July 31, 2015

Exemption No. 12268

Regulatory Docket No. FAA–2015–2135

Mr. Stuart Shellenberger

dba Aerial Real Estate and Inspection

981 North 22nd Avenue

Show Low, AZ 85901

Dear Mr. Shellenberger:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letter dated May 18, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Mr. Stuart Shellenberger dba Aerial Real Estate and Inspection (hereinafter 

petitioner or operator) for an exemption. The petitioner requested to operate an unmanned 

aircraft system (UAS) to conduct aerial imaging, videography, and inspections.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

Airworthiness Certification

The UAS proposed by the petitioner are the DJI Inspire 1 and DJI Phantom 2 +.
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The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

and parts, Subpart H—Airworthiness Certificates. In accordance with the statutory criteria 

provided in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in 

consideration of the size, weight, speed, and limited operating area associated with the 

aircraft and its operation, the Secretary of Transportation has determined that this aircraft 

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 

14 CFR part 21, Certification procedures for products and parts, Subpart H—Airworthiness 

Certificates, and any associated noise certification and testing requirements of part 36, is 

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection1. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

• They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

• The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

• A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, Mr. Stuart Shellenberger dba Aerial Real Estate & 

Inspection is granted an exemption from 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 

61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 

91.409(a)(1) and (2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to 

 

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
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operate a UAS to perform aerial data collection. This exemption is subject to the conditions 

and limitations listed below.

Conditions and Limitations

In this grant of exemption, Mr. Stuart Shellenberger dba Aerial Real Estate & Inspection is 

hereafter referred to as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Inspire 1 and 

DJI Phantom 2 + when weighing less than 55 pounds including payload. Proposed 

operations of any other aircraft will require a new petition or a petition to amend this 

exemption.

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

5. 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 airman medical certificate or 

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. 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; 

electronic messaging or texting is not permitted during flight operations. The PIC 

must be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 
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exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations 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 operating documents, 

the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update 

or revision would affect the basis upon which the FAA granted this exemption, then 

the operator must petition for an amendment to its grant of exemption. The FAA’s 

UAS Integration Office (AFS−80) may be contacted if questions arise regarding 

updates or revisions to the operating documents.

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 prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. 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.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer 

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 
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government. 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.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building 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.

15. 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.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

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

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

17. 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.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 
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exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.

22. 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 

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any 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.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

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

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator must ensure 

that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects and the PIC has made a safety assessment of 

the risk of operating closer to those objects and determined that it does not 

present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

27. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

28. 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 
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reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov.

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.
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This exemption terminates on August 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
Stuart Shellenberger

DBA: Aerial Real Estate & Inspection

981 N 22nd Ave

Show Low, AZ 85901

480-818-3191 (mobile)

928-251-0603 (home)

May 18, 2015

U. S. Department of Transportation Docket Management System

1200 New Jersey Ave.,

SE Washington, DC 20590 

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

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

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

91.203, 91.151 

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

No. FAA – 2014 – 0481 I have included: 

1. Supplemental Response for Petition

2. DJI Inspire 1 Quick Start Guide

3. DJI Inspire 1 Safety Guidelines

4. DJI Inspire 1 Users Manual

5. DJI Inspire 1 Maintenance Manual

6. Personal Protocols for Safety & Flight Concerns

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

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

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

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

allowed commercial operation of a small Unmanned Aircraft Systems 

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

sale and roof inspections.

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

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

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

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

intent for aerial videography/cinematography and roof inspections to 

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

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

approval by the FAA. 

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

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

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

after carefully reviewing, inspecting and examining the area of aerial 

observation. This would allow for community videos and within property 

boundaries for individual homeowner real estate listing videos/photos.

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

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

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

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

preflight inspections and protocols, during which safety carries primary 

importance. 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

will see the markings. 

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

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

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

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

before each flight as outlined in his operating documents. 

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

command. 

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

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

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

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

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

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

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

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

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

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

experience flying numerous practice flights in remote areas as a hobbyist 

simulating flights for future commercial use to gain familiarization with the 

characteristics of his UAS’ performance under different temperature and 

weather conditions. I also practice on a computerized simulated flights 

software to maintain adequate skills and response reflex time. 

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

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

but not limited to:

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

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

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

the manufacturer’s recommended minimum level of battery power.

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

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

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

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

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

Progress –Remain Back 150 feet”).

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

information to constantly update and enhance my safety protocols.

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

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

other pertinent information.

8) Always obtain all necessary permissions prior to operation.

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

potential danger. 

Aerial videography for geographical awareness of real estate marketing has 

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

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

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

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

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

minimize ecological damage and promote economic growth by providing 

information to companies looking to relocate or build in the Louisville 

Kentucky area. 

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

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

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

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

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

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

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

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

Web traffic noticeably increase.”

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

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

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

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

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

our economy continues to grow.