Shawn Engel

12612 69th Ave N

Maple Grove, MN 55369

612-743-4251

December 29th, 2015

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave. 

SE Washington DC 20590 

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

Federal Aviation Regulations from: 

 14 CFR 21 subpart H; 

 14 CFR 45.23(b); 

 14 CFR 61.113(a); 

 14 CFR 91.7(a); 

 14 CFR 91.9(b)(2); 

 14 CFR 91.103; 

 14 CFR 91.109; 

 14 CFR 91.119(c); 

 14 CFR 91.121; 

 14 CFR 91.151(a); 

 14 CFR 91.203 (a) and (b); 

 14 CFR 91.405 (a); 

 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1) and (2); 

 14 CFR 91.417(a) and (b) 

To whom it may concern: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and 14 CFR Part 11, 

Shawn Engel, operator of micro Unmanned Aerial Systems (mUAS), hereby applies for an 

exemption from the listed Federal Aviation Regulations to allow commercial operation of a 

micro UAS, so long as such operations are conducted within and under the conditions outlined 

herein or as my be established by the FAA as required by Section 333.

The requested exemption would permit Shawn Engel to pursue his commercial interests in

providing services to clients using a small advanced sUAV in the following areas: 

1. Aerial photography and/or video for public and/or private use including commercial, 

non-profit, real estate, architecture, land surveying, engineering, special events, and 

other related professional activities. 

2. Aerial inspection/photography of residential/commercial structures under contract 

with the owners or local government authority. 
3. Aerial video/photography for agriculture activities. 

Approval of this exemption would thereby enhance safety and fulfill the Secretary of 

Transportation’s (the FAA Administrator's) responsibilities under Section 333(c) of the Reform 

Act to "establish requirements for the safe operation of such aircraft systems in the national 

airspace system."

The name, phone, email and address of the applicant: 

Name: Shawn Engel

Phone: 612-743-4251

Email: shawn@videoproductionmn.com

Address: 12612 69th Ave N, Maple Grove, MN 55369

Shawn Engel has demonstrated the ability to safely and effectively fly the sUAS, DJI Phantom 

Series, DJI Inspire Series, and the 3Dr Solo which will be used for all commercial and private 

purposes. Shawn Engel complies with local ordinances and laws regarding the operation of 

sUAS, and adheres to all weather and environmental restrictions or limitations in reference to 

the operations of sUAS.

All flights will occur in ordinance with any state or local laws regarding privacy.

I, Shawn Engel am seeking the exemption because I am committed to complying with all of the 

rules, guidelines, limitations, and future legislation set forth by the FAA. I agree to operate the 

sUAS in the manner that I have described, and for the purposes that I have described. Without 

the exemption request granted, I would be unable to safely and effectively capture video for the 

public and my clients, it is my intention to comply with the FAA and obtain an exemption of the 

following regulations.

The following contains my list of regulations from which I am seeking exemption, and a 

complete list of responsibilities I assume as operator; it also contains information regarding the 

aircraft, public benefit and safety features, and similar petitions requests granted.

Regulations from which exemption is requested:

 14 CFR 21 subpart H; 

 14 CFR 45.23(b); 

 14 CFR 61.113(a); 

 14 CFR 91.7(a); 

 14 CFR 91.9(b)(2); 

 14 CFR 91.103; 

 14 CFR 91.109; 

 14 CFR 91.119(c); 

 14 CFR 91.121; 

 14 CFR 91.151(a); 

 14 CFR 91.203 (a) and (b); 

 14 CFR 91.405 (a); 
 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a)(1) and (2); 

 14 CFR 91.417(a) and (b) 

These proposed exemptions would allow me operation of unmanned aircraft systems (UAS)

for the purpose of aerial videography/ photography as a service to the public/ business

interests. As found in exemption No. 11138 (Trudeau), the FAA recently approved

similar use of a DJI UAS. These devices were selected because they have proven reliable

flying capabilities managed by gyro stabilized flight, ground detection (phantom 3 and

inspire 1) ,GPS aided navigation, a compass, blinking LEDs, failsafe mode for returning

home and prop guards.

