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:	Princess	DeliveryExpress,	LLC.		(Randall	Newman)

		

Date:	6/3/2015	

Dear	Sir	or	Madam:	

Attached	please	find	Princess	DeliveryExpress,	LLC	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	 aerial	 advertising;	 safety,	monitoring,	inspecting	 and/or	 recording	 of	 secured	

and	controlled	environment	construction	sites; proposed	development	sites; inspections	of	property	

and	 videography/photography	 for	 realty	 advertisements and	 property	 listings.	 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,	

Randall	Newman

Princess	DeliveryExpress,	LLC	
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 and	 Advertising - Selling/leasing properties,	 enhancing	 advertising	 campaigns,	 and	

increasing	 production	 of	 marketing	 materials.	 Evaluating	 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.			

 Photo/Videography	of	rural	contracted	outdoor	recreational	activities	on	private	and	public	use	

lands	(Prior	Permission	and	coordination	Only). Princess	DeliveryExpress,	LLC has	a	significant

amount of interest in taking video and photos for advertising in our local area.		Utilizing the UAS will

offer a significant improvement to the agency with regards to both safety and cost.		Using a 6 lb. UAS

compared to a gas turbine helicopter or aircraft will offer a considerable safety margin as well as cost

savings advantage.

•		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	sUAS	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	Princess	DeliveryExpress,	LLC	would	be	specifically	interested	in	the	

areas	mentioned	above.	

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);	91.20 3(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 Princess	DeliveryExpress,	LLC	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:	

Princess	DeliveryExpress,	LLC	

Randall	Newman

PH:	713-614-4001

Email:	randy@rhnewman.com

Address:	PO	Box	841276

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)	

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).	

Princess	 DeliveryExpress,	 LLC	 UASs	 are	 multi-rotor	 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,	Princess	DeliveryExpress,	LLC respectfully	 requests	that	the	FAA	

grant	the	requested	exemption	without	delay.	

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	 rule

making	 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.	

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.

EQUIVALENT	LEVEL	OF	SAFETY	

Princess	DeliveryExpress,	 LLC 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.	Princess	DeliveryExpress,	LLC 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 when	required.	

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.	

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	§9 1.203	(a)	(1).	Given	

the	 size	 and	 limited	 operating area	 associated	 with	 the	 aircraft	 to	 be	 utilized	 by Princess	

DeliveryExpress,	LLC,	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,	operation

al	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.