December 7, 2015

United States Department of Transportation, 

Docket Operations West Building Ground Floor, 

Room w12-140 1200 New Jersey Avenue, SE.,

Washington, DC 20590

SHARK&MINNOW INC.

3351 Daleford Road

Shaker Heights, Ohio 44120

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) and (b); 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) and (b).

To Whom It May Concern:

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

“Reform Act”) and 14 C.F.R. Part 11, SHARK&MINNOW INC. an operator of 

Unmanned Aircraft Systems (“UASs”) for aerial photography and video for

marketing, hereby applies for an exemption from the Federal Aviation Regulations 

(“FARs”) to allow commercial operation of its UASs.

On or about September 25, 2014, the FAA granted exemptions to six UAS operators, including 

Astraeus Aerial (the “Astraeus Exemption”). As set forth in SHARK&MINNOW INC.'s 

Unmanned Aerial System Operations Manual or Flight Operations and Procedures Manual (the 

“FOPM”), SHARK&MINNOW INC. will adhere to the terms of the Astraeus Exemption.

Low-level oblique photos and video from several angles are far more effective than 

ground- based imagery for displaying the characteristics of large, complex properties 

with several buildings and large trees. The applicants in the past have chartered 2-seat 

full-sized helicopters for this purpose, which has proven more costly than many 

potential clients have been able to afford. The benefits of reduced cost, reduced noise 

interference and improved quality of presentation from the UA will be valuable to and 

benefit many marketing professionals in the development of photography and videos of 

facilities. The photography and videography Marketing Projects will occur in restricted or 

other areas where access to the public is strictly limited and controlled. Under virtually 

all circumstances, all of the only property or structures near the locations are owned 

and operated by the same entity. As a result, the operation has no substantial impact 

on any third persons not involved in the actual site project

SHARK&MINNOW INC.'s requested exemption would permit the operation of small,

unmanned UAS under controlled and “sterile” conditions in and on the private property of 

their clients’ Marketing Projects that is: (i) limited, (ii) predetermined, (iii) subject to 

controlled access, and (iv) provide greater safety in connection with aircraft operations in 

the film and television industry and or Marketing Projects. Approval of 

SHARK&MINNOW INC. exemption would 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:

ERIC KOGELSCHATZ

Chief Strategy Officer

SHARK&MINNOW INC.

3351 Daleford Road

Shaker Heights, Ohio 44120

e eric@sharkandminnow.com

m 517.974.0395

o 216.609.3740 x102

f 216.539.3110

www.sharkandminnow.com

Regulations from which the exemption is requested:

• 14 CFR 61.113(a) and (b)

• 14 C.F.R. 91.103 

• 14 C.F. R. 91.119 

• 14 C.F.R. 91.121 

• 14 CFR 91.151(a) 

• 14 CFR 91.405(a) 

• 14 CFR 407(a)(1) 

• 14 CFR 409(a)(2) 

• 14 CFR 417(a) and (b)

UASs operated by SHARK&MINNOW INC. weigh less than 55 pounds, including the 

payload (i.e. camera, lens, and gimbal). They operate at speeds of no more than 50 

knots, can hover, and can simultaneously move vertically and horizontally. 

SHARK&MINNOW INC. will only operate its UASs in line of sight and will operate only 

within the sterile area described in the FOPM. Such operations will insure that the UAS 

will “not create a hazard to users of the national airspace system or the public.”

Given the small size of SHARK&MINNOW INC.'s UASs and the restricted sterile 

environment within which they will operate, SHARK&MINNOW INC.'s UAS operations 

adhere to the Reform Act’s safety requirements. Additionally, due to the size of the 

UASs and the limited areas in which they will operate, approval of this application 

presents no national security issues. Based on the substantial level of safety 

surrounding the proposed operations, and the significant public benefit (enhanced 

safety), reduction in environmental impacts (reduced emissions and noise), the grant of 

the requested exemption is in the public interest. Accordingly, SHARK&MINNOW INC.'s 

respectfully requests that the FAA grant the requested exemption without delay.

