CONSULTING ENGINEERS & GEOLOGISTS, INC.

812 W. Wabash  Eureka, CA 95501-2138  707-441-8855  FAX: 707-441-8877 shninfo@shn-engr.com

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Reference: 015000.048

May 29, 2015

US Department of Transportation submitted electronically to: www.regulations.gov

Docket Management System

1200 New Jersey Ave, SE

Washington, DC 20590

Subject: SHN Consulting Engineers & Geologists, MA- Section 333 Exemption 

Petition; Exemption Request Section 333 of the FAA Reform Act of the 

Federal Aviation Regulations from 14 CFR 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; 119.121; 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:

SHN Consulting Engineers & Geologists, Inc., seeks exemption pursuant to FAA Modernization 

and Reform Act of 2012 and the procedures contained within 14 Code of Federal Regulations (CFR)

11, from the Federal Aviation Regulations (FARs) listed below so that SHN may operate our small 

ultra-light weight unmanned aircraft system (UAS) commercially in airspace regulated by the 

Federal Aviation Administrator (FAA). This petition is, in most regards, similar to granted 

exemption No’s. 11569, 11544, 11327, and 11299 both in operation approach (closer than 500 feet) 

and parallels to some of the equipment being used (DJI Phantom 2, & 3DR PixHawk).

As described herein SHN proposes to perform aerial still photography with the use of common 

hobby-grade UAS, presently a DJI Phantom 2+ Multirotor, DJI-S800 Multirotor and a 3DR PixHawk 

Fixed Wing aircraft, mostly for geological, biological, and botanical survey purposes and 

construction monitoring. 

SHN’s exemption request would permit operation of ultra-light weight, unmanned, and relatively 

inexpensive UAS in small portions of semi-rural airspace using tightly controlled and limited 

duration flight plans.

SHN will provide a three-person team during flight times, including an operator, a visual observer,

and a Pilot in Command (PIC):

• Harrison Hummel, SHN’s IT and GIS Technician, will provide either operator or visual 

observer tasks. Mr. Hummel is working toward obtaining his pilot license, and has ground 

training completed and 10 hours of flight time accomplished. 

• Richard (Rich) Fenton, will provide PIC duties and will have final authority and 

responsibility for operation and safety of the flight. Mr. Fenton has private pilot certificate 

#3105830 issued December 10, 2005, and Medical Certificate Third Class (ID 1996370596; 

control #2000006322501).

• Ramiro Massa will provide either operator or visual observer tasks and act as the primary 

flight mechanic to ensure all aircraft used are safe and airworthy. 
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SHN respectfully requests the grant of an exemption allowing operation of ultra-light weight, 

remote controlled UAS primarily to supplant the existing high-elevation aerial photography that 

has not proven to be adequate for this field of study (for example for botanical surveys of Eel Grass 

in Humboldt Bay and other bays on the Pacific West Coast). 

SHN understands that it is in the public interest of safety that operations of UAV (unmanned aerial 

vehicle) systems maintain maximum vigilance to prevent the potential for accidents or incidents. 

We propose to enhance safety in the local environment by applying sound risk-evaluation and 

management principles to the operations, including any limitations stated in the exemption. 

The specific sections of Title 14 of the CFR from which SHN requests exemption are as follows:

• 14 CFR 21; 14 CFR 45.23(b)

• 14 CFR 61.113 (a) & (b)

• 14 CFR 91, et seq.

• 14 CFR 407 (a) (1)

• 14 CFR 409 (a) (2)

• CFR 417 (a) & (b). III

Contact Information:

Harrison Hummel, IT/GIS Technician

SHN Consulting Engineers & Geologists, Inc.

