Shinju Aviation, LLC - Petition for Exemption In Accordance with 14 CFR § 11.81

March 5, 2016

Emily W Smith

Shinju Aviation, LLC

94 Ammerman Pike

Cynthiana, KY 41031

(859) 588-8067

emilysmith@shinjuaviation.com

Docket Operations, M-30

U.S. Department of Transportation (DOT)

1200 New Jersey Avenue, SE

Room W12-140 West Building Ground floor

Washington, DC 20590-0001

Re: Request for exemption from multiple regulatory provisions to allow the use of small unmanned 

aerial systems on land controlled by customers of Shinju Aviation, LLC (Shinju) to assist in the safe 

evaluation of infrastructure, large/small scale construction sites, land surveys, real estate videos, 

insurance investigation/confirmation, and any other operations for our clients. 

To Whom It May Concern: 

Shinju Aviation, LLC (Shinju) respectfully requests an exemption from several provisions of Title 14 of the 

Code of Federal Regulations (C.F.R.) to permit the use of small unmanned aerial systems (sUAS) to assist 

in the aerial photography requests for our customers. Accordingly, the grant of an exemption is 

consistent with Congress’ intent, reflected in Section 333 of the FAA Modernization and Reform Act of 

2012 (Modernization Act), 1 that safe systems be permitted in the national airspace prior to the issuance 

of final regulations governing general use of these systems.2 A summary of this request suitable for 

publication in the Federal Register is provided as Appendix A. 

Appendix B provides the manufacturers information regarding the design, aircraft performance, and 

fail-safe features. We have provided manufacturer information related to operating limitations, normal 

and emergency procedures, and maintenance and inspection procedures. As we add aircraft designs, we 

will update this appendix appropriately. 

1 P.L. 112-95, 126 Stat 11, February 14, 2012. 2 Section 333(b) (2) specifically contemplates that the FAA may issue a certificate of waiver upon a 

finding that a type of UAS, as a result of its size, weight, speed, operational capacity, proximity to airports and populated areas, and operations 

within visual line of sight do not create a hazard to users of the NAS or the public or pose a threat to national security.
Background Information

Shinju is in the business of aerial photography. Our basic requests have been (but not limited to):

Construction Site Inspection (both large and small scale)

Manufacturing - Aerial Map of Facility

Real Estate (Reality companies, home owners)

Insurance (Initial Investigation, Damage confirmation)

Agriculture Inspection 

Shinju is requesting FAA Exemption for sUAS operations for basic aerial photography and video capture 

usage. 

Regulatory Basis for Exemption Request 

In addition to the waiver authority provided in §333 of the Modernization Act, the FAA may grant an 

exemption under 49 U.S.C. §44701(f) if it has determined that such an exemption is in the public 

interest. The FAA has imposed a separate requirement in its procedural regulations, providing that the 

petitioner shall explain why granting the exemption would not adversely affect safety or how the 

exemption would provide at least an equivalent level of safety as compliance with the underlying 

regulation. In this case, approval of this exemption would significantly enhancing the safety and 

efficiency of individuals with inspections of buildings, and infrastructure of factories by providing 

images/videos that would normally require an individual to hoist up or climb a ladder. Also as Shinju is 

comprised of only pilots ranging from Private pilot certification up thru and including ATP and ATC, we 

are well versed on the National Airspace system and maintaining the integrity of such.

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

tightly controlled conditions, thus ensuring that operations will not have an adverse impact on safety. 

Granting an Exemption is in the Public Interest. The integrity and safety of the National Airspace is a 

priority with aerial photography being a vital service to many.

Aerial analysis by traditional fixed wing aircraft can be impractical because the required altitudes for 

safe flight reduce visibility below meaningful levels – it is simply not possible to see all asset anomalies 

from such heights. Helicopters present better vantage points; however manned helicopters are much 

more costly, subject to human safety and carry highly explosive jet fuel making them impractical for 

deployment. By using sUAS Shinju will be able to substantially upgrade its capacity from fixed wing to 

sUAS and provide safe, low altitude photography/video services.

