March 18, 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act.

Dear Sir or Madam:

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

Act), Schultz ATM (the operator), Jordan Schultz (the applicant), planned operator of 

Small Unmanned Aircraft Systems (sUASs) equipped to conduct aerial photography and 

survey for various industries hereby applies for an exemption from Federal Aviation 

Regulations (FARs) to allow commercial operations of their sUASs, 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 described more fully below, the requested exemption would permit the operation of

sUAS by the applicant for commercial use that would provide the following benefits:

1. Operations would be performed in an area of operation limited in size suitable to

the specific use, in advance of flight.

2. The flight would be planned in advance to minimize hazards to persons and

property in the air and on the ground.

3. The operator would reasonably limit or control access to provide safety to those

not involved in the operation.

4. Operation of a sUAS would provide significant safety, environmental and other

enhancements not possible by larger sized aircraft.

5. An FAA licensed airman with a Private grade or higher pilot certificate would

operate the sUAS or directly supervise the operation.

6. Provide a beneficial and currently unavailable service to government

organizations and the general public that would serve the public interest.

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 applicant has logged over 4000 hours of flight time while holding FAA commercial 

certificates in fixed wing, helicopter and glider categories. The applicant is also an active 

Certified Flight Instructor (CFI) in rotorcraft and fixed wing aircraft. Utmost safety and 

professionalism will continue to be utilized at all times in full-size and unmanned aircraft.
It is possible to operate the sUASs so to not create a hazard to users of the National 

Airspace System (NAS), the public or pose a threat to national security if done so safely 

and responsibly. 

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The applicant proposes that the exemption requested herein apply to civil aircraft that

have the characteristics of sUAS 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 as the proposed operations represent a safety

enhancement to the already safe aerial commercial photography and survey operations

conducted with conventional aircraft.

The sUAS planned to be operated is a rotorcraft aircraft weighing 55 lbs or fewer 

pounds including payload. The sUAS would operate, under normal conditions, at a 

speed of no more than 30 knots. Operations will be performed by a qualified sUAS PlC, 

as outlined below, to insure that the sUAS will "not create a hazard to users of the 

national airspace system or the public." Given the small size of the sUAS involved and 

the pre-planned environment within which it will operate, the applicant believes that 

these operations fall squarely within that zone of safety (an equivalent level of safety) in 

which Congress envisioned that the FAA must, by exemption, allow commercial 

operations of sUASs to commence immediately. Also, operation in a researched (to 

include applicable NOTAMs), pre-defined area will prevent the possibility of a national 

security issue. The operation of sUASs by knowledgeable professionals with experience 

in the NAS will serve to enhance safety, add to the public benefit and reduce 

environmental impacts related to current methods of aerial photography and survey.

These limitations and conditions to which the operator, or it's employees, acting as

sUAS PIC agrees to be bound when conducting commercial operations under an FAA

issued exemption:

1. Safety will be the first and foremost consideration in any sUAS operation.

2. sUAS pilot will be an FAA licensed airman with at least a Private Pilot certificate or 

the sUAS pilot will be directly supervised by an FAA licensed airman with at least a 

Private Pilot certificate.

3. The sUAS FAA licensed airman will be considered Pilot in Command (PIC), 

whether flying or supervising, and will be responsible for safe operation of the 

flight.

4. Flights will be operated within line of sight of the PIC and/or an observer.

5. The sUAS will weigh less that 55 lbs total.

6. Flights will be operated in Class G airspace whenever possible. If operation in 

other airspace is required, the relevant controlling agency will be notified at least 

24 hours prior to the operation and, if required, any necessary permission 

obtained.

7. Flights will be operated under visibility and cloud clearance requirements 

equivalent to Visual Flight Rules (VFR).

8. The sUAS will at all times give way to any aircraft carrying persons.
9. The sUAS will not operate above an altitude of 400 AGL (above ground level).

10. All operations will be required to utilize a Visual Observer (VO). The UA will be 

operated within the visual line of sight (VLOS) of the PIC and VO at all times. The 

VO and PIC must be able to communicate verbally at all times.

11. All operations will initially establish and area of operation that will include a defined 

lateral and vertical area where the sUAS will operate. Safety procedures will be 

established for persons, property and applicable airspace within the area of 

operation.

12. Flight planning will include flight completion with at least 25% battery power 

remaining as measured by the sUAS or applicable timing methods.

13. The sUAS will utilize GPS navigation, failsafe, return-to-home (RTH) and/or flight 

abort safety features.

14. All operations will include a safety briefing with all participants being present.

15. All required permission and permits will be obtained from appropriate state, county 

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

governmental agencies.

16. Written, to include electronic, and/or oral permission from the relevant property 

owners will be obtained prior to an operation.

17. The sUAS pilot will be trained in advance for the safe operation of the sUAS to be 

operated. This will include operation of the sUAS both in normal and emergency 

modes of operation, and will include familiarization with the operation manual (or 

similar) if published by the sUAS manufacturer. Training will also include types of 

maneuvers to be performed and the safe operation in relation to persons, property 

and applicable airspace.