812 W. Wabash Ave.

Eureka, CA 95501-2138

Ph. 707-269-1052

email: hhummel@shn-engr.com

web: www.shn-engr.com

The Extent of Relief SHN Consulting Engineers & Geologists Seeks and the Reason We

Seek Such Relief:

SHN submits this application in accordance with the Reform Act, 112 P.L. 95 && 331-334, seeking 

relief from any currently applicable FARs operating to prevent commercial cinematic and other 

flight operation within the national airspace system. The Reform Act in Section 332 provides for 

such integration of civil unmanned aircraft systems into our national airspace system as it is in the 

public’s interest to do so. SHN’s, ultra-light weight UAS meets the definition of “small unmanned 

aircraft” as defined in Section 331 and, therefore, the integration of our ultra-light weight UAS is 

expressly contemplated by the Reform Act. SHN would like to operate its ultra-light weight UAS 

prior to the time by which the FAA is required the Reform Act requires to promulgate rules 

governing such craft. The Reform Act guides the Secretary in determining the types of UASs that 

may operate safely in our national airspace system. 

Considerations include the weights, size, speed, and overall capabilities of the UASs; whether the 

UAS will be operated near airports or heavily populated areas; and whether the UAS will be 

operated by line of sight, 112 P.L. 95 &&333(a). Each of these items is in favor of an exemption for 

SHN. SHN’s UAS uses onboard inertial measurement unit (IMU) and global positioning system 
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(GPS) for balance, control, and stability. Our UAS is equipped with GPS and auto-return safety 

technology, and weighs less than (10) pounds (far below the maximum 55-pound limit), including 

the onboard camera.

Operational Considerations:

SHN proposes to operate the UAS in Humboldt and Del Norte Counties, California, the Coos Bay

and Netarts Bay region of Oregon, the Dungeness Bay and Willapa Bay region of Washington. 

SHN has offices in both regions and has significant work is these coastal-bay areas that would 

warrant this method of reconnaissance. These areas are primarily served by:

• The un-towered airport at Arcata-Eureka Airport (KACV), Murray Field (KEKA), and 

Samoa Airport (033) in Humboldt County, California

• Del Norte County Airport (KCEC) in Del Norte County

• Southwest Oregon Regional (KOTH) in Coos County, Oregon

• Tillamook Airport (KTMK), in Tillamook County, Oregon

• Seattle-Tacoma International (KSEA) in Clallam County, Washington

• Willapa Harbor Airport (K259) in Pacific County, Oregon

Other smaller non-towered airports are also prevalent. Most of the flight operations will be 

conducted on clear, visual flight rule (VFR) days, typically between the daylight hours of 7 a.m. and 

8 p.m. All operations will be conducted below 500 feet in altitude. The ideal altitudes at which to 

conduct the operations typically are below 300 feet; however, occasional flights may be required up 

to 400 feet. The duration of a single photo shoot typically is 1 hour or less.

Operation Risk Management: 

SHN’s proposed procedures for reducing operation risk include (but are not limited to) the 

following:

1) Contacting the local Air Traffic Control (ATC), at least one day prior to the operations and 

identifying the location of the flight operations with respect to local known landmarks, GPS 

coordinates, and/or location in relation to navigational aids (such as, VHF omni-directional 

radio range devices [VORs], non-directional beacons [NDBs], or intersections)

2) Identifying the planned time, nature, and altitudes associated with the operations

3) Using a (very high frequency) VHF handheld transceiver (HT), such as, the Vertex Standard 

VXA-710, to monitor ATC communications with local air traffic, and to establish radiocommunication with ATC, if needed; or, if in the vicinity of a non-towered airport, 

monitoring air traffic flying in the vicinity using Unicom frequencies

4) Prior to the event, identifying the runways in use at the time of the shoot and ascertaining 

typical traffic flow patterns
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5) Avoiding the busiest air traffic time intervals as defined by local ATC

• Both the Humboldt County and Coos County airports are surrounded by substantial 

open space and bodies of water. 

• When operations are conducted in close proximity to an airport or its approach paths, 

ongoing communication with ATC or the local Unicom operator will be maintained.

6) Maintaining detailed flight and maintenance logs

7) Performing robust pre- and post-flight inspections on the airframe, power plant(s), and any 

electronics that are important for safe operations of the UAS

Reasons Why Approval of SHN’s Application will Serve the Public Benefit:

1) Operations will be conducted by an experienced operator, aircraft owner, and PIC, who are 

intimately familiar with the local airspace, local flight operations considerations, landmarks, 

and ATC procedures.