Granting an Exemption will not adversely affect Safety

Shinju notes that there is no applicable standard for an equivalency determination. Some have argued 

that the appropriate standard is that for model aircraft, noting that their operations, if conducted for 

recreational purposes, would fall completely within the allowable operations for model aircraft. We 

believe it is difficult to argue that there is sufficient correlation between model operations controlled by 

the Academy of Model Aeronautics and the ones contemplated by Shinju. At the same time, it is clear 

that equivalency cannot be established for traditional, manned civil aircraft because the design and use 
profiles between traditional aircraft and sUAS are simply too different. As such, we believe it makes 

more sense to focus on why the contemplated operations would not adversely affect safety, which is all 

that §11.81(e) requires. 

Granting an exemption will not adversely affect safety. Shinju contemplates conducting sUAS operations 

over client owned or controlled land, solely during daylight hours, at altitudes well below (400 AGL or 

lower) that which would pose a risk to other aircraft. In general, sUAS operations are intended to be 

conducted in areas distant from both congested areas and airports. 

In the event an operation needs to be conducted closer to an airport, Shinju will inform the airport 

operator and airport air traffic control tower of the contemplated operation and will comply with any 

directions issued by air traffic control at that airport. 

Approval of exemptions allowing commercial operations of sUAS's for basic aerial photography will 

enhance safety by reducing risk. A sUAS weighing fewer than 55 lbs. and powered by batteries 

eliminates virtually all of that risk given the reduced mass and lack of combustible fuel carried on board. 

The sUAS is carried to the inspection site. The sUAS will carry no passengers or crew and, therefore, will 

not expose them to the risks associated with manned aircraft flights. 

The operation of small UASs, weighing less than 55 lbs., conducted in the strict conditions outlined 

above, will provide an equivalent level of safety supporting the grant of the exemptions requested 

herein, including 333 Aircraft Exemption Status exempting the applicant from conventional aircraft 

requirements and allowing commercial operations. These lightweight aircraft operate at slow speeds, 

close to the ground, and in a controlled environment and, as a result, are far safer than conventional 

operations conducted with turbine helicopters operating in close proximity to the ground and people. 

Manufacturing Aerial Photography - The safety of those on the ground is protected by the fact that no 

one will be allowed into the area without the permission of the company/customer. Security will be 

established for the flight area as part of the pre-flight control. Each individual within the secure area will 

be briefed prior to flight and will consent to being in the area. All others will be excluded from the area. 

All operations will be within visual line-of-sight (i.e., no more than approximately 0.5 miles from the 

manipulator of the controls, or pilot in command (PIC)). Each PIC will conduct at least three take-offs 

and landings with the sUAS on which he or she is trained every 90 days. PIC’s will establish their 

qualifications thru a combination of aeronautical knowledge, UAS airmanship skills, and verification 

through testing of flight ability before infrastructures operations have commenced. Depending on the 

type of operation, additional ground-based visual observers may be employed as well. These observers 

will be within constant visual line of sight and in constant contact with the PIC. The visual observers will 

assist the PIC in avoiding objects near the sUAS. 

There are no standards for either Private or Commercial sUAS pilot certificates to date, however Shinju 

excels in that our PIC’s for sUAS were/are pilots 1st then, with the advancement of technology, have 

entered the sUAS arena. The safe operation and control of the UAS as described in this application does 

not depend on the type of FAA license held by the PIC but rather understanding of and respect for the 
restricted and controlled airspace within which operations will take place. The key factors needed by the 

PIC are knowledge of the airspace within which the operation will take place, how that airspace fits into 

the National Airspace System (NAS) and lastly the impact an “Out of Control” sUAS can have in the NAS.

We propose that the PIC has at least an FAA LSA (Light Sport) or greater Pilots Certificate and a Class III 

medical; the aircraft be operated within a secure environment; and that no one be allowed to enter the 

secure environment unless they are part of the operation, have been fully briefed of the risks prior to 

operation of the sUAS, and have consented to the risks associated with being in the operating area. 