As in Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see Docket 

No. FAA−2014−0382), 11213 to Aeryon Labs, Inc. (see Docket No. FAA−2014−0642), No. 11138 

(Trudeau), No. 12645 to Allied Drones (see Docket No. FAA-2014-0804), There is enhanced 

safety achieved using an unmanned aircraft (UA) with the specifications described by the 

petitioner and carrying no passengers or crew, rather than a manned aircraft of significantly 

greater proportions, carrying crew in addition to flammable fuel, gives the FAA good cause to 

find that the UAS operation enabled by this exemption is in the public interest.

The approval of this application presents no national security issues. Regarding the level of 

safety surrounding the proposed operations and the public benefit, reduction in environmental 

impacts, including but not limited to reduced emissions and noise, the grant of the requested 

exemption is in the public interest. Accordingly, the applicant graciously requests that the FAA 

grant the requested exemption.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed for an equivalent or higher level of safety because 

operations will further enhance the safety of the persons and/or property using conventional 

aircraft. These limitations and conditions to which the applicant agrees to adhere to when 

conducting commercial operations under the FAA issued exemption as set forth in the Flight 

Operations Manual (FOM) include:

1. The UAS will weigh significantly less than 55 lbs. It weighs less than 4 pounds with battery and

camera.

2. The UAS, depending on the model in operation, will have a maximum operating speed of

no more than 50mph.

3. Flights will be operated within line of sight of the Pilot in Command (PIC) and/or Visual

Observer (VO).

4. Maximum flight time for each operational flight will be depending on the UAS model in

operation, but will not exceed 30 minutes. Flights will be terminated at 25% battery power 

reserve or 30 minutes of flight time whichever occurs first.

5. Flights will be operated at an altitude of no more than 400 feet Above Ground Level (AGL) and

not more than 200 feet above an elevated platform from which filming is planned.

6. Minimum crew for each operation will consist of the UAS Pilot and at least one Visual 

Observer (VO), and may include a third, but separate, Camera Operator (CO).

7. The UAS pilot will be a designated Pilot in Command (PIC) . The PIC will have logged a
minimum of 20 hours on the designated UAS.

8. A safety briefing will be performed prior to each day's flights consisting of all the days'

Production activities.

9. All flight activities will be logged.

10. All flights will occur under Visual Flight Rules Meteorological Conditions (VMC) only.

11. The flights will occur in Class G airspace no closer than a Smile radius of the geographic

center/Airport Reference Point (ARP) of a tower controlled or uncontrolled airport.

12. Flights will not be closer than a 5 mile radius of the geographic center/Airport.

13. The operator will do a pre check of aircraft prior to each flight. And log each flight.

14. The operator will obtain verbal/written consent of all persons involved with the planned

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

operation, and the radius may be reduced to 30 feet based upon an equivalent level of safety

determination, as U.S. Department of Transportation required under the FOM. With the 

advanced permission of the FSDO, operations at closer range may be approved.

15. The PIC and VO will have been trained in operation of UAS and receive up to date

information for the particular UAS to be operated.

16. The PIC and VO will be able to communicate by voice and/or radio at all times.

17. The PIC will abide by all rules.

18. If the UAS loses communications with the remote controller or loses GPS signal, the UAS

will have the capability to return to a predetermined location within a designated location and

land autonomously.

19. The UAS will have the capability to abort a flight in case of emergencies with an

automated "Return Home and Land" function.

20. The UAS will have the capability to abort a flight in case of unpredicted obstacles,

weather, or emergencies such as low battery.

21. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries

of the operational area as defined by the applicable COA must be reported to the FAA's UAS

Integration Office (AFS−80) within 24 hours. Accidents must be reported to the National

Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site:

www.ntsb.gov.

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1) Subpart H,

entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of

airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited 

operating area associated with the aircraft to be utilized by the Applicant, an exemption from 

Part 21 Subpart H 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 aircraft 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 UAS. In all cases, an analysis

of these criteria demonstrates that the UAS operated without an airworthiness certificate in

the 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. The UAS to be operated hereunder is less 

than 55 lbs. fully loaded, carries neither a pilot nor passenger, carries no explosive materials

or flammable liquid fuels, and operates exclusively within a secured and designated area.

Unlike other civil aircraft, operations under this exemption will be tightly controlled and 

monitored by both the operator and under the requirements and in compliance with local public 
safety requirements. These safety enhancements provide a greater degree of safety to the 

public and property owners than conventional operations conducted with airworthiness 

certificates issued under 14 C.F.R. Part 21, Subpart H. Lastly, application of these same criteria 

demonstrates that there is no credible threat to national security posed by the UAS, due to its 

size, speed of operation, location of operation, lack of explosive materials or flammable liquid

fuels, and inability to carry a substantial external load. 

