Matthew	W.	Buchanan

9201	E	Elm	St

Wichita,	KS	67206

January	6,	2016

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).

Dear	Sir	or	Madam:

Pursuant	to	Section	333	of	the	FAA	Modernization	and	Reform	Act	of	2012	(the	“Reform	Act”)	and	14	

CFR	Part	11,	Matthew	W.	Buchanan,	an	operator	of	Small	Unmanned	Aircraft	Systems	(“sUAS”),

specifically	the	Typhoon	Q500	system	manufactured	by	Yuneec	Electric	Aviation, hereby	applies	for	an	

exemption	from	the	listed	Federal	Aviation	Regulations	(“FARs”)	to	allow	commercial	operation	of	his

sUAS,	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.

Commercial	operation	of	sUAS,	as	described	herein,	which	are	equipped	with	cameras	and	sensors,	

would operate	in	the	following	manner:

1. Aerial	photography	and/or	video	for	public	and/or	private	use	including	real	estate,	architecture,

land	surveying,	engineering	and	other	related	professional	activities.

2. Aerial	video	and/or	photography	for	public	and/or	private use	including	television,	public	events,

cinematography	and	news	gathering.

3. Aerial	inspection/photography/videography of	residential/commercial	structures	under	contract	

with	the	owners or	local	government	authority.

4. Aerial	videography/photography	for	corporate	marketing	and	promotional	material

5. The	ability	to	offer	training	to	persons	individually	or	belonging	to	both	private	and/or	public

organizations	that	have	interests	in	the	use	and	application	of	sUAS	for	the	purpose	of	the	safe

operation	of	sUAS.

As	described	fully	below,	the	requested	exemption	would	permit	the	operation	of	sUAS	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’s		and	thus	the	FAA Administrator’s responsibilities	to	“....establish	requirements	for	the	

safe	operation	of	such	aircraft	systems in	the	national	airspace	system.”
The	name	and	address	of	the	applicant	is:

Matthew	W.	Buchanan

9201	E	Elm	St

Wichita,	KS	67206

Phone:	316-371-0649

Email:	matt.buchanan@mac.com

Regulations	from	which	the	exemption	is	requested:

14	CFR	Part	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)	&	(b)

14	CFR	91.405	(a)

14	CFR	91.407	(a)	(1)

14	CFR	91.409	(a)	(2)

14	CFR	91.417	(a)	&	(b)

The sUAS of	intended	use	by	the	applicant are	multi-rotor	craft	weighing	no	more	than	55lbs.	including	

payload.	Under	normal	conditions	they operate	at	speeds	of	no	more	than	50kts	and	have	the	ability	

hover	and	move	along	a	vertical	and	horizontal plane	simultaneously.	They	will	operate	in	Visual	Line	of	

Sight	(VLOS)	of	the	PIC in	VFR	weather	conditions and	will	operate	within	an	area	owned	and/operated	

by	the	property	representative.		Given	the	small	size	of	the	sUAS	and	the	controlled	environment	

provided, the	proposed	operations	will adhere	to	the	Reform	Act’s	safety	requirements.	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	requests	that	the	FAA	grant	the requested	exemption	with	minimum	delay.

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. Flight	operations	will	be	conducted	in	accordance	with	the	FAA	Modernization	and	Reform	Act	

of	2012 with	regard	to	model	aircraft	operations	and	limits.

2. Flights	will	be	operated	within	line	of	sight	of	a	pilot	and/or	observer.
3. Minimum	crew	for	each	operation	will	consist	of	the	sUAS	Pilot,	a Visual	Observer	(VO)	and	may

include	but	not	limited	to	a	Camera	Operator.

4. The	sUAS	pilot	will	be	a	designated	Pilot	in	Command	(PIC)	and	hold	a	Government	issued	photo	

ID	with	appropriate	FAA	registration	to	operate	a	UAS

5. A	briefing	will	be	performed	regarding	the	planned	sUAS	operations	prior	to	each flight	

6. The	PIC	and	VO	will	have	been	trained	in	operation	of	sUAS	and	receive	up-to-date	information	

for the	particular	sUAS	to	be	operated.

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

8. If	the	sUAS	loses	communications	or	loses	GPS	signal,	the	sUAS	will	have	the	capability	to	return	

to	a pre-determined	location	within	a	designated	location	and	land	autonomously.

9. The	sUAS	will	have	the	capability	to	abort	a	flight	in	case	of	unpredicted	obstacles,	weather,	or

emergencies.

