July 10, 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 of the 

Federal Aviation Regulations from 14 C.F.R. 45.23(b); 14 C.F.R. 

Part 21; 14 C.F.R. 61.113(a)&(b); 91.7(a); 91.9(b) (2); 91.103(b); 

91.109; 119.121; 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, Matt Shelton am writing pursuant to the FAA Modernization and 

Reform Act of 2012 and the procedures contained within 14 

C.F.R. 11, to request that I, Matt Shelton an owner and operator of 

small unmanned aircraft, be exempted from the Federal Aviation 

Regulations (“FARs”) listed below so that I, Matt Shelton, may 

operate my small ultra light weight unmanned aircraft system 

(“UAS”) commercially in airspace regulated by the Federal 

Aviation Administration (“FAA”). 

As described herein I, Matt Shelton, am an aerial photographer 

within the State of Tennessee; experienced in flying hobby multi 

rotors. I have DJI Phantom 2 UAS with intent for aerial 

videography/cinematography to enhance academic community 

awareness for those individuals and companies unfamiliar with 

the geographical layout of Tennessee area specifically West 

Tennessee, and augment real estate listing videos; following 

exemption and approval by the FAA. 

I have flown small Multi rotors for over 3 years, 
I, Matt Shelton, have personally instilled safety protocols and 

controls to avoid and prevent public hazard, as well as manned 

aircraft hazards/catastrophe. This will act to further safety 

protocols exclusive to lightweight UAS's specific to real estate 

video and photography usage as I, Matt Shelton, record flight data 

and other information gained through permitted flight operations 

to share with the FAA through any required FAA reports to assist 

with future protocol and safety regulation. This data can be logged 

with the DJI Pilot app. 

Granting my, Matt Shelton, request comports with the Secretary of 

Transportation’s (FAA Administrator’s) responsibilities and 

authority to not only integrate UAS's into the national airspace 

system, but to “...establish requirements for the safe operation of 

such aircraft systems [UAS's] in the national airspace system” 

under Section 333(c) of the Reform Act specific to the use of 

UAS's for real estate/Realtor purposes. Further I, Matt Shelton, 

will conduct my operations in compliance with the protocols 

described herein or as otherwise established by the FAA. 

For the reasons stated below I, Matt Shelton, respectfully request 

the grant of an exemption allowing me to operate ultra light 

weight, remote controlled UAS’s for academic community 

awareness to benefit/stimulate attraction to the West Tennessee 

area and to enhance real estate listing videos for homeowners 

who cannot afford expensive manned aircraft for the same 

purpose. Both of which will promote local economic growth 

through increased employment and increased tax base. Both with 

public safety in mind by keeping heavier manned aircraft 

containing combustible fuel that that poses potential public 

hazard. 
I. Contact Information: 

Matt Shelton 

91 Stonebridge Suite 102 

Jackson, TN 38305 

Office: (731) 668-1225

Email: matt@landofficerealtors.com 

II. The Specific Sections of Title 14 of the Code of Federal 

Regulations From Which Matt Shelton Requests Exemption 

are: 

14 CFR 21;

14 C.F.R. 45.23(b);

14 CFR 61.113 (a) & (b); 14 C.F.R. 91, et seq.;

14 CFR 407 (a) (1);

14 CFR 409 (a) (2); and, 14 CFR 417 (a) & (b). 

III. The Extent of relief Matt Shelton seeks and the Reason He 

Seeks Such Relief: 

I, Matt Shelton, submit this application in accordance with the 

Reform Act, 112 P.L. 95 §§ 331- 334, seeking relief from any 

currently applicable FARs operating to prevent me, Matt Shelton, 

contemplated commercial cinematic, academic and other flight 

operations within the national airspace system. The Reform Act in 

Section 332 provides for such integration of civil unmanned 

aircraft systems into our national airspace system as it is in the 

public’s interest to do so. My, Matt Shelton, ultra light weight UAS 

meets the definition of “small unmanned aircraft” as defined in 

Section 331 and therefore the integration of my ultra light weight 

UAS is expressly contemplated by the Reform Act. I would like to 

operate my ultra light weight UAS prior to the time period by 

which the Reform Act requires the FAA to promulgate rules 

governing such craft. Thereby, providing direct experience and 
valuable information for formal regulation that can be 

administered uniformly to all real estate related UAS aerial video 

and photography. The Reform Act guides the Secretary in 

determining the types of UAS's that may operate safely in our 

national airspace system. Considerations include: The weight, 

size, speed and overall capabilities of the UAS's; Whether the 

UAS will be operated near airports or heavily populated areas; 

and, Whether the UAS will be operated by line of sight. 112 P.L. 

