Dec 23, 2015

Ryan Shanahan 

2726 Cheyenne Dr 

Bowling Green, Ky 42104

US Department of Transportation

Docket Manager Systems

1200 New Jersey Ave. SE

Washington DC 20590 

 Request for Exemption under Section 333 of the FAA Modernization and Reform Act of 2012 and

Part 11 of the Federal Aviation Regulations from 14 C.F.R §21, Subpart H; §61.23(a) and (c);

§61.101(e)(4) and (5); §61.113; §61.315(a); §91.7(a); §91.9 (b) (2); §91.119(c); §91.121;

§91.151(a)(1); §91.405(a); §91.407(a)(1); §91.409(a)(1) and (a)(2); §91.417(a) and (b).

Dear Sir(s)/Madam(s),

 Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 and C.F.R. Part 11,

Ryan Shanahan (“Petitioner”) seeks an exemption from the Federal Aviation

Regulations as listed below.

The requested exemption would allow Ryan Shanahan to provide aerial photography and video services 

to clients for use in real estate sales using a DJI Phantom 3 Standard. Use of a UAS reduces the

requirement to utilize manned lifting devices, manned climbing or manned aircraft over populated 

areas, for the same purpose and provides high quality results at a fraction of the price. These savings 
result in enhanced safety, efficiency and productivity as well as environmental benefits. Proposed 

operations will be conducted within and under the conditions outlined herein or as may be established 

by the FAA as required by Section 333.

As detailed in this document, the requested exemption would permit the operation of sUAS under

controlled conditions in airspace that is 1) limited 2) predetermined and 3) controlled as to access.

Granting this request fulfills 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 purposes.

In accordance with 14 C.F.R §11.81, Petitioner provides the following information in support of

its petition for exemption:

I: Name and Address of the Petitioner:

Ryan Shanahan 

Owner, Ryan Shanahan 

2726 Cheyenne Dr 

Bowling Green, Ky 42104

Phone: (270)784-4221

Email: ryan.shanahan@coldwellbanker.com

II. The Specific Sections of Title 14 of the Code of Federal Regulations from Which Petitioner

Requests Exemption are:

§21, Subpart H

§61.101(e)(4) and (5)
§61.113

§61.315(a)

§91.7(a)

§91.9 (b) (2)

§91.119(c)

§91.121

§91.151(a)(1)

§91.405(a)

§91.407(a)(1)

§91.409(a)(1) and (a)(2)

§91.417(a) and (b)

Airworthiness Certificates

14 C.F.R. §21, Subpart H, 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 the 

proposed sUAS meets (and exceeds) an equivalent level of safety pursuant to Section 333 of the Reform 

Act. Therefore, no airworthiness certificate is required in accordance with 14 C.F.R. Part 21, Subpart H. 

The petitioner seeks to gain confirmation the FAA concurs.

Recreational Pilot Privileges

§61.101(e)(4) and (5) state that no person that holds a Recreational Pilot certificate may act as Pilot in

Command of an aircraft for compensation or hire (4) or in furtherance of a business (5). The FAA has

previously acknowledged in prior grants of exemption under Section 333 that a commercial pilot’s

certificate was not necessary to safely operate a sUAS, but that the FAA could not waive the 

requirement for an FAA-issued pilot’s license. A Recreational Pilot certificate addresses the FAA’s 
requirement that the Pilot in Command have the requisite training and understanding of the National 

Airspace System, and also ensures that the Pilot is registered with the FAA and will not pose a risk to 

national security. Petitioner proposes a PIC to hold either an airline transport, commercial, private, 

recreational, or sport pilot certificate.

Private Pilot Privileges

§61.113 states that no person that holds a Private Pilot certificate may act as Pilot in Command of an

aircraft for compensation or hire. The FAA has previously acknowledged in prior grants of exemption

under Section 333 that a commercial pilot’s certificate was not necessary to operate a sUAS, but that 

the FAA could not waive the requirement for an FAA-issued pilot’s license. A Private Pilot certificate 

addresses the FAA’s requirement that the Pilot in Command have the requisite training and 

understanding of the National Airspace System, and also ensures that the Pilot is registered with the 

FAA and will not pose a risk to national security. Petitioner proposes a PIC to hold either an airline 

transport, commercial, private, recreational, or sport pilot certificate.

