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UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC.

REGARDING THE PETITION FROM:

SHUTTER PILOTS, INC.,

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS (14 CFR) PART 21

SECTIONS 45.23(b), 61.113(a) and (b), 91.7(a), 91.9(b)(2), 91.103(b), 91.109, 91.119, 91.121,

91.151(a), 91.203(a) and (b), 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b).

CONCERNING OPERATION OF SMALL UNMANNED AIRCRAFT SYSTEMS (sUAS)

PURSUANT TO SECTION 333 OF THE

FAA MODERNIZATION AND REFORM ACT OF 2012

Regulatory Docket No. _______________

Submitted Electronically

on February 11, 2015

Shutter Pilots, Inc.

Michael J. Mabin, President

1003 Gateway Avenue, Suite 2A

Bismarck, ND  58503
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Table of Contents

Page

Glossary of Abbreviations & Terms .....................................................................    3

List of Attachments .............................................................................................     3

Exemption Request..............................................................................................    4

Proposed Unmanned Aerial Systems.........................................................................    5

Requested Exemptions from Regulations................................................................    7

Extent of Relief Shutter Pilots Seeks and the Reason it Seeks such Relief............    7

Public Interest................................................................................................................. 13

Reasons Why the Exemption will not Adversely Affect Safety................................ 15

Summary the FAA May Publish in the Federal Register........................................... 17

Additional Background Information............................................................................ 17
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Glossary of Abbreviations & Terms

2D/3D    Two‐Dimensional and Three‐Dimensional

AGL     Above Ground Level  

AMA    Academy of Model Aeronautics

C.F.R.    Code of Federal Regulation

COA     Certificate of Authorization  

FAA     Federal Aviation Administration  

FAR     Federal Aviation Regulation

GCS    Ground Control Station  

NAS     National Airspace System  

NOTAM Notice to Airman

PIC    Pilot in Command

sUAS    Small, Unmanned Aircraft Systems

UA    Unmanned Aircraft

UAS     Unmanned Aircraft System

VLOS    Visual Line of Sight

VFR     Visual Flight Rules  

VO    Visual Observer

List of Attachments

The following attachments are referenced in the request for exemption which follows.  These

documents provide additional evidence in support of Shutter Pilots’ petition to the FAA.

Attachment A    Academy of Model Aeronautics (AMA) Safety Code

Attachment B    FlySafe Flight Checklists

Attachment C    Inspire 1 User Manual

Attachment D   Inspire 1 Safety Guidelines  

Attachment E    Phantom 2 Vision+ User Manual

Attachment F    Phantom 2 Vision+ Quick Start Manual

Attachment G   Phantom Pilot Training Manual

Attachment H   Transport Canada Exemption Infographic  
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Exemption Request from Shutter Pilots, Inc.

February 11, 2015

United States Department of Transportation

Docket Operations

West Building Ground Floor Room W12‐140

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Exemption Request Pursuant To Section 333 of the FAA Modernization and Reform Act of

2012, Public Law 112‐95 February 14, 2012

I, Michael J. Mabin, am writing on behalf of my company, Shutter Pilots, Inc., regarding the FAA

Modernization and Reform Act of 2012 (Reform Act) and the procedures contained within 14

C.F.R. 11, with a request to be exempted from Part 21, as well as other sections of Title 14 of

the Code of Federal Regulations, as described in the following pages.  The requested exemption

will allow Shutter Pilots to operate small, unmanned aircraft systems (sUAS) commercially in

airspace regulated by the Federal Aviation Administration (“FAA”).

My partners and I plan to combine our skills in aerial imaging and computer animation to

provide two‐dimensional (2D) and three‐dimensional (3D) visualization services to support

various industries including, but not limited to, property development, historic preservation

and accident reconstruction.  For example, our specialized services will enable property

developers and general contractors to pre‐visualize their construction projects by adding 2D

and 3D structural models to aerial images and videos.  Our service offerings will also enable

historians and curators to visually recreate historic sites, events and other attractions.  

Additionally, our services will assist insurance and law enforcement professionals with

reconstructing accident scenes using 2D and 3D aerial simulations.

Recognizing the tremendous need, as well as the many public benefits associated with offering

such services, my partners and I are moving forward with our business plans, which include

seeking and securing an exemption to commercially operate our sUAS in accordance with the

FAA’s safety standards and regulations.

We believe the operations proposed in the petition which follows will fully qualify for approval

under Section 333 of the Reform Act.  Under this proposal, Shutter Pilots would be permitted to

use small, unmanned aerial systems (sUAS) under controlled conditions in airspace that is: (1)

limited; (2) predetermined; (3) controlled as to access, and; (4) would provide an increased

level of safety beyond that existing when fixed or rotor wing aircraft are used to accomplish the

same purpose.
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Shutter Pilot will utilize small, multi‐rotor quad copters, equipped with digital cameras. The

units will be operated under normal, daytime conditions at a speed of no more than 30 knots.

The sUAS will always be operated within the visual line‐of‐sight (VLOS) of the pilot in command

(PIC) and within a controlled area.  Such operations will insure that the sUAS will "not create a

hazard to users of the National Airspace System or the public."  

