Matthew Stallings

6508 Blackwood Lane

Waxhaw, NC 28173

704-622-1782

Matt565@gmail.com

June 8, 2015

US Department of Transportation, Docket Operations

West Building, Ground Floor, Rm. W12-140

1200 New Jersey Ave, SE

Washington, DC 20590

Re: FAA Exemption Rulemaking Section 333 of the FA Reform Act and Part 11- 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, Matthew Stallings, a certified Private Pilot- Airplane Single Engine Land (Appendix A), am requesting an exemption 

from the Federal Aviation Regulations (“FARs”) listed below and pursuant to the FAA Modernization and Reform Act of 

2012 and the procedures contained within 14 C.F.R. 11 so that I may commercially operate a small ultra lightweight

unmanned aircraft system (“UAS”), specifically the DJI Phantom 3 Professional and DJI Phantom 2 Vision +, quadcopter Unmanned Aircraft or equivalent and ground station-based equipment and crew for the purpose of 

photography/videography of commercial and residential properties.

I have been an FAA-certified Private Pilot since June 28, 2008 and have been a UAS hobbyist for the past 4 years, both 

without incident. I am applying for this exemption to allow me to legally perform aerial photography/videography 

contract work for real estate agencies, private individuals, photography/videography organizations, and any other 

entity that may desire aerial photography/videography. As a Private Pilot, I understand the importance of pre-flight, 

in-flight, and post-flight safety measures to ensure public safety. As a pilot of a UAS, all UAS-pertinent safety and risk 

management measures as specified in the FAA’s Risk Management Handbook shall be complied with.

A grant of my exemption request by the FAA would permit operation of the above-specified UAS in predetermined 

areas away from the general public, airports, heliports, and vehicular traffic; primarily over individual 

properties/communities for the purpose of recording real-estate listings. All flights shall be logged and recorded to 

minimally include the date and time of flight, name of pilot (PIC) and Visual Observer (VO), address or location of the 

flight, duration of flight, weather conditions, and “flight notes” to include the maximum altitude and speed along with 

signatures of the PIC and VO. A copy of the images shall also be retained for a minimum of 12 months from the date of

flight.

In summary and in accordance with this request of exemption as authorized and outlined by the FAA under section 

333(c) of the Reform Act specified for use of UAS’ for “Real Estate” purposes, I Matthew Stallings will adhere to all FAA 

regulations at all times and shall conduct all flight operations in strict compliance and safety protocols as mandated 

and required by regulations and best practices. I request the grant of exemption to operate the above-specified UAS 

for commercial purposes as described in this request and as allowable by law. This grant of exemption will allow me to 

offer my services to real estate agencies, private individuals, and any other organization requiring aerial 

photography/videography who do not have the required knowledge, experience, or certifications to operate a UAS 

safely and in compliance with FAA regulations. The essence of this application is that I, Matthew Stallings, meet and 

exceed the FAA’s expected competency for piloting my UAS for commercial purposes and that my UAS meets and 

exceeds the safety requirements set forth by the Secretary of Transportation therby prompting my request for COA 

under section 333.
Matthew Stallings

6508 Blackwood Lane

Waxhaw, NC 28173

704-622-1782

Matt565@gmail.com

1. Contact Information:

Matthew Clark Stallings

6508 Blackwood Lane

Waxhaw, NC 28173

704-622-1782

Matt565@gmail.com

2. The specific sections of 14 C.F.R. I seek exemption from 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)

3. The extent and reason of relief I seek:

I, Matthew Clark Stallings, am seeking relief from existing FARs that currently

prohibit my use of UASs from operating commercially for the purpose of aerial 

photography/videography in accordance with the FAA Modernization and Reform

Act of 2012 112 P.L. 95 § 331-334. The Reform Act Subtitle B: Unmanned

Aircraft Systems – (Sec. 332) “Requires the Secretary to develop a plan to

accelerate safely the integration by September 30, 2015, of civil unmanned aircraft

systems (UASes, or drones) into the national airspace system.” Accordingly, I

attest that my personal qualifications as well as my ultra lightweight UAS meets the

definition of such approved drones (UAS) as defined in Section 331 and allows for

exemption status consideration. Further, I humbly request that I be allowed to

commercially operate my UAS during the time period the FAA is further

establishing rules and regulations governing the operations of such craft.