95 § 333 (a). Each of these items reflect in favor of an exemption 

for me, Matt Shelton. My UAS utilizes four (4) counter-rotating 

propellers for balance, control and stability. My UAS is equipped 

with GPS and auto return safety technology. Weighing less than 

five (5) pounds (far below the maximum 55 pound limit); including 

camera with gimbal. 

I, Matt Shelton, consider safety as foremost with each flight. My 

small unmanned aircraft is designed to hover in place via GPS 

and operate in less than a 24 knot (15 mph) wind. For safety, 

stability and fear of financial loss I will not fly in winds exceeding 

16 kph (10 mph). Built in safety systems include a GPS mode that 

allows my UAS to hover in place when radio controls are 

released. With three modes to choose from, I utilize the Smart 

Mode for aerial videography/photography. This is the safest, most 

reliable and stable mode to prevent accident and hazard. When 

pilot communication is lost UAS is designed slowly descend to 

point of take off. I do not operate my UAS near airports, Hospitals 

nor Police heliports, and do not operate near areas where general 

public is within fifty to one hundred (50-100) yards depending on 

location, conditions and weather. I am constantly on alert for any 

manned aircraft (Police/Medical helicopters, etc.) and prepared to 

land/abort immediately to the nearest and safest ground point 

should a manned aircraft approach my location or I suspect 

manned aircraft may approach near my location. My UAS is 

capable of vertical and horizontal operations, and are flown only 

within my line of sight of me, as the remote control pilot. Utilizing 

battery power rather than combustible fuels, flights generally last 
between three (3) to seven (7) minutes, with an altitude under one 

hundred fifty (150) feet. I, Matt Shelton, utilize a fresh fully 

charged battery with each flight as a safety precaution; full flight 

time limit for each battery is nine (9) to twelve (12) minutes as 

tested. I do not operate my UAS at or below manufacture 

recommend minimum charge levels for operation; preferring to 

remain well within a safe operating range to insure adequate 

communication between radio control and UAS to eliminate 

potential for crash, loss of control or hazard. Reserve batteries 

are at hand with each exercise to insure replacement for sufficient 

safe level of operation. I do not believe in taking risk that may 

cause a crash, that could create hazard to the public/property/

manned aircraft, and have no desire to lose an investment. I have 

clocked numerous practice flights in remote areas as a hobbyist 

simulating flights for future commercial use to gain familiarization 

with the characteristics of this specific UAS's performance under 

different temperature and weather conditions. I also practice 

computerized simulated flights to maintain adequate skills and 

response reflex time. All for the sake of safety. 

I, Matt Shelton, am extremely cautious when operating of my 

UAS/ultra light weight unmanned aircraft and will not “create a 

hazard to users of the national airspace system or the public.” 112 

P.L. 95 § 333 (b). Given the small size and weight of my UAS it 

falls well within Congress’s contemplated safety zone when it 

promulgated the Reform Act and the corresponding directive to 

integrate UAS's into the national airspace system. Matt Shelton 

UAS, used in hobby flight, has a demonstrable safety record and 

does not pose any threat to the general public or national security. 

IV. How Matt Shelton Request Will Benefit the Public As A 

Whole: 

Aerial videography for geographical awareness and for real estate 

marketing has been around for a long time through manned fixed 

wing aircraft and helicopters. For small budget real estate 

companies and average homeowners the expense of such aerial 
videography is cost prohibitive. Only large companies and high 

end Realtors or luxury homeowners can afford to absorb such 

expense. Depriving non-luxury homeowners and lower budget 

Realtors from a valuable marketing tool. Manned aircraft pose a 

threat to the public through potential catastrophic crash that the 

West Tennessee community has experienced in the past with 

medical helicopter crashes within the areas of West Tennessee. 

