December 31, 2015 

U.S. Department of Transportation 

Federal Aviation Administration 

800 Independence Avenue, SW 

Washington, DC 20591 

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 11 of 

the Federal Aviation Regulations from: 14 CFR 61.113{a) & (b); 91.7 (a); 91.103; 

91.119{c); 91.121; 91.151{a); 91.405{a); 91.407(a)(1); 91.409 (a)(1) and {2}; 91.417{a) 

& (b). 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act, I, Andrew Lassiter, 

operator of an Unmanned Aircraft System (UAS), hereby apply, on behalf of Keen Eye 

Marketing and Sea Island Media, for an exemption from the listed Federal Aviation 

Regulations (“FARs”) to allow commercial operation of its UAS, 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. 

I would like to formally submit for an exemption from part 21, subpart H; and Sections 

45.23(b), 91.7(a), 91.9(b)(2), 91.119, 91.121, 91.151(a), 91.203(a) and (b), 91.405(a), 

91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b) of Title 14, Code of Federal 

Regulations (14 CFR). This proposed exemption would allow the operation of unmanned 

aircraft systems (UAS) for the purpose of aerial videography and photography real estate 

purposes and events. 

Applicant: 

Shaun Etheridge

542 Thompson Lane

Portland, TN 37148

shaun.etheridge@comcast.net

(615) 924-3112
Commercial operation of an UAS, as described herein, which are equipped with camera 

and sensors, would operate in the following manner: 

• Aerial photography and/or video for public and/or private use including real 

estate and other related professional activities. 

• Aerial video and/or photography for public and/or private use including public 

and private events. 

As described fully below, the requested exemption would permit the operation of a UAS 

under controlled conditions in the NAS that would be a) limited, b) controlled, c) 

predetermined, and d) will provide safety enhancements to the already safe operations in 

the industry presently using conventional aircraft. Approval of this exemption would 

thereby enhance safety and fulfill the Secretary of Transportation responsibilities to 

“....establish requirements for the safe operation of such aircraft systems in the national 

airspace system.” 

As found in Exemption No. 11138 (Trudeau), the FAA recently approved similar use of a 

PHANTOM 2 UAS. We will operate a UAS, the DJI Phantom 3 Professional, Model 

W323, which is comprised of an unmanned aircraft (UA or Phantom), an attached 4K 

camera and a transportable ground station. The PHANTOM 3 is a quadcopter with a 

gross weight of 2.8 pounds. It is equipped with four rotors that are driven by electric 

motors powered by batteries. The UA has a maximum airspeed of 16 m/s. It will be 

operated over various metropolitan areas, primarily around Nashville, TN, to augment 

real estate listing videos, capture event aerial video and photography, and related business 

operations. 

UAS Operating Parameters 

We will abide by the following additional operating conditions under this exemption, 

which ensures a level of safety at least equal to existing rules: 

• operate UAS below 300 feet and within a radius distance of 1000 feet from the 

controller to aid in direct line of sight visual observation; 

• obtain permission from the owner/controller of any vessels, vehicles and 

structures when operations may be conducted closer than 500 feet to any such 

vessels, vehicles or structures; we will conduct a safety assessment of the risk 

of operating closer to those objects and determine that it does not present an 

undue hazard; 

• operate the UAS for 5-10 minutes per flight; 

• land UAS prior to the manufacturer’s recommended minimum level of battery 

power; 

• operate UAS during daylight hours only within visual line of sight (VLOS); 
• use the UAS’ global positioning system (GPS) flight safety feature whereby it 

hovers and then slowly lands if communication with the remote control pilot is 

lost; 

• conduct all operations under the flight safety protocols (including posting a 

warning sign reading: “Attention Aerial Photography in Progress – Remain 

Back 150 feet”) contained in the operating documents and will actively analyze 

flight data and other sources of information to constantly update and enhance 

safety protocols; 

• will NOT fly within 5 miles of any airport; 

• will NOT fly in any National Park;

• Will NOT hinder or fly near any emergency situation or emergency response 

personnel;

• always obtain all necessary permissions prior to operation; have procedures in 

place to abort flights in the event of safety breaches or potential danger; 

• only operate in safe environments that are strictly controlled, are away from 

power lines, elevated lights, airports and densely populated areas (defined by 

areas depicted in “yellow” on VFR charts and through obtaining information 

regarding congested areas from the local Flight Standards District Office 

(FSDO); 

• conduct extensive preflight inspections and protocols, during which safety 

carries primary importance (reference PHANTOM Flying Flow Chart and User 

Manual). 

Regarding UAS operational training, we have flown numerous practice flights in remote 

areas as hobbyists simulating flights for future commercial use to gain familiarization 

with the characteristics of the UAS’ performance under different temperature and weather 

conditions.