The Secretary of Transportation has been asked by Congress to, among other

things, consider whether certain unmanned aircraft systems may operate safely in

the national airspace system before completion of the rulemaking required under

Section 332 of the Reform Act. In making this determination, the Secretary is

required to determine which types of UASs do not create a hazard to users of the

National Airspace System or the public or pose a threat to national security in light

of the following:

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

• Operation of the UAS in close proximity to airports and populated areas;
Matthew Stallings

6508 Blackwood Lane

Waxhaw, NC 28173

704-622-1782

Matt565@gmail.com

and

• Operation of the UAS within visual line of sight (VLOS) of the Pilot and

VO

Accordingly, all flights will be conducted by a PIC and a VO in accordance with

FAA Policy N 8900.227 Section 14 “Operational Requirements for UASs” and with

the following restrictions:

a. All aircraft will be made with a UA Gross weight of less than 55 pounds

(my exemption request is for an aircraft less than 5 lbs.)

b. All flights will occur only during daylight hours.

c. All flights will occur at or below 400 feet AGL

d. 5 nautical miles from an airport having an operational control tower; or

e. 3 NM from an airport with a published instrument flight procedure, but

not an operational tower; or

f. 2 NM from an airport without a published instrument flight procedure or

an operation tower; or

g. 2 NM from a heliport with a published instrument flight procedure.

h. For safety, no flight with winds over 10 mph.

i. Flight only in GPS mode that allows UAS to hover in place when radio

controls are released. All operations to be conducted in GPS mode only

4. How my request will benefit the public as a whole:

Aerial photography is a critical component of marketing commercially available property. With today’s hightech internet market and ever-demanding consumer, it is more important than ever for realtors to stay ahead 

of the curve by utilizing any and all available technology to grab the attention of the consumer. The use of 

UAS for these photography/videography services is much safer and more cost-efficient than attempting to 

capture these photos/videos via use of manned aircraft. Further, there are not enough certified UAS pilots to 

cover the demand for these photos/videos, which ultimately results in untrained/unqualified operators and 

increased risk due to lack of safety knowledge.

5. Reasons why the exemption would not adversely affect safety; or how the exemption would provide a 

level for safety at least equal to the existing rule:

An exemption would not adversely affect safety because this application applies only to aircraft characteristics 

and applications within FAA specified limitations. These limitations provide for at least an equivalent safety 

standard. However, my experience as a certified Private Pilot allows me to utilize my experience in UAS 

operations thereby exceeding safety and improving airspace operations by allowing aerial imaging clients to 

choose an experienced pilot that has the knowledge and skills necessary to pilot an aircraft safely and within 

regulated limits. In addition, by providing unmanned services to the market place, there will be less of a 

demand for manned operations, which will provide for safer and quieter residential photography.
Matthew Stallings

6508 Blackwood Lane

Waxhaw, NC 28173

704-622-1782

Matt565@gmail.com

As previously stated, all flights will be conducted by a PIC and VO in accordance with FAA Policy N 8900.227 

Section 14 “Operational Requirements for UASs” and with the following restrictions:

a. All aircraft will be made with a UA gross weight of less than 55 pounds

b. All flights will occur only during daylight hours

c. All flights will occur at or below 400 feet AGL

d. 5 nautical miles from an airport having an operational tower; or

e. 3 nautical miles from an airport with a published instrument flight procedure, but not an operational 

tower; or

f. 2 nautical miles from an airport without a published instrument flight procedure or operational tower; or

g. 2 nautical miles from a heliport with a published instrument flight procedure.

h. Maximum total flight time for each operational flight will be 20 minutes. Flights will be terminated at 25% 

battery power reserve should that occur prior to the 20 minute limit

i. Extensive, pre-flight briefings are required between the PIC and VO

j. A flight plan is required prior to each flight

k. All aircraft operations must be conducted within manufacturer recommended specifications

l. All site permissions must be obtained prior to flight

6. A summary that 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 permit 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 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.
Matthew Stallings

6508 Blackwood Lane

Waxhaw, NC 28173

704-622-1782

Matt565@gmail.com

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 such manuals on location with the Pilot. 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 with the

Pilot.

b. 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.

c. C. 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. I, Edward Thomas Zakarian, can achieve an

equivalent level of safety as achieved by current Regulations because my

UAS does not carry any pilots or passengers. Further, I do possess an FAA

pilot certificate, which helps my remote control piloting skills and factors

in my experience in assessing any flight risks. The risks attended to the
Matthew Stallings

6508 Blackwood Lane

Waxhaw, NC 28173

704-622-1782

Matt565@gmail.com

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 to operate my UAS and meet and exceed current safety levels in

relation to 14 C.F.R. §61.113 (a) & (b).

d. D. 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 400 ft

AGL. I will also 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.

e. E. 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 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 permit exemption from Part 21 because my 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.
Matthew Stallings

6508 Blackwood Lane

Waxhaw, NC 28173

704-622-1782

Matt565@gmail.com

7. In Summary:

I, Matthew Clark Stallings, request that the FAA grant my exemption request and further volunteer any 

information gathered during flights in the event the FAA is interested in live field data. I do agree to attest to 

adhere to any further limitations the FAA imposes, now or in the future. Satisfaction of the current criteria 

provided in Section 333 of the Reform Act of 2012- size, weight, speed, operating capabilities, proximity to 

airports and populated areas and operation within visual line of sight and national security- provide more than 

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

commercial purposes. I look forward to support the FAA and UAS community in its quest to establish proper 

regulations and protocols for the safe introduction of unmanned aircraft into the national airspace.

Sincerely,

Matthew Clark Stallings
Matthew Stallings

6508 Blackwood Lane

Waxhaw, NC 28173

704-622-1782

Matt565@gmail.com

Appendix A

Private Pilot License