November 13, 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation

Regulations from 14 C.F.R. 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; 91.119; 91.121; 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:

I am submitting my petition for exemption for unmanned aircraft systems operations pursuant to 

Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act)

and 14 C.F.R. Part 11. I am a licensed private pilot / current 3rd class medical, meteorologist, freelance 

photographer, photojournalist and operator of a Small Unmanned Aircraft System ("sUAS"). I am 

making a request for waiver of the sections listed above in an effort to operate my unmanned aircraft 

systems commercially in order to conduct the following operations:

● Media/News gathering

● Weather Related Events

● Real Estate Video & Photography

● Marketing/Advertising

● Commercial and Film Production

● Special Events

● Agriculture

● Legal and Insurance industries

● Construction sites/projects

● Search & Rescue

As detailed in this document, the requested exemption would permit the operation of sUAS

under controlled conditions in airspace that is limited, predetermined, controlled access and

would provide safety enhancements to the safety procedures followed by me at each one of

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

Transportation's responsibilities as outlined in Section 333 (c) of the Reform Act.

Petitioner:

Shane Butler

PH: 334-306-6167

Email: shane4cast@yahoo.com

Address: 3167 Malone Drive, Montgomery, AL 36106
Regulations from which the exemption is requested:

14C.F.R.Part21, 14 C.F.R. 45.23(b), 14C.F.R.61.113(a)&(b), 14C.F.R.91.7(a), 14 C.F.R. 91.9

(b)(2), 14 C.F.R. 91.103, 14 C.F.R. 91.109, 14 C.F.R. 91.119, 14 C.F.R. 91.121,

14C.F.R.91.151(a), 14C.F.R.91.203(a)&(b), 14C.F.R.91.405(a), 14 C.F.R. 407(a)(1),

14C.F.R.409(a)(2), 14C.F.R.417(a)&(b)

sUAS's submitted for exemption of the above safety regulations:

DJI Phantom 2 vision plus

DJI Phantom 3

DJI Inspire 1

STATUTORY AUTHORITY FOR EXEMPTIONS

The Federal Aviation Act expressly grants the FAA authority to issue exemptions. This statutory

authority includes exempting civil aircraft, as the term is defined under §40101 of the Act,

including sUAS's, from the requirement that all civil aircraft must have a current airworthiness

certificate.

The Administrator may grant an exemption from a requirement of a regulation prescribed under

subsection (a) or (b) of this section or any sections 4470244716

of this title if the Administrator finds the exemption in the public interest. 49 U.S.C. §44701(f)

Section 333(b) of the Reform Act assists the Secretary in determining whether sUAS may

operate in the National Airspace System (NAS) without creating a hazard to the user, the public,

or a threat to national security. In making this determination, the Secretary must consider:

• The UAS's size, weight, speed, and operational capability;

• Whether the UAS operates within the visual line of sight of the operator

• Whether the UAS operates outside of highly populated areas and away from close proximity to

airports

Reform Act §333(a). If the Secretary determines that a UAS "may operate safely in the national

airspace system, the Secretary shall establish requirements for the safe operation of such

aircraft in the national airspace system." Id. §333(c).

My sUAS's are quadcopters, weighing 10 pounds or less including

payload. They operate under normal conditions at a speed of no more than 50 knots and have

the capability to hover, and move in the vertical and horizontal plane simultaneously. The

sUAS's will operate only in the pilot's visual line of sight at all times and contained, safe area.

Considering the small size of the sUAS's involved and the restricted and sterile environment

which they will operate, my application falls within the zone of safety Congress envisioned the

FAA, by exemption, allow commercial operations of sUAS's to begin immediately.

In addition to the small size of the sUAS's, the low altitudes and restricted areas in which my

sUAS's will operate, approval of the application presents no national security issue.

PUBLIC INTEREST

This exemption application is expressly submitted to fulfill Congress' goal in passing Section

333(a) through (c) of the Reform Act. This law directs the Secretary of Transportation to

consider whether certain unmanned aircraft systems may operate safely in the NAS before

completion of the rulemaking required under Section 332 of the Reform Act. By granting an

exemption the FAA will fulfill Congress's intent of allowing UAS's to operate with significant

safety precautions in low risk environments.
The use of sUAS's for newsgathering purposes can provide the general public an additional

avenue for getting news quickly and efficiently. In many breaking news situations, it is

imperative to get information to the general public without interfering with the situation efforts on

the ground. UAS's allow media to gather information by providing live video with little

interference. In many instances, media and emergency management work together. UAS's can

provide a live view through video/photography that can be used to assist with search and rescue

during emergencies or natural disasters in which a helicopter or other conventional aircraft may

be a larger safety issue.

