Stuart Shellenberger

DBA: Aerial Real Estate & Inspection

981 N 22nd Ave

Show Low, AZ 85901

480-818-3191 (mobile)

928-251-0603 (home)

May 18, 2015

U. S. Department of Transportation Docket Management System

1200 New Jersey Ave.,

SE Washington, DC 20590 

Subject: Exemption Request Section 333 of the FAA Reform Act and Part 

11 of the Federal Aviation Regulations from 14 C.F.R. Part 21, 45.27(a), 

45.29 (3) (c)(d)(e)(f)(g)(h), 61.113 (a) & (b), 91.103, 91.119, 91.121, 

91.203, 91.151 

Following the format of FAA Exemption No. 11138 -Regulatory Docket 

No. FAA – 2014 – 0481 I have included: 

1. Supplemental Response for Petition

2. DJI Inspire 1 Quick Start Guide

3. DJI Inspire 1 Safety Guidelines

4. DJI Inspire 1 Users Manual

5. DJI Inspire 1 Maintenance Manual

6. Personal Protocols for Safety & Flight Concerns

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

2012 and 14 C.F.R. Part 11, I, Stuart Shellenberger, a private citizen, 

preparing this exemption request myself, would like to apply for an 

exemption from the following Code of Federal Regulations (C.F.R) to be 

allowed commercial operation of a small Unmanned Aircraft Systems 

(sUAS) for aerial imaging and video of Arizona homes and properties for 

sale and roof inspections.

I have experience in flying hobby quads for recreational purposes during the 

past 1.5 years without incident. I currently own a hobby grade DJI Phantom 

2+ quad-copter (maximum gross weight 3 pounds, equipped with four rotors 
that are driven by electric motors powered by batteries, the sUAS has a 

maximum airspeed of 30 knots). I also currently own a DJI Inspire 1 with 

intent for aerial videography/cinematography and roof inspections to 

augment real estate listing videos and assist in roof inspections. These afore 

mentioned sUAS’ will be put into commercial use following exemption and 

approval by the FAA. 

My exemption request would permit operation of ultra-light weight, 

unmanned (piloted by remote control) in predetermined areas away from 

general public, airports, heliports and vehicular traffic, under 400 ft. and

after carefully reviewing, inspecting and examining the area of aerial 

observation. This would allow for community videos and within property 

boundaries for individual homeowner real estate listing videos/photos.

I will abide all FAA requirements to ensure this exemption will provide a 

level of safety at least equal to existing rules and will only operate in a safe 

environment that is strictly controlled, are away from power lines, elevated 

lights, airports and actively populated areas; and I will conduct extensive 

preflight inspections and protocols, during which safety carries primary 

importance. 

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 CFR § 91.203 

Given the size, weight, speed, and limited operating area associated with the 

aircraft to be utilized, I am asking exemption from 14 C.F.R. part

21,Subpart H(Airworthiness Certificates)and§91.203 (a) and (b) 

(Certifications required),subject to certain conditions and limitations, is 

warranted and meets the requirements for an equivalent level of safety under

14 C.F.R. part 11 and Section 333 of P.L. 112-95 (Section 333). 

14 C.F.R. 45.27(a): Location of marks; non fixed-wing aircraft. 14 C.F.R. 

45.29 (3) (c)(d)(e)(f)(h): Size of Marks 

Furthermore I request an exemption from §45.23 Marking of the aircraft 

because my UAS will not have a cabin, cockpit or pilot station on which to 

mark certain words or phrases. Additionally two -inch lettering is difficult to 

place on such a small aircraft with dimensions smaller than the minimal 

lettering requirement. I understand the need for markings and will mark my 

UAS in the largest possible lettering by placing the word “Experimental” or 

assigned number or name (based on a request or ruling by the FAA ) on its 
fuselage as required by §45.29(f) so that anyone assisting him as a spotter 

will see the markings. 