Should there be a mishap, the sUAS being flown pose significantly less of a threat than the helicopters 

and fixed wing aircraft now being employed because they are a fraction of the size, carry no flammable 

fuel, do not carry crew or passengers, and pose an infinitesimal risk to others. This is in stark contrast to 

conventional aircraft that are flown to the site, carry explosive fuel, carry passengers and crew, and 

operate in a much larger area. 

Minimum requirements for the PIC include:

1) LSA (Light Sport) Airman certificate or greater and a Class III medical; 

Current PIC for Shinju includes:

PIC #1 – 9000+ hours logged, ATP, CFII, MEI, CTO

PIC #2 – 9000+ hours logged, ATP, CFII, MEI

PIC #3 – 200+ hours logged, SEL

All PIC for Shinju hold a current medical as required for their current rating/certification.

2) Review of the DJI Phantom 3 Advanced (or model of aircraft being used) to include (but not limited 

to):

a. Battery use

b. Phantom 3 Advanced (or model of aircraft being used) “Quick Start” brochure with specific 

attention on the “Fly Safe” portion.

c. Cell Phone or I pad with “B4UFLY” app. This app is to be reviewed for the area being 

photographed prior to flight to assure compliance with all FAA restrictions and TFR’s.

Notes Regarding: 14 C.F.R. § 45.23 (b). UAS will be identified by serial number, registered in accordance 

with 14 CFR part 47, and have the Operators (PIC) “Small UAS Certificate of Registration” markings in 

accordance with 14 CFR part 45, Subpart C. Markings will be as large as practicable. 

Notes Regarding: §91.109. Aircraft being considered for use by Shinju allow the UAS Instructor to place 

the aircraft into “Pause” mode (fixed altitude stationary hold), in the event of the PIC losing control. The 

UAS also has a “Return to Home” feature that allows the PIC to bring the aircraft back into control and 

back to the predetermined and/or safe landing location. As such, Shinju does not seek relief from 14 

CFR § 91.109. 
Notes Regarding § 14 CFR 91.119(b) Relief from § 14 CFR 91.119(b), operation over congested areas, is 

not applicable, because the Shinju’s operations will only be conducted within the secured area described 

herein. 

Shiju Safety Operations &Procedures Overview: 

Technology Considerations: 

Best-in-class, (DJI is leader in UAS manufacture) tried and proven technologies that are in advanced 

iterations. Software from highly-reputable industry partners will include features –

1. “Return to Home” - if communication signals were to be severed. If the sUAS loses communications, 

the sUAS will have capability to return to a pre-determined location within the Security Perimeter and 

land. 

2. The DJI Phantom 3 will sound warnings and start to automatically land when the power drops 

below 10 percent.

3. Flights will be terminated at 25% battery power reserve. 

4. Live video for operator gives real-time positioning feedback. In other words, we can monitor the 

scene from the vehicle's perspective for collision avoidance, and to maintain spatial orientation. 

5. Collision avoidance system - called the “Vision Positioning system”, it helps prevent you from 

crashing into the ground. 

6. On-Screen-Display (OSD) contains operating information to ascertain vehicle health at all times: 

speed, altitude, number of GPS satellites (when available), heading and voltage. 

7. Course Lock - locks the aircraft in on a course that corresponds to the current orientation of 

the nose and tail. You can continue to fly forward (or backward) at that trajectory simply by 

pushing the right stick up or down, even if you yaw the aircraft.

8. Home Lock - changes the control so that the Phantom always moves in relation to its takeoff 

point.

9. Point of Interest - maximum speed (around 15mph) – Lets the PIC photograph a radius 

around a certain object.

10. Follow Me - The Phantom will follow the position of the remote control (at an altitude that 

you set), keeping the camera trained on it. 