In addition to newsgathering and media related uses, sUAS's allow the operator to survey and

gather images/video of worksites, real estate and situations on the ground from a safe vantage.

UAS's can significantly reduce risk associated with each worksite given the sUAS's size and

innate safety features (GPS lock, auto "Go Home," failsafe, etc.).

EQUIVALENT LEVEL OF SAFETY

I propose that the exemption requested herein apply to civil aircraft that

have the characteristics and that operate with the limitations listed herein. These limitations

provide 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:

● The UAS will be less than 55 pounds.

● Flights will be operated within visual line of sight of a pilot.

● Maximum total flight time for each operational flight will be 15 to 20

minutes. The sUAS calculates battery reserve in real time, and will return to its ground station with at 

least 20% 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.

● The flights will occur no closer than a 5 mile radius of the geographic center/Airport

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

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

● Crew for each operation will consist of the sUAS pilot who will keep the sUAS within

his/her visual line of sight at all times. As well as a camera operator focusing on

photo/video composition.

● The sUAS pilot will be trained in flight, operations, and safety procedures via FAA

regulations and the owner's manuals.

● A briefing will be conducted in regard to the planned sUAS operations prior to each day's

production activities. It will be mandatory that all personnel who will be performing duties

within the boundaries of the safety perimeter be present for this briefing.

● All on site personnel will consent to the sUAS flyover on site by waiver, and the operator

will obtain additional verbal or written consent of all persons who will be allowed within

100 feet of the flight operation.

● The pilot will have been trained in operation of sUAS generally and received up to date

information on the particular sUAS to be operated.

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

● 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 sUAS loses communications with the remote controller or loses GPS signal, the

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

location and land autonomously.

● The sUAS will have the capability to abort a flight in case of unpredicted obstacles,

weather, or emergencies.
DESCRIPTION OF SPECIFIC REGULATIONS

14 CFR Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91203(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 me, 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. My small UAS will be operated at low speed in a controlled environment, 

at least five miles from an airport and more than three miles from any city or densely populated area. 

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 helicopter) operating with an airworthiness certificate without

the restrictions and conditions proposed.

The sUAS's to be operated are less than 10 lbs. fully loaded, carries neither a pilot nor

passenger, carries no explosive materials or flammable liquid fuels, and operates exclusively

within a secured area as set out in the Manual. Like other civil aircraft, operations under this

exemption will be tightly controlled and monitored by the operator, pursuant to the Manual's

requirements, and under the requirements and in compliance with local public safety

requirements. 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 ability to carry an external

load no greater than two lbs.

14 C.F.R. 45.23(b): Marking of the Aircraft

This regulation requires certain experimental, provisionally certificated aircraft, or light sport

category aircraft to be marked with letters between 2 inches and 6 inches high "limited,"

"restricted," "light sport," "experimental," or "provisional," near each entrance to a cabin, cockpit,

or pilot station.

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).

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." The FAA has issued the following

exemptions to this regulation: Exemptions Nos. 10700, 8738,10167 and 10167A.

14 CFR 61.113 (a) & (b): Private pilot privileges and limitations: Pilot in command(PIC)

Sections 61.113 (a) & (b) limit private pilots to noncommercial 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 this small UAS. Unlike a conventional aircraft that carries 

the pilot and passengers, the sUAS is remotely controlled with no living thing on board. The area of 

operation is controlled and restricted, and all flights are planned and coordinated in advance as set 

forth in the Manual. The level of safety provided exceeds that provided by a single individual holding a 

commercial pilot’s certificate operating a conventional aircraft. The risks associated with the operation 
of the sUAS are so diminished from the level of risk associated with commercial operations 

contemplated by Part 61 when drafted, that allowing operations of the sUAS as requested with a 

private pilot as the PIC exceeds the present level of safety achieved by 14 C.F.R. §61.113 (a) & (b).).

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 and the requirements contained in the Manual for maintenance and

use of safety checklists prior to each flight, as set forth in Section B and Section G, an

equivalent level of safety will be provided.

14 CFR 91.9 (b)(2): Civil aircraft flight manual, marking, and placard requirements

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. The FAA has issued the following exemptions to this regulation:

Exemption Nos. 8607, 8737, 8738,9299,9299A, 9565,9565B, 10167,10167A, 10602,32827, and

10700.