Sport Pilot Privileges

§61.315 states that no person that holds a Sport Pilot certificate may act as Pilot in Command of an

aircraft for compensation or hire (c)(2) or in furtherance of a business (C)(3). The FAA has previously

acknowledged in prior grants of exemption under Section 333 that a commercial pilot’s certificate was 

not necessary to operate a sUAS, but that the FAA could not waive the requirement for an FAA-issued 

pilot’s license. A Sport Pilot certificate addresses the FAA’s requirement that the Pilot in Command have 

the requisite training and understanding of the National Airspace System, and also ensures that the Pilot 

is registered with the FAA and will not pose a risk to national security. Petitioner proposes a PIC to hold

either an airline transport, commercial, private, recreational, or sport pilot certificate.
Airworthiness Certificate

§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. Petitioner will

ensure the sUAS is in airworthy condition prior to every flight, by determining that the sUAS is in

compliance with the manufacturer supplied operating documents and that the aircraft is in a condition 

for safe flight.

Flight Manual on board

§91.9 (b) (2) requires an aircraft flight manual in the aircraft. As the aircraft is remotely operated,

Petitioner requests to maintain the flight manual in a position available to the PIC while operating the

aircraft. 

Minimum Safe Altitudes

§91.119(c) prescribes safe altitudes for the operation of civil aircraft. Due to the nature of the 

petitioner’s operations (photography/video), it will be necessary to operate at distances less than 

prescribed. Given the UAS carries zero explosive material (i.e. fuel) onboard, any damage will come 

solely from a direct impact. However, given the small size and light weight of the proposed UAS systems, 

the hazard to persons, vehicles and structures is minimal compared to manned aircraft for which 

§91.119(c) was written.

Altimeter Requirements

§91.121 requires that aircraft maintain cruising altitudes by referencing an altimeter setting available

within 100nm of the aircraft. The proposed aircraft have the ability to report a GPS-derived Above 

Ground Level (AGL) altitude to the PIC which is line with the guidance the FAA prescribes for Model 

Aircraft. Petitioner proposes utilization of this method vice the method prescribed in §91.121 for 
Determining aircraft altitude.

Fuel Reserves

§91.151(a)(1) states that no person may begin a flight in an airplane under day-VFR conditions unless

the there is enough fuel to fly to the first point of intended landing and to fly after that for at least 30

minutes. The proposed UASs have a flight time of approx. 12-15 minutes and carry no fuel, therefore the

wording of this section cannot apply. Petitioner requests exemption to this requirement with the 

condition that the PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UAS to conduct the intended operation and 

land with the reserve power recommended by the manufacturer.

Maintenance Requirements

§91.405(a), §91.407(a)(1), §91.409(a)(1), §91.409(a)(2), §91.417(a) and §91.417(b) prescribe a

maintenance regimen that is more applicable to a full sized manned aircraft than a SUAS with few

serviceable parts. Instead, the petitioner proposes that prior to each flight the PIC will conduct a

thorough pre-flight inspection and determine if the sUAS is capable of safe operation. 

III. The Nature and Extent of Relief Sought and Reasons Therefore:

Petitioner is seeking relief from any currently applicable FARs preventing commercial operation of

a sUAS within the national airspace system. The Reform Act 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. As

sUAS technology continues to rapidly expand, their utility and therefore their use will continue to rapidly

expand as well. Integrating this technology into the National Airspace System incrementally is critical to

ensuring the future progress and success of both traditional and emerging technologies and aircraft.

Petitioner desires to help shape the landscape of that integration while providing a valuable service to 
the community. 

IV. The Benefit to the Public Interest as a Whole if Petition is Granted:

Until recently, the only way to obtain an aerial photograph or video was through either a low

flying manned aircraft, or a ground based device that raised a person precariously high in the air. By

utilizing proven modern technology, Petitioner will reduce the threat to both the photographer and the

public writ large. As the FAA recognized in the Douglas Trudeau, Realtor® Exemption, No. 11138:

“Manned aircraft conducting aerial filming and photography can weigh 5,000 lbs. or more, are

operated by an onboard pilot and may carry other onboard crewmembers, as well as 100

gallons or more of fuel. The petitioner’s [sUAS] weighs less than 3 lbs. The pilot and crew will be

remotely located from the aircraft. The limited weight reduces the potential for harm to persons

or damage to property in the event of an incident or accident. The risk of an onboard pilot and

crew during an incident or accident is eliminated with the use of a (iv) (v) within Class G

airspace; and outside of 5 statute miles from any airport, heliport, seaplane base, spaceport, or

other location with aviation activities.” In addition to reducing the risk to personal injury or death from 

these operations, the cost will be greatly reduced making the services once reserved for the wealthy 

available to middle class citizens. Additionally, aerial photography and video provides a positive 

economic impact for the community and for companies considering relocating or building in the local 

area or other areas as they are able to gain a greater understanding of the geographic area they are 

interested in. This is also an important service for individuals relocating for various reasons.

