July 10, 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave.,

SE Washington, DC 20590

RE: Petition of Shirt Happens, LLC for Exemption Pursuant to Section 333 of the

FAA Reform Act

Petitioner’s Name and Address:

Shirt Happens, LLC

Registered Agent & Manager Eric Stillwell

718 S. Florence

Taylorville, IL. 62568

217-824-7400

drumr89@yahoo.com

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, Shirt Happens, LLC, operator of Small Unmanned Aircraft Systems

(“sUASs”) equipped to conduct aerial photography and videography, hereby applies for an

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

of its sUASs, so long as such operations are conducted within and under the conditions outlined

herein or as may be established by the FAA as required by Section 333.1

As described more fully below, the requested exemption would permit the operation of small,

unmanned and relatively inexpensive sUAS under controlled conditions in airspace that is

1) limited 2) predetermined and 3) controlled. The proposed exemption, if granted, would allow

Shirt Happens, LLC to conduct commercial operations of sUASs meeting or exceeding all of the

operational and safety requirements Congress has set forth in Section 333.

Shirt Happens, LLC is a company owned and managed by Eric Stillwell. One of the purposes of 

Shirt Happens, LLC is to provide high quality Video and Photography in order to develop 

commerce in Illinois and its surrounding states. 

Shirt Happens, LLC plans to use the capabilities of sUASs to offer a multitude of services,

including:

 

- Event Photography/Videography

- Agriculture and Livestock monitoring

- Real Estate Photography and Presentation
- Aerial filmmaking and photography

- Construction site inspections and monitoring

- Resort Promotions Videography and Photography

- Car Dealership Promotions Videography and Photography

- Corporate Business Promotions Videography and Photography

- Search and Rescue when needed

Statutory Authority Section 333, titled “Special Rules for Certain Unmanned Aircraft Systems”,

provides a mechanism for seeking expedited FAA authorization of safe civil Unmanned Aircraft

Systems (UAS) operations in the National Airspace System (“NAS”). Section 333(a) states that

the FAA “shall determine if certain unmanned aircraft systems may operate safely in the

national airspace system before completion of the (comprehensive) plan and rulemaking

required by section 332(b)(1) of this Act or the guidance required by section 334 of this Act.” In

Section 332(b)(1), Congress made it clear that Section 333 provides a mechanism for “expedited

operation authorization” if several factors are met. Petitioner meets all requirements to permit

FAA approval of commercial UAS operations.

The name and address of the applicant are:

Name: Shirt Happens, LLC

Registered Agent & Manager, Eric Stillwell

Address: 718 S. Florence

 Taylorville, IL. 62568

Phone #: 217-824-7400

Fax #: 217-824-7401

drumr89@yahoo.com

About Mr. Stillwell

Mr. Stillwell is 44 years old and has over 10 years in Remote Controlled (“RC”) aircraft 

experience in both fixed wing and rotary aircraft. This experience includes building, testing and 

flying a variety of RC aircraft.

In reference to Mr. Stillwell’s Character he has never been arrested or convicted of a crime 

more serious than a traffic violation. Mr. Stillwell currently Pastors Lighthouse Apostolic Church 

and has since 2005. He is a respected member of his community and successfully owns and 

operates several businesses, with his wife Jennifer, including a limousine business, a disc jockey 

business, a marketing company, a taxi company with branches in seven different towns as well 

as a tshirt business with a photography and videography division. Mr. Stillwell performed as a 

drummer in the Taylorville Municipal Band for 22 years and volunteered as a minister at the 

Taylorville Correctional Center where Mr. Stillwell had to successfully complete a thorough back 

ground check. Mr. Stillwell is married to his high school sweetheart, Jennifer, and they recently 

celebrated their 21st wedding anniversary.
Regulations from which the exemption is requested:

14 C.F.R. Part 21

14 C.F.R. 45.23 (b)

14 C.F.R 45.29

14 C.F.R. 61.3

14 C.F.R 61.23

14 C.F.R. 61.113(a) and (b)

14 C.F.R. 61.133(a)

14 C.F.R. 91.7 (a)

14 C.F.R. 91.9 (b)(2)

14 C.F.R. 91.109

14 C.F.R. 91.119

14 C.F.R. 91.121Page 3

14 C.F.R. 91.151(a)

14 C.F.R. 91.203 (a) & (b)

14 C.F.R. 91.205 (b)

14 C.F.R. 91.215

14 C.F.R. (91.401 - 91.417)

sUASs are oftentimes seen as superior to helicopters due to the lesser cost of equipment, the

reduction of personnel needed to operate equipment, reduced noise levels and zero emissions

into the environment. In addition to providing cost savings and having little to no impact on the

environment, sUASs provide enhanced safety. These factors are beneficial for, and in the best

interest of, the public. Accordingly, the applicant respectfully requests that the FAA grant the

requested exemption without delay.

Petitioner is requesting an exemption to enable Shirt Happens, LLC to operate a DJI Phantom 

Vision and a DJI Phantom Vision Plus sUAS that are both unmodified and preset to standard 

safe factory Specifications. The sUAS both have built-in capability to limit 1) the height it flies 

above the ground and 2) the radius of the distance it flies from the operator. The DJI Phantoms

also has the failsafe function of the autopilot system, which means, when the communication 

between the Main Controller and the transmitter is disconnected, the outputs of all command 

sticks from controller will go to the center position. If the GPS signal is good enough, the system 

will automatically trigger Return to Home and will land safely. Petitioner would also like to 

request an exemption for any new DJI sUASs that are purchased in new condition in the future 

in order to replace or add to the companies sUASs.

A pre-flight inspection will be performed by the PIC in accordance with the factory instruction

manual, as well as redundant checks to include the Internal Measurement Unit (IMU) to make

sure that the compass, gyro and acceleration values are within specs, positive GPS locks are

secure, battery health in each individual LiPo cells are balanced, and radio signals are locked in.

The sUAS will be maintained in accordance with the manufacturer’s instruction manual and
only manufacturer's authorized replacement parts will be used.

FCC Information

The DJI Phantoms transmitters used for controlling the sUAS complies with part 15 of the FCC

rules. Operation is subject to the following two conditions: (1) This device may not cause

harmful interference, and (2) this device must accept any interference received, including

interference that may cause undesired operation.

The DJI Phantoms radio transmitter used for controlling the sUAS is wireless technology which

has been tested and found to be compliant with the applicable regulations governing a radio

transmitter in the 2.400GHz to 2.4835GHz frequency range.

Antenna Separation Distance

When operating the DJI Phantoms transmitter, the PIC will maintain a separation distance of at

least 5 cm between his body (excluding fingers, hands, wrists, ankles and feet) and the antenna

to meet RF exposure safety requirements as determined by FCC regulations.

Pilot in Command and Observer Qualifications and Duties

The PIC will maintain a current State issued drivers license, plus at least 2 hours flying time and 

3 takeoffs and landings within 30 days in the type of UAS utilized in operations.

The PIC will have at least 100 hours total time and at least 30 hours flying Radio Controlled

Model Aircraft, of which, 10 hours will be flying sUASs.

The PIC is responsible for the safe and efficient operation of the aircraft. Specific duties include

all preflight preparation and inspection, in flight operation, post flight requirements, and all

procedures including but not limited to:

Safe in flight operations

Risk evaluation

Current weather conditions for safe flight

The Observer must have the visual acuity to observe the sUAS and be able to communicate

clearly with the PIC. The Observers duties are:

Warning the PIC of any impending obstacles in the flight path of the sUAS.

Warning the PIC of any deviations in the planned flight path of the sUAS.

Warning the PIC should any unauthorized personnel appear in the area of the planned

flight.

The Observer will have the authority to order the PIC to terminate the flight should he feel the

flight cannot be conducted safely.
14. CFR §61.23: Medical certificates: Requirement and duration

Regulations provide that a person:

(1) Must hold a first-class medical certificate:

• When exercising the pilot-in-command privileges of an airline transport pilot certificate;

• When exercising the second-in-command privileges of an airline transport pilot certificate in a flag or

supplemental operation in part 121 of this chapter that requires three or more pilots; or

• When serving as a required pilot flight crewmember in an operation conducted under part 121 of this

chapter if the pilot has reached his or her 60th birthday.