I also ask for an exemption from §91.405(a),91.407(a)(1), 91.409(a)(2) and 

91.417 (a) and (b) Maintenance inspections may be required and should be 

granted since they only apply to aircraft with an airworthiness certificate. 

But, as a safety precaution I will perform a preflight inspection of my UAS 

before each flight as outlined in his operating documents. 

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

command. 

Under §61.113 (a) and (b) private pilots are limited to non-commercial 

operations, however I can achieve an equivalent level of safety as achieved by 

current regulations because my sUAS does not carry any pilots or passengers. 

While helpful, a pilots’ license will not ensure remote control piloting skills. 

The risks of operating a UAS are far less than the risk levels inherent in the 

commercial activities outlined in 14 C.F.R. part 61, et seq., I requests an 

exemption from §61.113 Private Pilot Privileges and Limitations. A side 

note, I have already explored getting my pilot’s license, at the direction of 

the FAA, I would gladly begin education and eventual licensing. 

Regarding UAS operational training, as stated previously I have 1.5 years’ 

experience flying numerous practice flights in remote areas as a hobbyist 

simulating flights for future commercial use to gain familiarization with the 

characteristics of his UAS’ performance under different temperature and 

weather conditions. I also practice on a computerized simulated flights 

software to maintain adequate skills and response reflex time. 

14 C.F.R. 91.103 (b)(1), (b)(2): Preflight Action 

If granted an exemption I agree to additional safety procedures including, 

but not limited to:

1) Keeping my UAS within a radius distance of 1000 feet from the 

controller to both aid in direct line of sight visual observation.

2) Operate the UAS for 3-7 minutes per flight; land my sUAS according to 

the manufacturer’s recommended minimum level of battery power.

3) Operate my UAS only within visual line of sight (VLOS) during daylight 

hours only.
4) Use the UAS’s global positioning system (GPS) flight safety feature; it 

hovers and then slowly lands if communication with the remote control.

5) Conduct all operations under my own personal and flight safety protocols 

(including posting a warning sign reading: “Attention Aerial Photography in 

Progress –Remain Back 150 feet”).

6) I will operate and will actively analyze flight data and other sources of 

information to constantly update and enhance my safety protocols.

7) Contact respective airports if operations will be within 5 miles to advise 

them of his estimated flight time, flight duration, elevation of flight and 

other pertinent information.

8) Always obtain all necessary permissions prior to operation.

9) Have procedures in place to abort flights in the event of safety breaches or 

potential danger. 

Aerial videography for geographical awareness of real estate marketing has 

been around for a long time through manned fixed winged aircraft and 

helicopters, but for small business owners, its expense has been costprohibitive. Granting this exemption would allow me to provide this service 

at a much lower cost. Further, my small UAS, when used properly, will pose 

no threat to the public given its small size and lack of combustible fuel when 

compared to larger manned aircraft. The operation of his UAS will 

minimize ecological damage and promote economic growth by providing 

information to companies looking to relocate or build in the Louisville 

Kentucky area. 

One final comment, the use of a sUAS has already proven to increase the 

marketability of a home. For example please review the article published 

January 7, 2015 in the San Diego source entitled “drone use in real estate 

may increase”, (also added as an attachment). The article cites the FAA’s 

exemption given to Douglas Trudeau, but also describes a record high price 

for an area home that used a drone for aerial photography. “When broker 

Kurt Wannebo added an aerial video to the listing for a Carmel Valley 

house, located on a large corner lot overlooking canyons on two sides, he saw 

Web traffic noticeably increase.”

I understand this may be outside the scope of this request but as a real estate 

agent I think it’s important to point out that the use of any tool that 

increases value to a home or community (by adding visibility to more 
potential buyers) is in the best interest of homeowners nationwide. Selling a 

home faster and for more money because of the use of new technology 

(being safely used and approved by the FAA) will go a long way to ensure 

our economy continues to grow.