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	

sUAS.	In	all	cases,	an analysis	of	these	criteria	demonstrates	that	the	sUAS	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	sUAS	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	sUAS,	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.

Even	though	the	sUAS	will	have	no	airworthiness	certificate,	an	exemption	may	be	needed	as	the	sUAS	

will have	no	entrance	to	the	cabin,	cockpit	or	pilot	station	on	which	the	word	“Experimental”	can	be	

placed. Given	the	size	of	the	sUAS,	two-inch	lettering	will not be	possible.	The	equivalent	level	of	safety	
will	be	provided	by	having	the	sUAS	marked	on	its	fuselage	as	required	by §45.29	(f)	where	the	pilot,	

observer	and	others	working	with	the	sUAS	will	see	the	identification	of	the	sUAS as	“Experimental.”

14	C.F.R.	§	61.113	(a):	Private	Pilot	Privileges	and	Limitations:	Pilot	in	Command.

Pursuant	to	14	CFR	61.113	(a),	no	person	who	holds	a	private	pilot	certificate	may	act	as	a	pilot	in	

command of	an	aircraft	that	is	carrying	passengers	or	property	for	compensation	or	hire.	Our	sUAS	do	

not	carry	any pilots	or	passengers	nor	property	therefore	I	am	seeking	an	exemption	to	14	CFR	

61.113(a).	Although	helpful, a	pilot’s	license	will	not	ensure	remote	control	piloting	skills.	The	risks	

attendant	to	the	operation	of	sUAS	is far	less	than	the risk	levels	inherent	in	the	commercial	activities	

outlined	in	14	CFR	61.	The	operation and	limitations	set	forth	in	the	FOM	will	equate	to	the	safe	

operation	of	the	sUAS.

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	check	lists	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	sUAS,	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	sUAS	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	including	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.	sUAS	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	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.		As	set	forth	herein,	the	sUAS	will	

never	operate	at	higher	than	400	AGL	with	the	exception	that	in circumstances	where	the	sUAS	is	used	

to	survey	or	photograph	a	structure	whose	height	exceeds	400	feet AGL,	the	sUAS	will	not	be	operated	

more	than	100'	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,	speed	of	the	

sUAS	as	well	as	the location	where	it	is	operated.	No	flight	will	be	taken	without	the	permission	of	the	

property	owner	or	local officials or	where the	applicant	does	not	have	sole	authority	to	conduct	the	

flight	on	the	property.	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	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.

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 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	battery	powering	the	sUAS	

provides	approximately	30	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	sUAS’s	proposed	flight	area	and	the	location	of	its	proposed	operations	within	a predetermined	

area,	a	longer	time	frame	for	flight	in	daylight	or	twilight	VFR	conditions	is	reasonable. Applicant	

believes	that	an	exemption	from	14	CFR	§91.151(a) falls	within	the	scope	of	prior	exemptions. 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.	Applicant	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	sUAS	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	sUAS	fully	loaded	weighs	no	more	than	55	lbs.	

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	sUAS. An	equivalent	level	of	safety	will	be	achieved	by	

keeping	these	documents	at	the	ground	control	point	where the	pilot	flying	the	sUAS	will	have	

immediate	access	to	them,	to	the	extent	they	are	applicable	to	the	sUAS. 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	section	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	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	

sUAS	can	land	immediately	and	will	be	operating	from	no	higher	than	400 feet	AGL.	The	operator	will	

ensure	that	the	sUAS	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	sUAS	Manufacturer's	Manual,	as	referenced	in	the	Aircraft	

Operations	Manual	(AOM).	As	provided	in	the	FOM,	the	operator	will	ensure	that	the	sUAS	is	in	working	

order	prior	to	initiating	flight	and perform	required	maintenance	needed.

Additional	Information

The	applicant,	Matthew	W.	Buchanan,	has	been	involved	in	videography,	photography,	and	real	estate	

for	more	than	10	years.	Mr.	Buchanan	is	also	a	private	pilot	and	holds an FAA	Airman	Certificate	with	an	

airplane	single	engine	land	rating.		

Satisfaction	of	the	criteria	provided	in	Section	333	of	the	Reform	Act	of	2012	provide	more	than	

adequate justification	for	the	grant	of	the	requested	exemptions	allowing	the	commercial	operation	of	

the	applicant’s sUAS.		Based	upon	recent	rulings	by	the	FAA	concerning	the	333	exemption	I	would	ask	

that	this	request	be	issued	under	the	summary	grant	process	as	this	application	is	similar	to	many	before	

it.

Sincerely,

Matthew Buchanan