(2) Must hold at least a second class medical certificate when exercising:

• Second-in-command privileges of an airline transport pilot certificate in part 121 of this chapter (other

than operations specified in paragraph (a)( 1 )(ii) of this section); or

• Privileges of a commercial pilot certificate

Given the size of the UAV, its structure, the limited flight area, and the safety features integrated in the

autopilot (among others a flight termination system), Eric Stillwell believes that an Equivalent Level of

Safety can be reached if the operator has a valid driver's license.

14 C.F.R. § 45.23 & 14 C.F.R. § 45.29: Display of marks; size of marks

These regulations provide that each aircraft must display "N" and the aircraft's registration number in

letters at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters

at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. Given the size of the UAVs,

this requirement is impossible to match.

14 C.F.R. § 61.3: Requirements for certificates, ratings and authorizations

14 C.F.R. § 61.113(a} & (b); 61.133(a}: Private Pilot Privileges and Limitations; Pilot in 

Command; Commercial Pilot Privileges and Limitations

The regulation provides that no person may serve as a required pilot flight crewmember of a civil

aircraft of the United States, unless that person:

(1) Has a pilot certificate or special purpose pilot authorization issued under this part in that person's

physical possession or readily accessible in the aircraft when exercising the privileges of that pilot

certificate or authorization. However, when the aircraft is operated within a foreign country, a pilot

license issued by that country may be used. The regulation provides also that no person that holds a

private pilot certificate may act as pilot in command of an aircraft for compensation or hire.

Subparagraph (b) allows a private pilot to act as pilot in command of an aircraft in connection with any

business or employment if:

(1) The flight is only incidental to that business or employment;

(2) The aircraft does not carry passengers or property for compensation or hire.

Given the safety features of the UAV, Eric Stillwell proposes that operators of the UAV should not be

required to hold a commercial or private pilot certification. The equivalent level of safety will be

achieved by having an operator trained UAV manufacturer, and using the integrated features of the

aircraft to maintain a high level of safety during the different missions.
General Operating Standards

• Shirt Happens, LLC will only operate its sUAS in line of sight of a pilot and/or observer and

will operate at sites that are a 'sufficient distance' from populated areas. Such operations

will insure that the sUAS will "not create a hazard to users of the national airspace system

or the public."

• Before an operation of a sUAS within 5NM of an airport with a control tower, the control

tower will be called to gain permission to operate the sUAS. The PIC will give the position,

altitude and the times the sUAV will be operated. The sUAS will not be operated at an

altitude of over 200 feet AGL. Weather minimums will be 3 miles visibility and a 1000 foot

ceiling.

Before an operation of a sUAS within 5NM of a non-tower controlled, airport operators

will be notified and the PIC will give the right of way to avoid flying in the proximity of fullscale

aircraft. At no time will the sUAS be operated within the final approach course and

the takeoff course of any runway. The sUAV will not be operated at an altitude of over

200 feet AGL. Weather minimums will be 3 miles visibility and a 1000 foot ceiling.

• Maximum flight time for each operational flight will be 18-20 minutes.

• Flights will be terminated at 30% battery power reserve should that occur prior to the

18-20 minute limit.

• The sUAV will not be operated at an altitude of more than 200 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 sUAS Pilot, and Visual Observer.

• The sUAV operated by the petitioner weighs less than 55 pounds, including the payload

(i.e. camera, lens, and gimbals).

• The sUAS will operate at speeds of no more than 25 knots, can hover, and can

simultaneously move vertically and horizontally.

• Given the small size of the sUAV and the restricted sterile environment within which they

will operate, our sUAV operations adhere to the Reform Act's safety requirements.

The sUAS, powered by batteries, is smaller, lighter and more maneuverable than larger aircraft

running on combustible fuel. The sUAS operates at lower altitudes with no people on board

and will thereby reduce current risk levels, enhance safety and diminish the likelihood of death

or serious bodily injury. With a small payload and maximum flight time of only 25 minutes, this

offers little or no risk to national security.