14 C.F.R. § 45.23 (b). Marking of the Aircraft The regulation requires: When marks include only 

the Roman capital letter "N" and the registration number is displayed on limited, restricted or 

light sport category aircraft or experimental or provisionally certificated aircraft, the operator 

must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in 

letters not less than 2 inches nor more than 6 inches high, the words "limited/' "restricted/' 

"light sport/' "experimental/' or "provisional/' as

applicable.

14 C.F.R. § 45.23 (b). Marking of the Aircraft The regulation requires: When marks include only 

the Roman capital letter "N" and the registration number is displayed on limited, restricted or 

light sport category aircraft or experimental or provisionally certificated aircraft,

the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot

station, in letters not less than 2 inches nor more than 6 inches high, the words "limited/'

"restricted/' "light sport/' "experimental/' or "provisional/' as applicable. Even though the UAS

will have no airworthiness certificate, an exemption may be needed as the UAS will have no

entrance to the cabin, cockpit or pilot station on which the word "Experimental" can be placed.

Given the size of the UAS, two inch lettering will be impossible. The word "Experimental" will be 

placed on the fuselage in compliance with §45.29 (f). US Department of Transportation February 

20, 2015 The equivalent level of safety will be provided by having the UAS marked

on its fuselage as required by §45.29 (f) where the pilot, observer and others working with the

UAS will see the identification of the UAS as "Experimental." 

14 C.F.R. § 61.113 (a) and (b) The proposed UAS operations may achieve an equivalent level of 

safety as achieved by current regulations because the applicant's UAS do not carry any pilots or 

passengers nor property. The risks attendant to the It is believed that the operation and 

limitations set forth in the FOM will equate to the safe operation of the UAS.

14 C.F.R. §91.7{a): Civil Aircraft Airworthiness. The regulation requires that no person may

operate a civil aircraft unless it is in airworthy condition. As there will be no airworthiness

certificate issued for the aircraft, should this exemption be granted, no FAA regulatory standard

will exist for determining airworthiness. Given the size of the aircraft for maintenance and use of

safety checklists prior to each flight, an equivalent level of safety will be provided. 

14 C.F.R. § 91.9(b) (2): Civil Aircraft Flight Manual in the Aircraft. Section 91.9 (b) {2)provides: No 

person may operate a U.S. registered civil aircraft ... (2) For which an Airplane or Rotorcraft 

Flight Manual is not required by §21.5 of this chapter, unless there is available in the aircraft a 

current approved airplane or Rotorcraft Flight Manual, approved manual material, markings, 

and placards, or any combination thereof. The UAS, given its size and configuration has no 

ability or place to carry such a flight manual on the aircraft, not only because there is no pilot on 

board, but because there is no room or capacity to carry such an item on the aircraft. The
equivalent level of safety will be maintained by keeping the flight manual at the ground control

point where the pilot flying the UAS will have immediate access to it.

14 C.F.R. § 91.103: Preflight Action. This regulation requires each pilot in command to take 

certain actions before flight to insure the safety of flight. As FAA approved rotorcraft flight 

manuals will not be provided for the aircraft an exemption will be needed. The PIC will take all 

actions as stated in the FOM in Section 4 under Normal Procedures including but not limited to 

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

performance data before initiation of flight.

14 C.F.R. §91.109: Flight Instruction. Section 91.103 provides that 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. UAS and remotely piloted aircraft, by their design

do not have fully functional dual controls. Flight control is accomplished through the use of a

control box that communicates with the aircraft via radio communications. the FAA has 

approved exemptions for flight training without fully functional dual controls for a number of 

aircraft and for flight instruction in experimental aircraft. The equivalent level of safety is 

provided by the fact that neither a pilot nor passengers will be carried in the aircraft and by the 

size and speed of the aircraft.

