 instances, 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.
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The applicant proposes that the exemptions 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 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 power 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 applicant 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. 
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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 less 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. In all 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 operates 
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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 both 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 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 

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 certificated 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 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 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.
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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: Flight 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 functioning dual 

controls. UASs and remotely piloted aircraft, by their design 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 approved exemptions for flight 

training without fully functional 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 distance 

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 from 

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 the 
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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 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) 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 powering the UAS provides approximately 40 minutes of powered flight. To meet 

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

approximately 10 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 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 reserved 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. 

Applicant believes that an equivalent level of safety can be achieved by limiting flights to 30 

minutes or 25% of battery power whichever happens first. This restriction would be more than 
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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): 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 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 the 
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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): Civil 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. 
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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); 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) in order to operate an Unmanned Aircraft System pursuant to Section 333 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 introduction of unmanned aircraft into the national airspace. 

Sincerely, 

John Burchfield 
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General Counsel 

The Weekley Group of Companies 

DJI Phantom 2 Vision+ 1.1.5 Manual

http://download.djiinnovations.com/downloads/phantom_2_vision_plus/en/Phantom_2_Vision_Plus_User_Manua

l_v1.1.5_en.pdf