V. The Grant of the Requested Exemption Will Not Adversely Affect Safety:

As indicated in section III, petitioner’s operations will enhance safety rather than adversely affect

it. In addition to the reasons previously stated, petitioner’s operations will not require a manned aircraft

to orbit at low altitude in congested airspace and will reduce any noise and air pollution associated with
the operation of those aircraft. In addition to the inherent safety enhancements of operating a sUAS 

vice a manned aircraft, operational and technological protocols ensure improved safety of aerial 

photography operations.

Technological protocols include:

- Use of GPS technology to provide steady flight including a flight safety feature whereby the

sUAS hovers and then slowly returns to an appointed location and lands if communication

with the pilot is lost

- Preprogrammed “No Fly Zones” prevent the sUAS from operating in designated areas such as

within 5 miles of an airport or above a designate altitude

- Automatic landing feature is triggered by a critical low battery status preventing the sUAS

from running out of battery while in flight 

Operational protocols include:

- Flight in Day VFR weather conditions only.

- Operated at an altitude of no more than 400 feet above ground level (AGL), though most

flights will occur below 200 feet AGL. Speed will not exceed 30 mph over the ground. The

Pilot in Command will maintain Visual Line of Sight capability at all times.

- A thorough pre-flight inspection will be accomplished in accordance with manufacturer

instructions. A survey of the area in the vicinity of the flight operation will be conducted

making note of any potential hazard(s) and a risk mitigation plan will developed for each

hazard.

- Any time the sUAS has undergone maintenance or alteration, the Pilot will conduct a Functional Check 

Flight to ensure airworthiness. This flight will occur in a sparsely populated area, free of hazards.

- Flight will plan to terminate with no less than 25% battery power remaining.
- All training flights will occur in sparsely populated areas free of hazards.

- No individual will act as Pilot in Command (PIC) of the sUAS

- 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.

- All Flight operations will be conducted at least 500 feet from all nonparticipating persons,

vessels, vehicles, and structures unless barriers or structures are present that sufficiently protect 

nonparticipating persons from the UA and/or debris in the event of an accident. If a situation arises 

where the PIC becomes aware of nonparticipating persons leaving such protection and are

within 500 feet of the sUAS, flight operations will cease immediately in a manner

ensuring the safety of nonparticipating persons.

- The sUAS will not operate within 5 nautical miles of an airport 

VI. A Summary the FAA May Publish in the Federal Register:

Ryan Shanahan seeks exemption from the requirements of 14 C.F.R §21,

Subpart H; §61.23(a) and (c); §61.101(e)(4) and (5); §61.113; §61.315(a); §91.7(a); §91.9 (b) (2);

§91.119(c); §91.121; §91.151(a)(1); §91.405(a); §91.407(a)(1); §91.409(a)(1) and (a)(2); §91.417(a)

and (b). The requested exemption would allow the petitioner to provide aerial photography and video

services to clients for use in real estate sales using DJI Phantom 3 Standard. Use of a sUAS reduces the

requirement to utilize manned aircraft over populated areas, manned lifting devices or manned climbing

for the same purpose and provides high quality results at a fraction of the price. These savings result in

enhanced safety, efficiency and productivity as well as environmental benefits. Proposed operations will

be conducted within and under the conditions outlined herein or as may be established by the FAA as

required by Section 333.
VII. Additional Information to Support the Request:

The FAA has issued grants of exemption in circumstances similar in all material respects to those

presented in this 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.

Respectfully Submitted,

Ryan Shanahan 

Realtor, Coldwell Banker Legacy Real Estate Group 

Attachments: DJI Phantom 3 Standard 

Discription of UA

-Full Legal Name of UA Manufacturer or Builder SZ DJI Technology Co. Ltd ("DJI")

-UA Model Designation Phanton 3 Standard W321

-UA Serial Number P5ADCJ190700WA

-Class Rotcraft

-UA Maximum Takeoff Weight 1280g/2.82lbs

-Catagory Land

-Name of Engine Manufacturer DJI

-Engine Model Designation 2312/960 KU

-Engine Serial-Number None
-Number of Engines 4

-Engine Power Output 800G Thrust

-Engine Type Electric

Full User Manual and Docs Available at:

http://www.dji.com/product/phantom-3-standard/info#downloads