SIMILABS, LLC

1813 Western Justice

Leander, TX. 78641

shaun@similabs.com

September 3, 2015

US Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington DC 20590

Exemption Request Pursuant to Section 333 of the FAA Reform Act and 

Part 11 of the Federal Aviation Regulations from: 14 CFR Part 21 Subpart H,

14 CFR 61.113(a) and (b), 14 CFR 91.103, 14 CFR 91.109, 14 CFR 91.119, 14 CFR 91.121, 

14 CFR 91.151, 14 CFR 91.405, 14 CFR 407, 14 CFR 409, 14 CFR 417

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, SIMILABS, LLC, an operator of Unmanned 

Aircraft Systems (“UASs”) for aerial photography and video for the real estate, 

motion picture and television industry, hereby applies for an exemption from the 

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

SIMILABS, LLC’s requested exemption would permit the operation of small, 

unmanned UAS under 55 pounds to conduct aerial video and photography under 

the Operational Control of an individual holding extensive UAS training; under 

direct control of a Pilot in Command (PIC); within Visual Line of Sight (VLOS); 

while utilizing a second person for the purpose of a Safety Observer. As 

established by the exemptions already granted by the FAA, approval of SIMILABS

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:

SIMILABS, LLC 

Attn: Shaun P. MaGruder

PH: 512-825-4885

Email: shaun@similabs.com

Address: 1813 Western Justice Leander, TX. 78641

Regulations from which the exemption is requested:

14 CFR Part 21 Subpart H, 14 CFR 61.113(a) and (b),

14 CFR 91.103, 14 CFR 91.109, 14 CFR 91.119, 14 CFR 91.121,

14 CFR 91.151, 14 CFR 91.405, 14 CFR 407, 14 CFR 409, 14 CFR 417

UASs operated by SIMILABS, LLC 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. SIMILABS, LLC will only operate its UASs in line of sight below 

400 feet AGL and will operate under the operational control of a UAS trained 

pilot while maintaining a safety observer. 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 SIMILABS, LLC’s UASs and the safety considerations 

proposed in this petition, SIMILABS, LLC’s UAS operations adhere to the 

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

the proposed use in which they will operate, approval of this application 

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

the proposed operations, and the significant public benefit: Marketing and 

development of real estate, public awareness, reduction in environmental 

impacts by reduced emissions and noise, as well as an increase in revenue to 

the local economy through real estate development. The grant of the requested 

exemption is in the public interest. Accordingly, SIMILABS, LLC respectfully 

requests that the FAA grant the requested exemption.
Aircraft And Equivalent Level Of Safety

The operating limitations proposed by SIMILABS provide for at least an equivalent or 

higher level of safety because operations further enhance safety of real estate, movie, 

and television filming using conventional aircraft. 

SIMILABS Proposed limitations and conditions include:

• The UASs will weigh less than 55 pounds.

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

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.

•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.

•Minimum crew for each operation will consist of the UAS Pilot, and a visual 

observer.

•An FAA licensed airman with proper UAS training and certifications will oversee 

all flight operations to ensure the highest degree of safety.

•All UAS Pilots will undergo in-house training before operating any UAS for 

commercial use. This will include situational awareness training, airspace 

education, and proper operation of the proposed UAS.

• The UAS will be operated within a confined area pre-programmed

into the software, avoiding inadvertent fly-away or flight beyond set parameters.

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

flight. All personnel involved in the operations are required to attend.

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

ensure that only consenting persons will be allowed within 50 feet of the 

flight operation.

• The operator will submit a written Plan of Activities to the FSDO three days prior to 

the event.

• 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.

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

the capability to return to a pre-determined location and land. The location will be 

clear of all persons or property during the duration of the flight. 
• The UAS will have the capability to abort a flight in case of unpredicted obstacles or

emergencies.

•The UASs will operate on the following frequencies, which are all FCC compliant 

and do not require specific licenses when transmit power is limited to 1 watt:

902 to 928 MHz, 2.400 to 2.4835 GHz, and 5.725 to 5.875 GHz.

• The UASs will not operate in the proximity of airports.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates

Given the size and limited operating area associated with the UASs to be utilized 

by SIMILABS, this 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 the UASs from the requirement for an airworthiness certificate, upon 

consideration of the size, weight, speed, operational capability, and proximity to 

airports and populated areas of the particular UASs. In all cases, an analysis of 

these criteria demonstrates that a UAS operated without an airworthiness 

certificate, in a restricted environment and under the conditions proposed will be at 

least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) 

operating with an airworthiness certificate without the restrictions and conditions 

proposed.

14 C.F.R. § 61.113(a) and (b): Private Pilot Privileges and Limitation:

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 an equivalent level of safety of current operations by requiring 

all operations to be supervised by (at minimum) an individual with proper UAS training

rather than requiring that individual to hold a commercial pilot’s license to operate a 

small UAS. Unlike conventional manned aircraft, a ground-based operator remotely 

controls a UAS. The operational area is limited, 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 far lower from those associated with 

commercial operations contemplated by Part 61.