14 C.F.R. 91.103: Preflight Action

This regulation requires each pilot in command take certain actions before flight to ensure the

safety of flight. An exemption is needed from this requirement as the pilot will take separate

preflight actions, including checking for weather conditions, propeller inspection, checking flight

battery requirements, checking takeoff and landing distances, and all other actions in the

preflight checklist. These actions will provide an equivalent level of safety.

14 C.F.R. 91.109: Flight Instruction

Section 91.109 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. By design, UAS and remotely piloted aircraft 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 equivalent level of safety provided by the fact that neither a pilot nor passengers will be carried in 

the aircraft, the ability to control the UAS via radio signals from the controller, 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 sUAS that is a helicopter and the exemption requests authority to operate at

altitudes up to 400 AGL, an exemption may be needed to allow such operations. As set forth

herein, except for the limited conditions stated in the Manual, the UAS will never operate at

higher than 400 AGL. It will however be operated in a restricted area with security perimeter,

where buildings and people will not be exposed to operations without their preobtained

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 as set forth in the Manual. Compared to flight operations with aircraft or rotorcraft
weighting far more than the maximum 55lbs. 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 the movie industry. In addition, the

low altitude operations of the sUAS will ensure separation between these small UAS

operations and the operations of conventional aircraft that must comply with Section 91.119. The FAA 

has issued the following exemptions to this regulation: Exemption Nos. 8607, 8737,

8738,9299,9299A, 9565,9565B, 10167,10167A, 10602,32827, and 10700.

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 sUAS may not have a barometric altimeter,

but instead a GPS altitude read out, an exemption may be needed. An equivalent level of safety

will be achieved by the operator, pursuant to the Manual and Preflight Checklist, confirming the

altitude readout of the sUAS is set to 0ft (QFE operations) 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 battery powering the sUAS provides approximately 40 minutes of powered flight. To meet

the 30 minute reserve requirement in 14 CFR §91.151, sUAS flights would be limited to

approximately 10 minutes in length. Given the limitations on the UAS’s proposed flight area and

the location of its proposed operations within a predetermined area, a longer time frame for

flight in daylight or night VFR conditions is reasonable.

I believe that an exemption from 14 CFR §91.151(a) falls within the scope of prior

exemptions (11857, 11825, 11204). Operating the small UAS, in a tightly controlled area where

only people and property owners or official representatives who have signed waivers will be

allowed, with less than 30 minutes of reserve fuel, 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.

Additionally, limiting sUAS flights to 10 minutes would greatly reduce the utility for which the

exemption will be granted.

I believe 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 sUAS to its planned landing zone from anywhere in its limited operating

area.

14 CFR 91.203 (a) & (b): Carrying civil aircraft certification and registration

The regulation provides in 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 no more than 10 lbs and is operated without an on board pilot.

Therefore 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 flight

control point where the pilot flying the UAS will have immediate access to them, to the extent

they are applicable to the UAS. The FAA has issued numerous exemptions to this regulation. A

representative sample of other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A,

9797, 9797A, 9816A, and 10700.

14 CFR 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 sUAS's. Maintenance will be accomplished by the operator

pursuant to the flight manual and operating handbook as referenced in the Manual. An

equivalent level of safety will be achieved because these small UASs are very limited in size

and 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 Manual, 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.

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:

I'm seeking an exemption from the following rules: 14 C.F.R. §21, subpart H; 14 C.F.R

45.23(b);14 C.F.R. §§ 61.113( a) & (b);91.7(a); 91.9 (b) (2);91.103(b);91.109; 91.119; 91.121;

91.15l(a);91.203(a) and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417

(a) & (b) to operate commercially a small unmanned vehicle (55bs or less) in videography &

photography in news, media, marketing, real estate, commercial & film production, special events, 

agriculture, legal & insurance, construction sites, and search & rescue.

Allowing commercial operations of UAS in aerial photography and videography enhance safety

while reducing risk. These lightweight aircraft operate at slow speeds, close to the ground, and

in a sterile environment, as a result, are far safer than conventional operations conducted with

turbine helicopters operating in close proximity to the ground and people.

I do not intend to operate my sUAS's outside the United States.

I hereby respectfully request exemption under Section 333 in order to pursue immediate commercial 

sUAS applications with the intent of providing my customers with a safe, high-quality aerial data 

collection platform on which to meet their needs.

Sincerely,

Shane Butler

Pilot/Meteorologist

334-306-6167

shane4cast@yahoo.com