It is the applicant's belief that the size, speed, operating environment, limitations and 

level of applicant's experience in the NAS outlined provides an "equivalent level of

safety" or better when operating a sUAS for the public interest as outlined in Section 

333 in the FAA Modernization and Reform Act of 2012. lt is requested that the FAA issue 

an exemption to permit safe, legal, commercial sUAS operation by the applicant as 

soon as possible.

Sincerely,

Jordan Schultz

Schultz ATM

10418 Shire Country

San Antonio, TX 78254
Appendix A

Exemption Requests and Equivalent Level of Safety

Schultz ATM requests an exemption from the following regulations as well as any 

additional regulations that may technically to apply to the operation of sUAS’s:

14 CFR Part21, Subpart H: Airworthiness Certificates

This part establishes the procedures for the issuance of an airworthiness certificate.

While the FAA continues to work to develop airworthiness standards for UAS, we

request an experimental certificate be issued for the sUAS's operated by the applicant

under either or both of the following provisions:

21 .191 Experimental certificates.

Experimental certificates are issued for the following purposes:

(a) Research and development. Testing new aircraft design concepts, new aircraft

equipment, new aircraft installations, new aircraft operating techniques, or new uses for

aircraft.

(b) Showing compliance with regulations. Conducting flight tests and other

operations to show compliance with the airworthiness regulations including flights to

show compliance for issuance of type and supplemental type certificates, flights to

substantiate major design changes, and flights to show compliance with the function 

and reliability requirements of the regulations.

Since the experimental certificate can be used for commercial purposes such as market

surveys, sales demonstrations, and customer crew training, we would expect that an

experimental certificate would permit our commercial purpose as well.

The aircraft will not carry persons or property and will only fly under strict operational

requirements. Combined with the fact that any aircraft operated would be light weight

and is constructed primarily out of foam or plastic, we propose that a sUAS will be at

least as safe, if not safer, than a conventionally certificated aircraft performing the same

function.

lf an experimental airworthiness certificate is not appropriate for this application, then 

we request an exemption of 14 CFR Part 21, Subpart H, and the requirement for an

airworthiness certificate in general, citing the equivalent level of safety outlined in the

previous paragraph.

14 CFR 91.119 Minimum safe altitudes: General.

The regulation provides that over sparsely populated areas the aircraft cannot be 

operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the 

typical mission of this sUAS would be photography or survey of persons, vessels, 

vehicles or structures it would be necessary to operate closer than 500 feet to the items 

listed. Operations will only be flown over property or persons where permission has 

been obtained, and careful pre-planning has been performed. Further, sUAS aircraft 

operate at a very slow airspeed, and a low mass, and do not need as much space to 

operate safely, as outlined in 91.119. We believe the slower speed, smaller mass and 

careful pre-planning would provide an equivalent level of safety.
14 CFR 91.121 Altimeter settings.

The regulation provides that aircraft shall maintain cruising altitudes by reference to an

altimeter setting available within 100 nautical miles of the aircraft. The sUAS will

normally be flying close to the ground, and in line of sight of the PIC and VO.

This line of sight operation will provide separation from other aircraft, obstructions and

terrain, and would override the use of an altimeter for such a purpose. We feel that this

will provide an equivalent level of safety.

14 CFR 91.151 Fuel requirements for flight in VFR conditions.

The regulation provides that no person may begin a flight in an airplane under day-VFR

conditions unless there is enough fuel to fly to the first point of intended landing and to

fly after that for at least 30 minutes. We feel the intention of this paragraph is to provide 

a reasonable reserve of energy to plan for a safe landing should there be a delay in

landing. The close proximity to the ground station, the ability for rotorcraft to land in a 

very small space and the built in energy level monitoring of the sUAS we feel provide an 

equivalent level of safety if the flight is planned to be completed with 25% battery 

energy remaining. We request an exemption to the word "fuel" and ask for an equivalent 

interpretation with the word "energy".

14 CFR Subpart E (91.401 - 91.417) - Maintenance, Preventive Maintenance, and

Alterations

The regulation provides that the operator is primarily responsible for maintaining the

aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs

91.407 and 91.409 require that the aircraft be "approved for return to service by a 

person authorized under 43.7" after maintenance and inspection. lt is our intention that 

the PIC perform maintenance and inspection of the aircraft and "be authorized to 

approve the aircraft for return to service."

Prior to every flight, the PIC will inspect the aircraft to ensure that it is in an airworthy

condition. Any general maintenance procedures or replacement of consumable items

outlined by the sUAS manufacturer, if applicable, will be complied with by the PlC. ln no

circumstance will a sUAS be operated in a condition that is deemed, or suspected to 

be, unsafe. lf such a determination is reached, and the problem cannot be remedied to 

the satisfaction of the PlC, the sUAS will not be operated until consulting with the

manufacturer or one of it's authorized dealers to complete necessary repairs. We feel

that due to the size, construction, and simplicity of the aircraft, the PIC can ensure an

equivalent level of safety.