Mechanical/Physical: 

1. We will fly line-of-sight (LOS) only. The UAS will always remain in direct LOS to the pilot, thus 

eliminating the concern of signal severance (flying behind objects/walls). 

2. The sUAS will weigh less than 55 lbs. and travel at less than 50 knots. 

3. Batteries should far exceed the capacity required for actual flight time. 
4. Flights will be operated at an altitude of no more than 400 feet AGL. 

5. UA operated under this exemption will be marked in accordance with 14 CFR part 45 or as otherwise 

authorized by the FAA. 

Personnel:

1. Spotters ensure safe operation and act as a redundant set of eyes for operators (pilot, gimbal op, 

director) 

2. A briefing will be conducted in regard to the planned sUAS operations prior to each day’s activities. It 

will be mandatory that all personnel who will be performing duties within the boundaries of the safety 

perimeter be present for this briefing. 

3. The operator will obtain the consent of all persons involved in the sUAS operations and ensure that 

only consenting persons will be allowed within 100 feet of the flight operations. 

4. Observer and pilot will at all times be able to communicate by voice. 

5. Written and/or oral permission from the relevant property holders will be obtained. 

6. Pilot and observer will have been trained in operation of UAS generally and received up-to-date 

information on the particular UAS to be operated. 

Operations:

1. The unmanned aircraft (UA) must weigh less than 55 pounds (25 Kg), including energy source(s) and 

equipment. Operations authorized by this petition of exemption are limited to the following aircraft 

described in Appendix B. Proposed operations of any other aircraft will require a new petition or a 

petition amendment to this request. 

2. The UA may not be flown at a ground speed exceeding 50 knots. 

3. Flights must be operated at an altitude of no more than 400 feet above ground level (AGL), as 

indicated by the procedures specified in the operator’s manual. All altitudes reported to ATC must be in 

feet AGL. 

4. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC 

to be able to use human vision unaided by any device other than corrective lenses, as specified on the 

PIC’s FAA-issued medical certificate. 

5. All operations must utilize a visual observer (VO). The VO may be used to satisfy the VLOS 

requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to 

communicate verbally at all times. 

6. The operator’s manual included as Appendix B and this petition of exemption must be maintained and 

made available to the Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operator’s manual, the conditions and 

limitations herein take precedence and must be followed. Otherwise, the operator must follow the 

procedures as outlined in its operator’s manual. 

The operator may update or revise its operator’s manual. It is the operator’s responsibility to track such 

revisions and present updated and revised documents to the Administrator upon request. The operator 

must also present updated and revised documents if it petitions for extension or amendment. If the 

operator determines that any update or revision would affect the basis for which the FAA grants this 
petition for exemption, then the operator must petition for amendment to their exemption. The FAA’s 

UAS Integration Office (AFS-80) may be contacted if questions arise regarding updates or revisions to 

the operator’s manual. 

7. Prior to each flight the PIC must inspect the UAS to ensure it is in a condition for safe flight. If the 

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from 

operating until the necessary maintenance has been performed and the UAS is found to be in a 

condition for safe flight. The Ground Control Station, if utilized, must be included in the preflight 

inspection. All maintenance and alterations must be properly documented in the aircraft records. 

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight 

characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight in 

accordance with the operator’s manual. The PIC who conducts the functional test flight must make an 

entry in the UAS aircraft records of the flight. The requirements and procedures for a functional test 

flight and aircraft record entry must be added to the operator’s manual. 

9. The operator must follow the manufacturer’s UAS aircraft/component, maintenance, overhaul, 

replacement, inspection, and life limit requirements. When unavailable, aircraft 

maintenance/component/overhaul, replacement, and inspection/maintenance requirements must be 

established and identified in the operator’s manual. At a minimum, requirements for the following must 

be included in the operator’s manual: 

a. Actuators / Servos; 

b. Transmission (single rotor); 

c. Power plant (motors); 

d. Propellers; 

e. Electronic speed controller; 

f. Batteries; 

g. Mechanical dynamic components (single rotor); 

h. Remote command and control; 