Low level oblique photos and video from several angles are far more effective than ground

based imagery for displaying the characteristics of large, complex properties with several
buildings and large trees. The benefits of reduced cost and improved quality of presentation

from the sUAS over manned aircraft will be valuable to and benefit many buyers and sellers of

real property, farmers and ranchers, and local city officials if a need for search and rescue 

arises.

Additionally, we request that we be allowed to use our system to benefit first responders

nearby who might require assistance, including fire fighters, police, sheriff, etc., all while

remaining subject to all limitations cited below:

(a) No flight will be made with a Gross weight exceeding 55 pounds;

(b) All operations must occur in FAA Class G airspace at no more than 200 ft AGL, at an airspeed

of no more than 25 knots and no further than 1600 ft, or 0.263 NM from the PIC;

(c) All operations must utilize a visual observer (VO). The VO and PIC must be able to

communicate by voice at all times during a flight operation;

(d) Operations will be restricted to flights over private property with the permission of the

property owner;

(e) All required permits will be obtained from state and local government prior to operation;

(f) Shirt Happens, LLC will not be operated over densely populated areas;

(g) Shirt Happens, LLC will not be operating over any open-air assembly of people;

(h) Shirt Happens, LLC will not be operating over heavily trafficked roads;

(i) Shirt Happens, LLC will not be operating at night.

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY

Shirt Happens, LLC requests an exemption from the following regulations as well as any

additional regulations that may technically apply to the operation of the sUAV System:

14 CFR Part 21, Airworthiness Certificates

This part establishes the procedures for the issuance both airworthiness certificates. While the

FAA continues to work to develop airworthiness standards for Unmanned Aerial Systems, we

request an experimental certificate be issued for the DJI Phantom Visions under either or both 

of the following provisions:

21.191 Experimental certificates. Experimental certificates are issued for the following

purposes:

(a) Research and development. 

Testing new aircraft design concepts, new aircraft equipment,

new aircraft installations, new aircraft operating techniques, or new uses for aircraft.

(b) Showing compliance with regulations. 

Conducting flight tests and other operations to show compliance with the airworthiness 

regulations including flights to show compliance for issuance of type and supplemental type 
certificates, flights to substantiate major design changes, and flights to show compliance with 

the function and reliability requirements of the regulations.

Since the experimental certificate can be used for commercial purposes such as market surveys,

sales demonstrations, and customer crew training, we would expect that an experimental

certificate would permit our commercial purpose as well. The aircraft will not carry persons or

property, will not carry fuel, and will only fly under strict operational requirements. Combined

with the UAS's light weight, being constructed primarily of carbon fiber and plastic, we propose

that the UAS will be at least as safe, if not safer, than a conventionally certificated aircraft

performing the same mission. If an experimental airworthiness certificate is not appropriate for

this application, then we request an exemption of 14 CFR Part 21, Subpart H, and the

requirement for an airworthiness certificate in general, citing the equivalent level of safety

outlined in the previous paragraph.

14 CFR 91.7 Prohibits the Operation of an aircraft without an airworthiness 

certificate. 

As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is

inapplicable.

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements.

This regulation provides that no person may operate an aircraft unless a current, approved

flight manual is in the aircraft. We assume that the intent of this requirement is to ensure that

flight manual information is available to the aircrew while operating the aircraft. We request an

exemption to this requirement since the aircraft is not only too small to carry documentation,

the documentation would not be available to the crew during flight operations. 

14 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight 

tests

The regulation states that "No person may operate a civil aircraft that is being used for flight

instruction unless that aircraft has fully functioning dual controls. The DJI Phantom Visions are 

not capable of duel/linked controls so Shirt Happens, LLC will be operating with a single remote

controller.