Allowing operational control of a UAS by a private pilot 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, airspace, NOTAMS, TFRs 

flight battery requirements, landing and takeoff distances, and performance data 

before commencement of flight. Additionally all UAS will be checked for security of 

attached components prior to every flight.
14 C.F.R. § 91.109: Flight Instruction

Section 91.109 states, “No person may operate a civil aircraft (except a manned free 

balloon) that is being used for flight instruction unless that aircraft has fully functioning 

dual controls.” The proposed UASs will be operated utilizing an autopilot to maintain 

controlled flight, and all UASs are programmed to return to a level attitude and hover 

when the controls are returned to a neutral position. Because of these built in safety 

features, dual control is not necessary in order to maintain an equivalent level of safety 

proposed by section 91.109 during training. All training will be conducted in a 

controlled environment as to not cause undue harm or damage to persons or property.

14 C.F.R. §91.119: Minimum Safe Altitudes 

Section 91.119 establishes safe altitudes for operation of civil aircraft. 

Section91.119 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 SIMILABS, LLC 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.

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. 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 reference a GPS altitude, an exemption is needed. 

The operator will achieve an equivalent level of safety, confirming the altitude of the 

launch site shown on the GPS altitude indicator before flight.

14 C.F.R. §91.151: Fuel Requirements for Flight in VFR Condition

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 proposed UASs provides approximately 30 minutes of powered flight. 
Therefore the UAS cannot meet the 30-minute reserve requirement in 14 CFR §91.151. 

In lieu of this requirement the UAS flights will be terminated at approximately 25% 

remaining battery life or better. SIMILABS, LLC believes that an equivalent level of 

safety can be achieved by limiting flights to 25% of battery power, this restriction would 

be more than adequate to return the UAS to its pre-determined landing zone from 

anywhere in its limited operating range.

SIMILABS, LLC is not seeking an exemption for night-time UAS 

operations.

14 C.F.R. §91.405: 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 SIMILABS operations.

Maintenance will be accomplished by the operator in accordance with the 

manufacturers recommended procedures (attached). An equivalent level of safety will 

be achieved because the UASs are limited in size, will carry a small payload and

operate only for limited periods of time. A preflight inspection will be performed prior to 

every flight to ensure no mechanical issues are present. If mechanical issues arise, the 

UAS can land immediately and will be operating from no higher than 

400 feet AGL. The operator will ensure that the UAS is in working order prior to flight, 

and perform any required maintenance. Moreover, the operator is the person most 

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

14 C.F.R. §91.407: Operation after Maintenance

Functional check flights will be conducted away from people or property after any 

maintenance has been accomplished on the UAS. The UAS may be returned to 

service once it has been determined safe for flight.

14 C.F.R. §91.409: Inspections

Due to the small size of the UASs that will be operated by SIMILABS, LLC and 

limited components, we request that the UASs be exempt from regularly
scheduled inspections. To meet an equivalent level of safety sought by 14CFR 

91.409, all UASs will be thoroughly inspected prior to flight. Since the UASs will 

have limited components, a thorough inspection can be accomplished before 

each flight, eliminating the need for periodic, time based, or flight-hour based 

inspection cycles.

14 C.F.R. §91.417: Maintenance Records

As previously described, the UASs proposed size and use significantly limits the 

amount of maintenance required. The UASs that will be operated by SIMILABS, 

LLC are designed by the manufacturer for the average hobbyist to purchase and fly 

with minimal assembly, regular preventative maintenance is limited to security of 

attached components and proper storage of, and charging of batteries.

As such, SIMILABS, LLC requests an exemption from maintaining maintenance 

records as prescribed by 14CFR 91.417. However, in order to operate as safely as 

possible, SIMILABS, LLC will keep a running log of all maintenance performed on 

each UAS, and any anomalies noted during operation in order to diagnose and 

prevent problems with the UAS.

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: 

SIMILABS, LLC seeks an exemption from the following rules:14 

CFR Part 21 Subpart H, 14 CFR 61.113(a) and (b), 14 CFR 91.103,

14 CFR 91.109, 14 CFR 91.119, 14 CFR 91.121,14 CFR 91.151, 14 CFR 

91.405, 14 CFR 407, 14 CFR 409, 14 CFR 417 to operate commercially small 

unmanned vehicles (55 pounds or less) for aerial photography and video for 

the real estate, motion picture, and television industry.

As established by the UAS exemptions already granted by the FAA, allowing

commercial operations of UASs in the real estate and film industry will enhance 

safety by reducing risk. Conventional film operations, using turbine aircraft, 

operate at low altitudes and present the risks associated with aircraft that weigh 

thousands of pounds, and carry large amounts of fuel. Such aircraft must also 

fly to and from the film location. In contrast, a UAS weighing fewer than 55 

pounds and powered by batteries virtually eliminates all of that risk given the 

small size and lack of combustible fuel. The UAS is carried, and not flown, to a 

film location. In this regard, the UAS carries no passengers or crew, therefore 

will not expose anyone to the risks associated with manned flights. The 

operation of UASs conducted in accordance with this request 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 within a 

limited range. As a result, they are far safer than conventional operations 

conducted with turbine helicopters carrying fuel and flying near the ground and 

people.

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 SIMILABS, LLCs 

requested exemption, allowing for SIMILABS, LLC’s UAS commercial 

operations for the real estate, motion picture and television industry. 

Sincerely,

Shaun P. MaGruder, 

President/Owner 

SIMILABS, LLC