Operating Frequency = 2.400 GHz~2.483 GHz

Maximum Transmission Distance = FCC Complaint: 16,400 feet (5 km), 

CE: Complaint: 11,483 feet (3.5 km)

i. Ground control station (if used); and 

j. Any other components as determined by the operator; 

10. The Pilot In Command (PIC) must possess at least a Light Sport pilot certificate and at least a current 

third-class medical certificate. The PIC must also meet the flight review requirements specified in 14 CFR 

§ 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate. 
11. Prior to operations conducted for the purpose of aerial photography, the PIC must have 

accumulated and logged, in a manner consistent with 14 CFR § 61.51(b), a minimum of five hours as UAS 

pilot operating the make and model of UAS to be utilized for operations under the exemption and three 

take-offs and three landings in the preceding 90 days. Training, proficiency, experience building, and 

take-off and landing currency flights can be conducted under this petition of exemption to accomplish 

the required flight time and 90 day currency. During training, proficiency, experience-building, and takeoff and landing currency flights all persons not essential for flight operations are considered 

nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in 

accordance with 14 CFR § 91.119. 

12. Prior to any flight operations authorized by this petition of exemption, the PIC and VO must have 

successfully completed a qualification process, as outlined in the operator’s manual. As this is a 

requirement stipulated by the operator, the test must be developed and implemented by a qualified 

person designated at the sole discretion of the operator. A record of completion of this qualification 

process must be documented and made available to the Administrator upon request. 

13. Prior to operations conducted for the purpose of aerial photography, a flight demonstration, 

administered by an operator-approved and -qualified pilot must be successfully completed and 

documented. This documentation must be available for review upon request by the Administrator. 

Because the knowledge and airmanship test qualifications have been developed by the operator, and 

there are no established practical test standards that support a jurisdictional FAA FSDO evaluation and 

approval of company designated examiners, the petitioner will conduct these tests in accordance with 

the operator’s manual. 

14. The UA may not be operated directly over any person, except authorized and consenting personnel, 

below an altitude that is hazardous to persons or property on the surface in the event of a UAS failure or 

emergency. 

15. Regarding the distance from participating persons, the operator’s manual has safety mitigations for 

authorized and consenting personnel. At all times, those persons must be essential to the operations.

16. If the UAS loses communications or loses its GPS signal, the UA must return to a pre-determined 

location within the security perimeter and land or be recovered in accordance with the operator’s 

manual. 

17. The UAS must abort the flight in the event of unpredicted obstacles or emergencies in accordance 

with the operator’s manual. 

18. Each UAS operation must be completed with 25% (or greater) battery power remaining. 

19. All aircraft operated in accordance with this exemption must be identified by serial number, 

registered in accordance with 14 CFR part 47, and have identification (Small UAS Certificate of 

Registration) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as 

practicable. 
20. The operator must develop procedures to document and maintain a record of the UAS maintenance, 

preventative maintenance, alterations, status of replacement/overhaul component parts, and the total 

time in service of the UAS. These procedures must be added to the operator’s manual. 

21. Each UAS operated under this exemption must comply with all manufacturer Safety Bulletins. 

22. The preflight inspection section in the operator’s manual must be amended to include the following 

requirement: The preflight inspection must account for all discrepancies, i.e. inoperable components, 

items, or equipment, not covered in the relevant preflight inspection sections of the operator’s manual. 

23. Prior to conducting operations, the radio frequency spectrum used for operation and control of the 

UA must comply with the Federal Communications Commission (FCC) or other appropriate government 

oversight agency requirements. 

24. The documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the 

Ground Control Station of the UAS any time the aircraft is operating. These documents must be made 

available to the Administrator or any law enforcement official upon request. 

25. The UAS must remain clear and yield the right of way to all other manned operations and activities 

at all times (including, but not limited to, ultra-light vehicles, parachute activities, parasailing activities, 

hang gliders, etc.). 

26. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must 

be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules 

(SVFR) are not authorized. 