91.119 Minimum safe altitudes:

General. The regulation states that over sparsely populated areas the aircraft cannot be

operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the typical

mission of the sUAS would be photography or survey of persons, vessels, vehicles or structures

it would be necessary to operate closer than 500 feet to the items listed. Operations will only

be flown over property or persons where permission has been obtained and careful preplanned

flight path has been performed. The aircraft will be operated at a low altitude allowing,
if a power unit fails, an emergency landing without undue hazard to persons or property on the

surface. Therefore we maintain that due to the small size of the UAS, the hazard to persons,

vehicles and structures is minimal compared to manned aircraft, which should be considered in

granting the exemption.

CFR 91.121 Altimeter settings.

The regulation requires that aircraft shall maintain cruising altitudes by reference to an

altimeter setting available within 100 NM of the aircraft. The sUAS will always fly below 200

feet AGL and will not need to maintain cruising altitudes in order to prevent conflict with other

aircraft. An Above Ground Level altimeter measurement above the takeoff point is transmitted

via radio from the sUAS on-board computer to the display screen held by the PIC, providing a

constantly updated AGL readout.

14 CFR 91.151 Fuel requirements for flight in VFR conditions.

The regulation provides that no person may begin a flight in an airplane under day-VFR

conditions unless there is enough fuel to fly to the first point of intended landing and to fly after

that for at least 30 minutes. We feel the intention of this paragraph is to provide an energy

reserve as a safety buffer for delays to landing. The sUAV is battery operated and the maximum

duration of flight from a single battery charge is 25 minutes. Since the aircraft will never fly 

more than 0.263 NM from the point of intended landing, a full battery charge at launch will 

ensure that we meet the reserve energy requirement of this paragraph.

We request an exemption to the word "fuel" and ask for an equivalent interpretation with the

word "energy".

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required.

The regulation provides that an airworthiness certificate, with the registration number assigned

to the aircraft and a registration certificate must be aboard the aircraft. Additionally,

subparagraph (b) provides that the airworthiness certificate be "displayed at the cabin or

cockpit entrance so that it is legible to passengers or crew." At a maximum gross weight of 6.47

pounds, the sUAS is too small to carry documentation, does not have an entrance, and is not

capable of carrying passengers or crew. As no such certificate will be applicable in the form 

contemplated by the FARs, this Regulation is inapplicable.

14 CFR Subpart E (91.401- 91.417)- Maintenance, Preventive Maintenance, 

Alterations

The regulation provides that the operator is primarily responsible for maintaining the aircraft in

an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and

91.409 require that the aircraft be "approved for return to service by a person authorized under

43.7" after maintenance and inspection. It is our intention that the PIC perform maintenance

and inspection of the aircraft and "be authorized to approve the aircraft for return to service."
The PIC will ensure that the aircraft is in an airworthy condition prior to every flight and in

addition conduct detailed inspections after every two hours of flight. Maintenance performed

by the PIC is limited to repairing small cracks, replacing a propeller, checking electrical

connections and updating software and firmware for the on-board computer. All other

maintenance will be performed by the manufacturer or their designated repair facility. The PIC

will document work performed in accordance with 91.417. We feel that due to the size,

construction, and simplicity of the aircraft, the PIC can ensure an equivalent level of safety.

Safety and Benefits of the UAS

Shirt Happens, LLC will be using the UAS in a variety of applications that generally require

expensive full-size manned aircraft to complete. Small, light, unmanned aerial vehicles offer

more efficient and safer benefits over the use of full-sized manned aircraft for aerial

photography, advanced agriculture monitoring, film and still photography, real estate

marketing and aerial videography.

Replacing significantly larger manned aircraft carrying crew and flammable fuel with small UAS

carrying no passengers or crew creates a much greater margin of safety for the pilots and crew.

By granting Shirt Happens, LLC ‘s requested exemptions, the FAA will help drive development of

safe and successful commercial UAS operations and will advance the public knowledge base for

such operations. 

Conclusion

As pointed out in this application, the DJI Phantom Visions which our company would use, 

under authorization by the US DOT-FAA, is a small, light-weight device operated within the line 

of sight of the Pilot-in-Command (PIC), less than 200 feet above the ground and outside 5 miles

from any airport, heliport, seaplane base, spaceport, or other location with aviation activities,

unless the air traffic control authorities (ATC) have been notified and have authorized each

flight within a radius of this distance.