14 C.F.R. §91.119: Minimum Safe Altitudes. Section 91.119 establishes safe altitudes for

operation of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the

minimums prescribed, provided the person operating the helicopter complies with any route or

altitudes prescribed for helicopters by the FAA. As this exemption is for a UAS that is a 

helicopter and the exemption requests authority to operate at altitudes up to 400 AGL, or not 

more than 200 above an elevated platform from which filming is planned, an exemption may be 

needed to allow such operations. As set forth herein, the UAS will never operate at higher than 

400 AGL with the exception that in circumstances where the UAS is used to survey or 

photograph a structure whose height exceeds 400 feet AGL, the UAS will not be operated more 

than 200 feet above the highest point on the structure. It will however be operated in a 

restricted area with 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 the property owner or local officials. Because of 

the advance notice to the property owner and participants in the filming activity, all affected

individuals will be aware of the planned flight operations. Compared to flight operations with

aircraft or rotorcraft weighting far more than the maximum SSibs proposed herein and the lack 

of flammable fuel, any risk associated with these operations is far less than those presently

presented with conventional aircraft operating at or below 500 AGL. In addition, the low altitude

operations of the UAS will ensure separation between these UAS operations and the operations 

of conventional aircraft that must comply with Section 91.119. 14 C.F.R. §91.121

Altimeter Settings. This regulation 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 the UAS may not 

have a barometric altimeter, but instead a GPS altitude read out, an U.S. exemption may be 

needed. An equivalent level of safety will be achieved by the operator, pursuant to the safety 

check list and live flight data monitoring, 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; or (2) At night, to fly after that for at least 45 minutes." The applicant believes that an 

exemption from 14 CFR §91.151(a) falls within the scope of prior exemptions. Operating the 

UAS in a tightly controlled area where only people and property owners or official

representatives who have signed waivers will be allowed does not engender the type of risks 

that Section 91.151(a) was intended to alleviate given the size and speed of the small UAS. The

applicant believes that an equivalent level of safety can be achieved by limiting flights to 30

minutes or 25% of battery power- whichever happens first. This restriction would be more than

adequate to return the UAS to its planned landing zone from anywhere in its limited operating

area.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration The regulation

provides in pertinent part: (a) Except as provided in§ 91.715, no person may operate a civil

aircraft unless it has within it the following: (1) An appropriate and current airworthiness 

certificate. . . . (b) No person may operate a civil aircraft unless the airworthiness certificate 

required by paragraph (a) of this section or a special flight authorization issued under §91.715 is 

displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. The UAS 

fully loaded weighs well under the proposed 551b limit and is operated without an onboard 

pilot. As such, there is no ability or place to carry certification and registration documents or to 

display them on the UAS. An equivalent level of safety will be achieved by keeping these 

documents at the ground control point where the pilot flying the UAS will have immediate 

access to them, to the extent they are applicable to the UAS.

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 the applicant. Maintenance will be accomplished by the operator 

pursuant to the flight manual and operating handbook. An equivalent level of safety will be 

achieved because the UAS is very limited in size and will carry a small payload and operate only 

in restricted areas for a limited period of time. 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 initiating flight, perform required maintenance, and 

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

with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the 

equivalent level of safety. An equivalent level of safety will be achieved because maintenance 

and inspections will be performed in accordance with the UAS Manufacturer's User Manual. As 

provided in the FOM, and a link on last page, the operator will ensure that the UAS is in working 

order prior to initiating flight and perform required maintenance needed.

Additional Information.
The applicant Shawn Engel believes this exemption request and associated safety considerations 

adequately satisfy criteria provided in Section 333 of the Reform Act of 2012, providing 

sufficient justification for the granting of commercial operations of the applicant's UAS’s.

The applicant, Shawn Engel requests your respective approval of this Section 333 exemption 

petition request because it will provide the following benefits, all of which are critical to the 

general public:

1. Aerial photography and/or video for public and/or private use including commercial, 

non-profit, real estate, architecture, land surveying, engineering, special events, and 

other related professional activities. 

2. Aerial inspection/photography of residential/commercial structures under contract 

with the owners or local government authority. 

3. Aerial video/photography for agriculture activities. 

Thank you for your attention in this matter. Please notify Shawn Engel of your actions, and or 

approvals. 

Shawn Engel

12612 69th Ave N

Maple Grove, MN 55369

shawn@videoproductionmn.com

Manual Link:

https://3drobotics.com/wp-content/uploads/2015/11/v8_11_20_15.pdf

http://dl.djicdn.com/downloads/phantom_2/en/PHANTOM2_User_Manual_v1.4_en.pdf

http://download.djiinnovations.com/downloads/phantom_3/en/Phantom_3_Professional_User

_Manual_v1.0_en.pdf

https://dl.djicdn.com/downloads/inspire_1/en/Inspire_1_User_Manual_en_v2.0_1218.pdf