2) Use of the industry-standard DJI Phantom 2+ Multirotor, DJI-S800 Multirotor, and a 3DR 

PixHawk with features that have been tested and proven for safe operation characteristics.

3) Applications of operations-risk methods similar to those applied to Part 91 operations on a 

flight-by-flight basis.

4) Operation almost entirely in very clear day VFR weather.

5) Operational locations of sites typically are along the waterfront or away from towered and 

non-towered airports.

6) Operation will be almost entirely below 400 aboveground level (AGL).

7) Maintained HT will be used for communications.

8) The UAS to be used (DJI Phantom 2+ Multirotor, DJI-S800 Multirotor, and a 3DR PixHawk)

has “first-person-view” (FPV) capability. However, all operations of the UAS will be 

conducted using line-of-sight. FPV is useful in framing and evaluating position with respect 

to the desired photographs. However, use of FPV for flight control rarely offers sufficient 

image quality, particularly on a very bright VFR day, to use for aircraft control beyond lineof-site. Therefore, all operations will be conducted strictly using line-of-sight.

9) This application, if approved, will help ensure safety by ensuring that the operations are 

conducted in accordance with FAA regulations overseen by an experienced FAA certificated 

pilot.

Sample Operational Risk Management Procedure:

1) Pre-operation: at least 24 hours prior to operations:

a) Contact local airport operator, as well as ATC tower and Settle ARCC manager and 

identify: location of shoot with respect to local known ATC landmarks, timeframe of 

shoot, identification of UAS, and communications capability of pilot (i.e., radio, cell 

phone).
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b) Obtain complete weather briefing from an approved weather information provider, as 

one would for a commercial Part 91 flight.

2) Day of operation:

a) Examine site of operation using online mapping, such as, the town GIS map 

applications, Google Earth, or Flash Earth.

b) Ascertain runway in use and traffic patterns being used using Flightaware.com, by 

monitoring ATC tower frequency, etc.

c) Upon arrival at site, observe traffic patterns in area; monitor ATC frequency at all times.

d) Use operations checklist for UAS.

e) Conduct safety inspection of UAS.

f) Test UAS and obtain good GPS signal prior to flight.

g) Use safety observer.

h) While monitoring ATC, in the unlikely event that the operation is perceived to be in 

conflict with any air traffic, immediately avoid traffic and cease operation.

Summary

SHN Consulting Engineers & Geologists requests exemption from 14 CFR 21; 14 CFR 45.23(b); 14 

CFR 61.113 (a) &(b); 14 C/F/R 91, et seq.; 14 CFR 407 (a) 1; 14 CFG 409(a) (2); and 14 CFR 417(a) & 

(b)., for the purpose of conducting safe operation of DJI, and 3DR PixHawk UAS in the general 

areas of Humboldt and Del Norte Counties, California and Coos County, Oregon, where SHN has 

offices located. SHN proposes to maximize safety through operational risk management procedures 

comparable to those applied to Part 91 operations in which SHN is experienced and familiar. 

This application is similar to other approved or pending applications centered on Real Estate 

photography or survey operations using the DJI Phantom, and 3DR PixHawk UAS systems. The 

applicant believes the FAA is familiar with the aircraft capability, so the flight manual for the 

aircraft is not included herewith, but can be provided on request. The manuals for the UAS are 

available at:

http://download.djiinnovations.com/downloads/phantom_2_vision_plus/en/Phantom_2_Vision

_Plus_User_Manual_v1.8_en.pdf and http://3drobotics.com/kb/pixhawk/
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Please issue a flight exemption for our UAS as soon as possible, so that we can use it for 

documenting species of interest during this blooming and nesting season.

Respectfully submitted,

SHN Consulting Engineers & Geologists

Harrison Hummel 

IT and GIS Technician

HCH:lms