Any PIC operating our UAS will have accumulated and logged, in a manner consistent 

with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 

10 hours logged as a UAS pilot with a multi-rotor UAS. The PIC will also have 

accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make 

and model of UAS to be used for operations. In addition to the hour requirements, the 

PIC will accomplish 3 take-offs and landings in the preceding 90 days (for currency 

purposes) prior to any flight. 
Specific Exemptions Requested

Given the size, weight, speed, and limited operating area associated with the UA, we feel 

an exemption from 14 CFR part 21, Subpart H (Airworthiness Certificates) and § 

91.203(a) and (b) (Certifications required), subject to certain conditions and limitations, is 

warranted and meets the requirements for an equivalent level of safety under 14 CFR part 

11 and Section 333 of P.L. 112d95 (Section 333). 

We request an exemption from § 45.23 Marking of the aircraft because the UA will not 

have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, 

the two-inch lettering is difficult to place on such a small aircraft with dimensions smaller 

than the minimal lettering requirement. Regardless of this, we can mark the UAS in the 

largest possible lettering by placing the word “Experimental” on its fuselage as required 

by § 45.29(f) so that anyone will see the markings. 

We request an exemption from § 91.7(a) which prohibits the operation of an aircraft 

without an airworthiness certificate, since there is currently no certificate applicable to 

our operation, this regulation is inapplicable. 

We request an exemption from §§ 91.405(a), 91.407(a)(1), 91.409(a)(2) and 91.417(a) 

and (b) Maintenance inspections since they only apply to aircraft with an airworthiness 

certificate. However, as a safety precaution we will perform a preflight inspection of the 

UAS before each flight as outlined in the attached operating documents. 

We request an exemption from § 91.9(b)(2) which requires an aircraft flight manual in the 

aircraft, however since there are no pilots or passengers on board the aircraft and given its 

size, this regulation is inapplicable. We believe an equivalent level of safety will be 

achieved by maintaining a safety/flight manual with the UAS ground station. 

We request an exemption from § 91.119 which prescribes safe altitudes for the operation 

of civil aircraft, but it allows helicopters to be operated at lower altitudes in certain 

conditions. We will not operate our UAS above the altitude of 300 feet above ground 

level (AGL) and will also only operate in safe areas away from the public and traffic, thus 

“providing a level of safety at least equivalent to or below those in relation to minimum 

safe altitudes.” Given the size, weight, maneuverability, and speed of the UAS, an 

equivalent or higher level of safety will be achieved. 

We request an exemption from § 91.121 Altimeter settings as it is inapplicable since the 

UAS utilizes electronic GPS with a barometric sensor. 

We request an exemption from § 91.151(a) Fuel requirements for flight in VFR 
conditions. The UAV is 100% electric and two low battery alerts are issued d per the 

operating documents, the UAV will be landed at the first alert. Also, our flights will last 

only 5d10 minutes each, and the UAS has an automated function, which results in 

immediate landing when a low battery is detected. The PIC 

will not begin a flight unless (considering wind and forecast weather conditions) there is 

enough power to fly to the first point of intended landing and, assuming normal cruising 

speed, land the UA with 30% battery power remaining. 

Public Interest

Aerial photography and videography for real estate and events are proven strategies to 

enhance marketing efforts and increase business success. The industry is not new. 

However, until recently it was conducted through the use of costly manned aircraft, a 

prohibitive business activity for small companies. By granting this exemption I would be 

able to provide affordable services. 

Further, the small UAS will pose no threat to the public given its small size and lack of 

combustible fuel when compared to larger manned aircraft. Additionally, the operation of 

our UAS will minimize harm to the environment economic growth by providing 

information to companies and the public looking to relocate or build in the metro areas 

we service. Public and private events serviced by our business enhance vibrancy and add 

culture to the community and its citizens. 

Summary 

We will comply with all of the following conditions and limitations should this 

exemption be provided: 

1) Operations will be limited to the following aircraft described in the operating 

documents, which is a quad-rotor aircraft weighing 2.8 pounds: Phantom 3 

Unmanned Aircraft System. 

2) The UA will not be flown at an indicated airspeed exceeding 50 knots. 

3) The UA will be operated at an altitude of no more than 400 feet above ground level 

(AGL), All altitudes reported to ATC must be in feet AGL. 

4) The UA will be operated within visual line of sight (VLOS) of the Pilot In Command 

(PIC) at all times. 

5) All operations will utilize a visual observer (VO). The UA will be operated within the 

visual line of sight (VLOS) of the VO at all times. The VO and PIC will be able to 

communicate verbally at all times. The PIC will be designated before the flight and 

will not transfer his or her designation for the duration of the flight. The PIC will 

ensure that the VO can perform the functions prescribed in the operating documents. 
6) The operating documents will be accessible during UAS operations and made 

available to the Administrator upon request. Any revisions to the operating 

documents will be presented to the Administrator upon request. 

7) Prior to each flight, the PIC will inspect the UAS to ensure it is in a condition for safe 

flight. If the inspection reveals a condition that affects the safe operation of the UAS, 

the UAS will not be operated until the necessary maintenance has been performed 

and the UAS is found to be in a condition for safe flight. The Ground Control Station 

will be included in the preflight inspection. All maintenance and alterations will be 

properly documented in the aircraft records. 