Aircraft And Equivalent Level Of Safety

The operating limitations proposed by SHARK&MINNOW INC. provide for at least an 

equivalent or higher level of safety because operations further enhance safety of

movie and television filming using conventional aircraft.

shark&minnow will operate the SOLO aircraft manufactured by 3D Robotics. It is our 

belief that the SOLO offers a more up to date flight control system as well as an 

improved on-board flight processors. This will improve flight characteristics and add 

to safe flight operations. shark&minnow intends to operate the SOLO from 3D 

Robotics and will operate it in strict compliance with the conditions set forth in 

Exemption 11204. 
shark&minnow also provides its:

1. Unmanned Aerial System Operations Manual or Flight Operations and 

Procedures Manual (the “FOPM”)

2. Aerial Systems 3DRobotics Solo Operations Manual

3. Aerial Systems 3DRobotics Solo Interface

4. Preflight Checklist

5. Safety Guidelines

shark&minnow will operate the aircraft in strict compliance with the conditions in 

existing the exemption previously granted by the FAA. As set forth in the FOPM, the

limitations and conditions include:

1. The UASs will weigh less than 55 pounds

2. Flights will be operated within line of sight of a pilot and/or observer.

3. Maximum flight time for each operational 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 400 feet AGL, and not 

more than 200 feet above an elevated platform from which filming is planned. 

5. Minimum crew for each operation will consist of the UAS Pilot, the Visual 

Observer, and the Camera Operator.

6. A UAS pilot will be an FAA licensed airman with at least a private pilot’s 

certificate and third class medical.

7. A UAS Pilot will be Pilot in Command (PIC). If a pilot certificate holder other 

than the UAS Pilot, who possesses the necessary PIC qualifications, is also 

present on set (i.e. the Aerial Coordinator), that person can also be 

designated as PIC.

8. The UAS will only operate within a confined “Sterile Area” as defined in the 

FOPM. The FOPM requires the establishment of a “Security Perimeter” for 

the flight operations area.

9. A briefing will be conducted for planned UAS operations prior to each day’s 

flight. All personnel performing duties within the boundaries of the safety 

perimeter are required to attend.

10. The operator will file a FAA Form 7711-1, or its equivalent, as modified in 

light of the requested exemption, with the appropriate Flight Standards 

District Office (”FSDO”).

11. The operator will obtain consent of all persons involved in the filming and 

ensure that only consenting persons will be allowed within 100 feet of the 

flight operation. This radius may be reduced to 30 feet based upon an 

equivalent level of safety determination, as required under the FOPM. With 

the advanced permission of the FSDO, operations at closer range can be 

approved.

12. The operator will submit a written Plan of Activities to the FSDO three days 

before the proposed shoot as required in the FOPM.

13. The Pilot and observer must be trained in UAS operations and have received 

current information on the particular UAS to be operated as required by the 

FOPM.

14. The Observer and pilot will at all times be able to communicate by voice 

and/or text.

15. Written and/or oral permission from the relevant property holders will be 

obtained.

16. 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.

17. If the UAS loses communications or loses its GPS signal, the UAS will have 

the capability to return to a pre-determined location within the Security 
Perimeter and land.

18. The UAS will have the capability to abort a flight in case of unpredicted 

obstacles or emergencies. 14 C.F.R. § 61.113(a) and (b): Private Pilot

Privileges and Limitations:

Pilot in Command Sections 61.113 (a) and (b) limit private pilots to non-commercial 

operations. Because the UAS will not carry a pilot or passengers, the proposed operations 

can achieve the equivalent level of safety of current operations by requiring the PIC 

operating the aircraft to have a private pilot’s license rather than a commercial pilot’s 

license to operate a small UAS. Unlike a conventional manned aircraft, a UAS is remotely 

controlled by a ground-based operator. The operational area is controlled an restricted, 

and all flights are planned and coordinated in advance. The level of safety exceeds that 

provided by a single individual holding a commercial pilot’s certificate operating a 

conventional aircraft. The risks associated with the use of a UAS are so diminished from 

the level of risk associated with commercial operations contemplated by Part 61 allowing 

UAS use by a private pilot as the PIC exceeds the present level of safety sought by 14 

C.F.R. §61.113 (a) and (b). 14 C.F.R. § 91.103: Preflight Action Section 91.103 requires 

each pilot to preflight an aircraft before flight to insure the safety of flight. As FAA approved 

rotorcraft flight manuals will not be used, an exemption is requested. However, an 

equivalent level of safety will be provided. The PIC will take all actions, including reviewing 

weather, flight battery requirements, landing and takeoff distances, and aircraft 

performance data before commencement of flight.

14 C.F.R. §91.119(c): Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 

provides, in pertinent part, that: “except when necessary for takeoff or landing, no person 

may operate an aircraft below the following altitudes: .....