Each resulting in loss of life. Each with combustible fuel that 

exploded and burned on impact. Police helicopters have made 

emergency hard landings within city limits. My, Matt Shelton, UAS 

pose no such threat since size and lack of combustible fuel 

alleviates any potential threat to the public. 

Congress has already proclaimed that it is in the public’s interest 

to integrate commercially flown UAS's into the national airspace 

system, hence the passing of the Reform Act. Granting my, Matt 

Shelton, exemption request furthers the public interest through 

academic/visual awareness of the geographical benefits in and 

around the West Tennessee area. My ultra light weight UAS is 

battery powered and creates no emissions that can harm the 

environment. The consequence of my ultra light weight UAS 

crashing is far less than a full size helicopter or fixed wing aircraft; 

which are heavy, contain combustible fuel and can cause 

catastrophic devastation to the public.

The public’s interest is furthered by minimizing ecological and 

crash threat by permitting aerial video/photo capture through my 

battery operated ultra light weight UAS's. Permitting me, Matt 

Shelton, to immediately fly within national air space furthers 

economic growth. Granting my exemption request substantially 

furthers the economic impact for the West Tennessee community 

for companies looking to relocate or build in the area as well as 

individuals looking to relocate for career advancement through 

academic and geographical awareness. Both of which serve as a 

stimulus to the community. 
V. Reasons Why Matt Shelton Exemption Will Not Adversely 

Affect Safety Or How The Exemption Will Provide a Level of 

Safety At Least Equal To Existing Rule: 

My, Matt Shelton, exemption will not adversely affect safety. Quite 

the contrary, for the reasons stated permitting me, Matt Shelton, 

to log more flight time in FAA controlled airspace, with 

communication with the FAA, will allow me to contribute to the 

innovation and implementation of new and novel, as of yet 

undiscovered safety protocols for Realtors that can be embraced 

by the National Association of Realtors, and Tennessee 

Association of Realtors for development in cooperation with the 

FAA. In addition I, Matt Shelton, submit the following 

representations of enhancements to current aerial videography 

and photography for real estate: 

• My UAS weighs less than 5 pounds complete with a small ultra 

light weight high quality 

 • I only operate my UAS below 200 feet (well within the 400 

foot permissible ceiling set by the FAA Modernization and 

Reform Act of 2012); 

 • My UAS only operate for 5-10 minutes per flight; I land my 

UAS prior to manufacturer recommended minimum level of 

battery power; 

 • I pilot my UAS through remote control only by line of sight; 

 • My UAS has GPS a flight safety feature whereby it hovers 

and then slowly lands if 

communication with the remote control pilot is lost; 
 • I actively analyze flight data and other sources of information 

to constantly update and 

enhance safety protocols; 

 • I only operate in reasonably safe environment that are 

strictly controlled, are away from 

power lines, elevated lights, airports and actively populated 

areas; 

 • I conduct extensive pre-flight inspections and protocol, 

during which safety carries 

primary importance; 

 • I always obtains all necessary permissions prior to operation; 

and, 

 • I have procedures in place to abort flights in the event of 

safety breaches or potential 

danger. 

My, Matt Shelton, safety protocols provide a level of safety 

equal to or exceeding existing rules. It is important to note 

that absent the integration of commercial UAS into our 

national airspace system, helicopters are the primary means 

of aerial video and photography for community awareness 

and real estate. While the safety record of such helicopters 

is remarkably astounding, there has been local incident 

involving loss of life as well as extensive property damage; it 

is far safer to operate a battery powered ultra light weight 

UAS. 

 • First, the potential loss of life is diminished because 

UAS's carry no people on board and I only operate my 
UAS in specific areas away from mass populations. 

 • Second, there is no fuel on board a UAS and thus the 

potential for fire or explosions is greatly diminished. 

 • Third, the small size and extreme maneuverability of my 

UAS allow me to remotely pilot away from and avoid 

hazards quickly and safely. 