27. The UAS may not be operated by the PIC from any moving device or vehicle. 

28. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a 

cloud or when visibility is less than 3 statute miles from the PIC. 

29. The UA may not operate in Class B, C, or D airspace without written approval from the FAA. The UA 

may not operate within 5 nautical miles of the geographic center of a non-towered airport as denoted 

on a current FAA-published aeronautical chart unless a letter of agreement with that airport’s 

management is obtained, and the operation is conducted in accordance with a NOTAM as required by 

the operator’s COA. The letter of agreement with the airport management must be made available to 

the Administrator upon request. 

30. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the 

operational area as defined by the applicable COA must be reported to the FAA’s UAS Integration Office 

(AFS-80) within 24 hours. Accidents must be reported to the National Transportation Safety Board 

(NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov. Further flight operations may 

not be conducted until the incident, accident, or transgression is reviewed by AFS-80 and authorization 

to resume operations is provided. 
Support for Petition for Exemption 

In accordance with the procedural requirements of 14 C.F.R. §11.81, Shinju provides the following 

information: 

Contact Information: 

Emily w Smith

Shinju Aviation, LLC

94 Ammerman Pike

Cynthiana, KY 41031

(859) 588-8067

emilysmith@shinjuaviation.com

Regulatory Provisions from which Shinju seeks an Exemption 

Shinju believes it may need an exemption from the following provisions to conduct the contemplated 

operations. In some instances, relief is needed because relief from another provision renders 

compliance with the regulation at hand infeasible. 

333 Aircraft Exemption Status 

14 C.F.R. §61.113(a) and (b) 

14 C.F.R. §91.119(c) 

14 C.F.R. §91.121 

14 C.F.R. §91.151 

14 C.F.R. §91.405(a) 

14 C.F.R. §91.407(a) 

14 C.F.R. §91.409(a) (1) & (2) 

14 C.F.R. §91.417(a) & (b) 

Shinju believes an exemption is only needed from the above-listed regulatory provisions. To the extent 

that the FAA believes that additional relief is required for Shinju to conduct the operations described 

here, we request an exemption from any such regulatory provisions as well.3 

3 For example, 14 C.F.R. §91.417(a) imposes certain maintenance record keeping requirements “as 

applicable”. Since none of the underlying requirements (e.g., inspection intervals) can be met and will 

require an exemption, Shinju believes a separate exemption should not be required for §91.417(a). 
The Extent of Requested Relief and the Reasons Relief is Needed 

Section 333 Aircraft Exemption Status: Section 333 of the Modernization Act authorizes the FAA to 

exempt aircraft from the requirement for an airworthiness certificate based on a consideration of the 

size, weight, speed, operational capability of the particular UAS, as well as its proximity to airports and 

populated areas. An analysis of these criteria demonstrates that the sUAS operated without an 

airworthiness certificate in the areas and under the conditions contemplated by Shinju will be at least as 

safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an airworthiness 

certificate without the conditions proposed in this request. 

The sUAS is less than 55 lbs. fully loaded, carries neither a pilot nor passenger, and operates exclusively 

within a secured area. Unlike other civil aircraft, operations under this exemption will be tightly 

controlled and monitored by the operator and observer. Operations will be conducted in compliance 

with the FAA and with local public safety requirements to provide security for the area of operation as is 

now done with conventional aerial photography equipment. 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 and inability to carry a substantial 

external load. 

Given the size and limited operating area associated with the aircraft to be utilized by the Applicant, this 

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 UAS 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. 

14 C.F.R. §61.113(a) and (b) 

14 C.F.R. 91.119(c) 

14 C.F.R. 91.151 §91.151 Fuel requirements for flight in VFR conditions. 

(a) No person may begin 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. 