8) Any UAS maintenance or alterations that affect the UAS operation or flight 

characteristics, e.g. replacement of a flight critical component, will undergo a 

functional test flight. The PIC who conducts the functional test flight will make an 

entry in the aircraft records. 

9) The preflight inspection section in the operating documents will account for all 

discrepancies, i.e. inoperable components, items, or equipment, not already covered 

in the relevant sections of the operating documents. 

10) We will follow the UAS manufacturer’s aircraft/component, maintenance, overhaul, 

replacement, inspection, and life limit requirements. 

11) We will carry out maintenance, inspections, and record keeping requirements, in 

accordance with the operating documents. Maintenance, inspection, and alterations 

will be noted in the aircraft records, including total flight hours, description of work 

accomplished, and the signature of the authorized person returning the UAS to 

service. 

12) Each UAS operated will comply with all manufacturer Safety Bulletins. 

13) An authorized person will make an entry in the aircraft record of the corrective action 

taken against discrepancies discovered between inspections. 

14) Prior to operations conducted for the purpose of aerial videography/photography and 

for real estate listing videos and public and private events and similar operations, the 

PIC will have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 

a minimum of 25 hours of total time as a UAS rotorcraft pilot including at least 10 

hours logged as a UAS pilot with a multi-rotor UAS. 

15) Prior to operations conducted for the purpose of aerial videography/photography and 

for real estate listing videos and public and private events and similar operations, the 

PIC will have accumulated and logged, in a manner consistent with 14 CFR 61.51(b), 

a minimum of 5 hours as UAS pilot operating the make and model of the UAS to be 

used in operations. The PIC will accomplish 3 take-offs and landings in the preceding 

90 days.

16) The PIC will not operate the UAS for the purpose of aerial videography/photography 

and for real estate listing videos and public and private events and similar operations, 

unless the PIC has demonstrated and logged in a manner consistent with 14 CFR 
61.51(b), the ability to safely operate the UAS in a manner consistent with the 

operating documents, including evasive and emergency maneuvers and maintaining 

appropriate distances from people, vessels, vehicles and structures. 

17) UAS operations will not be conducted during night, as defined in 14 CFR 1.1. All 

operations will be conducted under visual meteorological conditions (VMC). 

18) The UAS will not operate within 5 nautical miles of an airport reference point as 

denoted on a current FAA published aeronautical chart. 

19) The UA 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. 

20) If a UA loses communications or loses its GPS signal, it will return to a 

predetermined location within the planned operating area and land or be recovered in 

accordance with the operating documents. 

21) The PIC will abort a flight in the event of unpredicted obstacles or emergencies in 

accordance with the operating documents. 

22) The PIC will not begin a flight unless (considering wind and forecast weather 

conditions) there is enough power to fly at normal cruising speed to the intended 

landing point and land the UA with 30% battery power remaining. 

23) Before conducting operations, the radio frequency spectrum used for operation and 

control of the UA will comply with the Federal Communications Commission (FCC) 

or other appropriate government oversight agency requirements. 

24) The documents required under 14 CFR 91.9 and 91.203 will be available to the PIC 

at the Ground Control Station of the UAS any time the UAS is operating. These 

documents will be made available to the Administrator or any law enforcement 

official upon request. 

25) The UA will remain clear and yield the right of way to all manned aviation operations 

and activities at all times. 

26) The UAS will not be operated by the PIC from any moving device or vehicle. 

27) The UA will not be operated over congested or densely populated areas. 

28) Flight operations will be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless: 

a. Barriers or structures are present that sufficiently protect nonparticipating 

persons from the UA and/or debris in the event of an accident. We will 

ensure that nonparticipating persons remain under such protection. If a 

situation arises where nonparticipating persons leave such protection and 

are within 500 feet of the UA, flight operations must 

cease immediately and/or; 

b. The aircraft is operated near vessels, vehicles or structures where the 

owner/controller of such vessels, vehicles or structures has granted 

permission and the PIC has made a safety assessment of the risk of 
operating closer to those objects and determined that it does not present an 

undue hazard, and; 

c. Operations nearer to the PIC, VO, operator trainees or essential persons 

do not present an undue hazard to those persons per § 91.119(a). 

29) All operations will be conducted over private or controlled access property with 

permission from the land owner/controller or authorized representative. Permission from 

land owner/controller or authorized representative will be obtained for each flight to be 

conducted. 

30) Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA will be reported to 

the FAA's UAS Integration Office (AFSd80) within 24 hours. Accidents will be reported 

to the National Transportation Safety Board (NTSB) per instructions contained on the 

NTSB Web site: www.ntsb.gov. 

If you have questions or need additional information, please contact me at 

shaun.etheridge@comcast.net or (615) 924-3112. 

Thank you, 

Shaun Etheridge