 • Lastly, given its small size and weight, even when close 

enough to capture amazing images, my UAS need not 

be so close to the objects they are focused on through 

the technology and use of post editing software 

allowing pan and zoom. 

Accordingly, my UAS has been experimentally operated 

for familiarization/competency and will continue to 

operate at and above current safety levels. 

VI. A Summary The FAA May Publish in the Federal 

Register: 

14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness 

Certificates, Manuals and The Like. 

14 C.F.R. 21, Subpart H, entitled Airworthiness 

Certificates, sets forth requirements for procurement of 

necessary airworthiness certificates in relation to FAR 

§91.203(a)(1). The size, weight and enclosed 

operational area of my, Matt Shelton, UAS permits 

exemption from Part 21 because my UAS meets (and 

exceeds) an equivalent level of safety pursuant to 

Section 333 of the Reform Act. The FAA is authorized to 

exempt aircraft from the airworthiness certificate 

requirement under both the Act (49 U.S.C. § 44701 (f)) 

and Section 333 of the Reform Act. Both pieces of 

legislation permit the FAA to exempt UAS's from the 
airworthiness certificate requirement in consideration of 

the weight, size, speed, maneuverability and proximity 

to areas 

such as airports and dense populations. My, Matt Shelton, current 

and projected UAS's meet or exceed each of the elements. 

14 C.F.R. 91.7(a) 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 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the 

aircraft. As there are no on board pilots or passengers, and given 

the size of the UAS's, this Regulation is inapplicable. An 

equivalent level of safety will be achieved by maintaining a safety/

flight manual delineating areas of where safety can be defined.10 

The FAA has previously issued exemptions to this regulation in 

Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 

10167, 10167A, 10602, 10700 and 32827. 

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable 

insofar as my UAS utilizes electronic global positioning systems 

with a barometric sensor. 

14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil 

aircraft certifications and registrations. They are inapplicable for 

the same reasons described above. The equivalent level of safety 

will be achieved by maintaining any such required certifications 

and registrations by me, Matt Shelton

14 C.F.R. § 45.23: Marking of The Aircraft. 

Applicable Codes of Federal Regulation require aircraft to be 

marked according to certain specifications. My UAS are, by 

definition, unmanned. They therefore do not have a cabin, cockpit 
or pilot station on which to mark certain words or phrases. 

Further, two-inch lettering is difficult to place on such small aircraft 

with dimensions smaller that minimal lettering requirement. 

Regardless, I will mark its UASs in the largest possible lettering 

by placing the word “EXPERIMENTAL” on its fuselage as required 

by 14 C.F.R. §45.29 (f) so that I the pilot, or anyone assisting me 

as a spotter with the UAV will see the markings. The FAA has 

previously issued exemptions to this regulation through 

Exemptions Nos. 8738, 10167, 10167A and 10700. 

14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC. 

Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited 

to non-commercial operations. Further, while helpful, a pilot 

license will not ensure remote control piloting skills. The risks 

attended to the operation of my UAS is far less than the risk levels 

inherent in the commercial activities outlined in 14 C.F.R. § 61, et 

seq. Thus, allowing me, Matt Shelton, to operate my UAS meet 

and exceed current safety levels in relation to 14 C.F.R. §61.113 

(a) & (b). 

14 C.F.R. 91.119: Minimum Safe Altitudes. 

14 C.F.R. § 91.119 prescribes safe altitudes for the operation of 

civil aircraft. It allows helicopters to be operated at lower altitudes 

in certain conditions. My UAS will never operate at an altitude 

greater than 200 AGL; safely below the standard of 400 AGL. I, 

Matt Shelton, will however operate my UAS in safe areas away 

from public and traffic, providing a level of safety at least 

equivalent to or below those in relation to minimum safe altitudes. 

Given the size, weight, maneuverability and speed of my UAS, an 

equivalent or higher level of safety will be achieved. 

14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): 

Maintenance Inspections. 

The above-cited Regulations require, amongst other things, 

aircraft owners and operators to “have [the] 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. . . .” 