(b) No person may begin a flight in a rotorcraft 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, to fly after that for at least 20 minutes. ***** 
Operating the sUAS in a pre-defined area with less than 30 minutes of reserve fuel does not 

raise the type of risk contemplated by §91.151, i.e., that an aircraft could run out of fuel in the 

event it has to be flown to an alternate airport or circle the planned airport in the event of 

unanticipated conditions. Shinju does not intend to use the sUAS for point-to-point flights and 

will not operate the sUAS beyond visual line of sight. Nor will the sUAS require an airport in 

order to land. Rather, Shinju will operate the sUAS using pre-planned flight paths (taking into 

account weather conditions) designed to allow the sUAS to fly to the point of intended landing. 

As such, there is no need for a time based excess fuel requirement. Rather it should be sufficient 

to require only as much additional excess flight capacity as necessary to safely land the sUAS. 

We believe that a 25% battery reserve is more than sufficient to meet this objective. 

14 C.F.R. 91.405(a), 91.407(a) (1), 14 C.F.R. 91.409(a) (1)&(2) and 14 C.F.R. 91.417(a) & (b)

§91.405 Maintenance required. 

Each owner or operator of an aircraft – (a) 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;

§91.407 Operation after maintenance, preventive maintenance, rebuilding, or alteration. 

(a) No person may operate any aircraft that has undergone maintenance, rebuilding, or 

alteration unless –

(1) It has been approved for return to service by a person authorized under §43.7 of this 

chapter; 

§91.409 Inspections. 

(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, 

within the preceding 12 calendar months, it has had __ 

(1) An annual inspection in accordance with part 43 of this chapter and has been approved for 

return to service by a person authorized by §43.7 of this chapter; or 

(2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of 

this chapter. 

§91.417 (a) & (b)

Shinju believes that an exemption from these three maintenance requirements is appropriate 

because the FAA has not developed maintenance standards that would allow an operator to 

meet the part 91 maintenance requirements. In particular, there are no individuals authorized 

by the FAA to approve a sUAS for return to service under §91.407(a) or to conduct the initial 

airworthiness and annual return to service inspections required by §91.409(a). Shinju will 

maintain the aircraft as instructed in the owner’s manual and ASTM F2909, where applicable, 

and will not operate the aircraft until it has reasonably determined that any needed repairs have 

been made. However, because of the technical impossibility of meeting the requirements of 

§§91.405(a), 407(a), 409(a) and 417(a)&(b), we believe an exemption from these provisions is 

appropriate. 
Please do not hesitate to contact me at the phone number or via the e-mail address provided 

above should you have any questions or concerns. 

Respectfully submitted, 

Emily W Smith (Electronic signature)

Emily W Smith

Shinju Aviation, LLC

Appendix A 

Summary for Federal Register Publication 

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal 

Register should the FAA determine that publication is needed. 

Petitioner: Shinju Aviation, LLC (Shinju) 

Sections of 14 C.F.R. Affected: 

333 Aircraft Exemption Status 

14 C.F.R. §61.113(a) and (b) 

14 C.F.R. §91.119(c) 

14 C.F.R. §91.121 

14 C.F.R. §91.151 

14 C.F.R. §91.405(a) 

14 C.F.R. §91.407(a) 

14 C.F.R. §91.409(a) 

14 C.F.R. §91.417(a)&(b) 

Description of Relief Sought: 

Petitioner seeks relief from the requirements of 333 Aircraft Exemption Status, 14 C.F.R., 

61.113(a)&(b)), 91.119(c), 91.121, 91.151, 91.405(a), 91.407(a), 91.409(a), and 91.417(a)&(b) to 

conduct sUAS operations over Shinju customer’s owned or controlled land, solely during 

daylight hours, for the purpose of aerial photography. In general, sUAS operations are intended 

to be conducted in areas remote from both congested areas and airports. The nature of 

operations anticipated by Shinju requires that the sUAS be flown at relatively low altitudes. 

Shinju expects that in most instances, the sUAS will be flown less than 75 feet from the highest 

structure along the path of the sUAS and in no instances will be flown higher than 400 feet 

above the ground. Accordingly, the risk of interference with other aircraft is minimal.
Appendix B