(c) Over other than congested areas. An altitude of 500 feet above the surface, except 

over open water or sparsely populated areas. In those cases, the aircraft may not be 

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

Because SHARK&MINNOW INC. requests authority to operate at altitudes only up to 400 

AGL, and not more than 200 above an elevated platform from which filming is planned, an 

exemption is needed to allow such operations. Except for the limited conditions stated in 

the FOPM, the UAS will never operate higher than 400 AGL. It will, however, be operated 

in a restricted area within a 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 the location where it is operated. No flight will be taken without the 

permission of property owners or local officials. Because of the advance notice to the 

property owners and participants in the filming activity, all affected individuals will be 

informed of the planned flight operations. Compared to flight operations for manned 

aircraft and the lack of flammable fuel, any risk associated with the proposed UAS 

operations is far less than conventional aircraft operating at or below 500 AGL. In addition, 

the low-altitude operations of the UAS will ensure separation between a UAS and 

conventional aircraft.

14 C.F.R. §91.121 Altimeter Settings

Section 91.121 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 a UAS may not have a 

barometric altimeter, but instead a GPS altitude data, an exemption is needed. An 
equivalent level of safety will be achieved by the operator, pursuant to the FOPM and 

Safety Check list, confirming the altitude of the launch site shown on the GPS altitude 

indicator before flight.

14 C.F.R. §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 . . . .”

The battery powering the SHARK&MINNOW INC. UASs provides approximately 18 

minutes of powered flight. To meet the 30-minute reserve requirement in 14 CFR §91.151, 

UAS flights will be limited to approximately 10 minutes in length. Given the limitations on 

the UAS’s proposed flight area and its proposed operations within a predetermined 

location, a longer time frame for flight in daylight VFR conditions is reasonable. 

Furthermore, operating the UASs in a tightly controlled area where only people, property 

owners, or official representatives who have signed waivers will be allowed, less than 30 

minutes of reserve fuel does not engender the type of risk that §91.151(a) was intended to 

address.

SHARK&MINNOW INC. believes that safety can be achieved by limiting flights to 10 

minutes or 25% of battery power, whichever occurs first. This restriction would be more 

than adequate to return the UAS to its pre-determined landing zone from anywhere in its 

limited operating area.

SHARK&MINNOW INC. is not seeking an exemption for nighttime UAS operations. 14 

C.F.R.

§91.405 (a); 407 (a) (1); 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 Build Imagery operations. Maintenance will be 

accomplished by the operator. An equivalent level of safety will be achieved because the 

UASs are limited in size, 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 400 feet AGL. As provided in the FOPM, the operator will 

ensure that the UAS is in working order prior to flight, perform any required maintenance, 

and keep a log of any maintenance performed. Moreover, the operator is the person most 

familiar with the UAS and best suited to maintain it in an airworthy condition.

Summary for Publication

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the 

Federal Register, should it be determined that publication is needed:

SHARK&MINNOW INC. seeks an exemption from the following rules:

14 C.F.R. §§ 61.113(a) and (b); 91.103; 91.119(c); 91.121; 91.151(a); 91.405(a);

91.407(a)(1); 91.409(a)(2); and 91.417(a) and (b) to operate commercially a small 

unmanned vehicle (55 pounds or less) in marketing operations.
As established by the UAS exemptions already granted by the FAA, allowing commercial 

operations of UASs in the marketing industry will enhance safety by reducing risk. 

Conventional marketing operations, using turbine aircraft, operate at low altitudes and 

present the risks associated with aircraft that weigh around 4,000 pounds, and which carry 

large amounts of Jet A fuel. Such aircraft must also fly to and from the marketing location. 

In contrast, a UAS weighing fewer than 55 pounds and powered by batteries eliminates 

virtually all of that risk given the small size and lack of combustible fuel. The UAS is 

carried, and not flown, to a marketing set. In this regard, the UAS carries no passengers or 

crew and, therefore, will not expose them to the risks associated with manned flights.

The operation of UASs conducted in the strict conditions outlined in the FOPM will provide 

an equivalent level of safety supporting the grant of the exemption requested herein. The 

UASs operate at slow speeds, close to the ground, and in a sterile environment. As a 

result, they are far safer than conventional operations conducted with turbine helicopters 

carrying fuel and flying near the ground and people.

Privacy

All flights will occur over private or controlled access areas with the property owner’s prior 

consent and knowledge. Filming will be only of people who have given their consent or 

otherwise have agreed to be in the area where filming will take place.

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 to 

grant SHARK&MINNOW INC.'s requested exemption, allowing for SHARK&MINNOW 

INC.'s UAS commercial operations for Marketing Projects pursuant to the FOPM included 

herewith.

If you have any questions or need any additional information, please contact the 

undersigned at eric@sharkandminnow.com

Best Regards,

ERIC KOGELSCHATZ

Chief Strategy Officer

SHARK&MINNOW INC.

e eric@sharkandminnow.com

m 517.974.0395

o 216.609.3740 x102

f 216.539.3110

www.sharkandminnow.com