These Regulations only apply to aircraft with an airworthiness 

certificate. They will not, therefore, apply to my, Matt Shelton, 

UAS. However, as a safety precaution I inspect my UAS before 

and after each flight. 

A Summary The FAA May Publish in the Federal Register: A. 14 

C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals 

and The Like. 14 C.F.R. 21, Subpart H, entitled Airworthiness 

Certificates, sets forth requirements for procurement of necessary 

airworthiness certificates in relation to FAR § 91.203(a)(1). The 

size, weight and enclosed operational area of my UAS permits 

exemption from Part 21 because my, Matt Shelton, UAS meets an 

equivalent level of safety pursuant to Section 333 of the Reform 

Act. The FAA is authorized to exempt aircraft from the 

airworthiness certificate requirement under both the Act (49 

U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both 

pieces of legislation permit the FAA to exempt UAS's from the 

airworthiness certificate requirement in consideration of the 

weight, size, speed, maneuverability and proximity to areas such 

as airports and dense populations. My UAS meets or exceeds 

each of the elements. 14 C.F.R. 91.7(a) 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 C.F.R. § 91.9 (b) (2) 

requires an aircraft flight manual in the aircraft. As there are no 

pilots or passengers, and given the size of the UAS's, this 

Regulation is inapplicable. An equivalent level of safety will be 

achieved by maintaining a manual. The FAA has previously 

issued exemptions to this regulation in Exemption Nos. 8607, 

8737, 8738, 9299, 9299A, 9565, 9565B, 10167, maintenance 

program that involves regular software updates and curative 
measures for any damaged hardware. Therefore, an equivalent 

level of safety will be achieved. 

In summary, Matt Shelton seeks an exemption from the 

following Regulations: 

14 C.F.R. 21, subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. §§ 61.113 

(a) & (b); 14 C.F.R. § 91.7 (a); 14 C.F.R. § 91.9 (b)(2); 14 C.F.R. § 

91.103(b); 14 C.F.R. § 91.109; 14 C.F.R. § 91.119; 14 C.F.R. § 

91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. §§ 91.203(a) and (b); 14 

C.F.R. § 91.405 (a); 14 C.F.R. § 91.407 (a)(1); 14 C.F.R. § 91.409 

(a)(2); 14 C.F.R. § 91.409 (a ) (2); and, 14 C.F.R. §§ 91.417 (a) & 

(b) to commercially operate my, Matt Shelton, small unmanned 

vehicle/lightweight unmanned aircraft vehicle in community 

awareness and real estate operations, and to develop economic 

platforms for real estate to enhance the experience of those 

seeking to relocate to the West Tennessee area. Currently, area 

awareness and real estate aerial videography/photography relies 

primarily on the use of larger aircraft running on combustible fuel. 

Posing potential risk to the public. Granting my, Matt Shelton, 

request for exemption will reduce current risk levels and thereby 

enhance safety. My UAS craft do not contain potentially explosive 

fuel, is smaller, lighter and more maneuverable than conventional 

real estate video and photographic aircraft with much less flight 

time. Further, I operate at lower altitudes and in controlled 

airspace eliminating potential public risk flying to and from 

established air fields. 

I, Matt Shelton, have been informally analyzing flight information 

and will compile safety protocols and the implementation of a 

flight operations manual for real estate usage that exceeds 

currently accepted means and methods for safe flight. Formal 
collection of information shared with the FAA will enhance the 

FAA's internal efforts to establish protocols for complying with the 

FAA Modernization and Reform Act of 2012. There are no 

personnel on board my, Matt Shelton, UAS and therefore the 

likelihood of death or serious bodily injury is significantly 

diminished. My, Matt Shelton, operation of my UAS, weighing less 

than 5 pounds and traveling at lower speeds within limited areas 

will provide an equivalent level of safety as that achieved under 

current FARs. Accordingly I, Matt Shelton, respectfully request 

that the FAA grant my exemption request and am willing to 

cooperate in sharing information to benefit the FAA, safety of 

manned aircraft, and the general public at large. 

Respectfully submitted, 

Matt Shelton 

Matt Shelton 

731-467-1086 

91 Stonebridge Suite 102 

Jackson, TN 38305