Our petition for exemption is submitted under the authority of the FAA Modernization and

Reform Act.  Under this Act, Congress directed the FAA "to safely accelerate the integration of

civil unmanned aircraft systems into the national airspace system." Under Section 333 of this

law, the Reform Act directed the Secretary of Transportation to consider whether certain

unmanned aircraft systems may operate safely in the National Airspace System ("NAS") before

completion of the rulemaking required under Section 332 of the Reform Act.

According to the Reform Act, the Secretary has the authority to grant exemptions from its

safety regulations and minimum standards when a requested exemption is deemed to be in the

public interest. Anyone requesting an exemption must explain the reasons why the exemption:

(1) would benefit the public as a whole, and; (2) would not adversely affect safety.  Based on

this exemption process, I submit the following petition for your consideration.

Contact information:  

Shutter Pilots, Inc.       Michael J. Mabin, President   

1003 Gateway Ave., Suite 2A     Phone: (701) 319.5500   Fax: (701) 250‐1788

Bismarck, ND  58503       E‐mail: mmabin@shutterpilots.com

Proposed Small, Unmanned Aircraft Systems (sUAS)

Shutter Pilots proposes to utilize a DJI PHANTOM 2 Vision+ and a DJI INSPIRE 1 for capturing

digital images. These multi‐rotorcraft sUAS have four motors and propellers in a quadcopter

configuration weighing roughly 3 to 7 pounds, including camera and payload.  

Both units are equipped with an onboard computer stabilization controller and Global

Positioning System (GPS).  The PHANTOM 2, as well as the INSPIRE 1, provide the pilot in

command (PIC) with an ability to hover and move in vertical and horizontal planes, both

independently and simultaneously.   

The proposed aircraft also feature a software application that allows the PIC a means of

monitoring the flight’s performance via a smart phone or tablet.  For example, the app provides

the PIC with a real time display of the altitude, battery life, GPS connections and camera view.  
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DJI Phantom 2 Vision+

Shutter Pilots seek an exemption to operate

the DJI PHANTOM 2 Vision+ for

compensation or hire. This sUAS features a

quad rotor, unmanned aircraft and a

handheld ground control station. The

PHANTOM 2 has a maximum gross weight of

approximately 2.8 pounds, diameter (rotor

span) 23.75 inches, width of 12.5 inches, and

height of 8.1 inches. The sUAS is equipped

with four rotors driven by a lithium polymer

battery with electric motors.

DJI Phantom 2 Vision+

Here is an overview of the proposed aircraft specifications.  Additional design and operational

specifications are contained in the DJI PHANTOM 2 Vision+ Operating Manual (Attachment E).

Weight (Battery & Propellers included): 1242g  

Hover Accuracy (Ready to Fly)‐Vertical: 0.8m; Horizontal: 2.5m  

Max Yaw Angular Velocity: 200°/s   Max Tilt Angle: 35°  

Max Ascent / Descent Speed‐Ascent: 6m/s; Descent: 3m/s  

Max Flight Speed: 15m/s (not recommended)

Diagonal Length (motor to motor distance): 350mm  

Supported Battery‐DJI 5200mAh LiPo rechargeable battery

DJI Inspire 1

Shutter Pilots seek an exemption to operate

its DJI INSPIRE 1 for compensation or hire

within the national airspace system (“NAS”).

The INSPIRE 1 is a remote‐controlled,

unmanned aircraft with a transportable

ground station. Is has a gross weight of

approximately six and one half (6.75) pounds

and dimensions of 438 x 451 x 301 mm.  

DJI Inspire I
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Here is an overview of the proposed aircraft specifications.  Additional design and operational

specifications are contained in the DJI INSPIRE I Operating Manual (Attachment C).

Aircraft Model: Inspire 1, Model T600

Weight (Battery Included): 2935 g (6 lbs., 7.5 oz.)

Hovering Accuracy (GPS mode) Vertical: 0.5 m

Horizontal: 2.5 m

Max Angular Velocity Pitch: 300°/s

Yaw: 150°/s

Max Tilt Angle 35°

Max Ascent Speed 5 m/s

Max Descent Speed 4 m/s

Max Speed 22 m/s (ATTI mode, no wind)

Max Flight Altitude 4500 m

Max Wind Speed Resistance 10 m/s

Shutter Pilots will submit a Certificate of Authorization (COA) application for each sUAV as part

of the exemption sought by this Petition.

The specific sections of Title 14 of the Code of Federal Regulations from which

Shutter Pilots requests exemption:

Shutter Pilots, Inc., requests an exemption from Part 21, Subpart H; and Sections 45.23(b),

61.113(a) and (b), 91.7(a), 91.9(b)(2), 91.103(b), 91.109, 91.119, 91.121, 91.151(a), 91.203(a)

and (b), 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b) of Title 14, Code of Federal

Regulations.  

The Extent of Relief Shutter Pilots Seeks and the Reason it seeks such Relief:

14 C.F.R. Part 21, Subpart H: Airworthiness Certificate, and 14 C.F. R. Section 91.203(a) & (b):

Carrying Civil Aircraft Certification and Registration

We are seeking an exemption from 14 C.F.R. Part 21, Subpart H, which establishes the

procedural requirements for issuing and displaying airworthiness certificates as required by 14

C.F.R. Sections 91.203 (a) & (b). At the present time, no such certificates are available to be

issued for airworthiness of the sUAS devices utilized by Shutter Pilots.  Furthermore, the small

size of the aircraft, coupled with the limited surface area, makes it impractical to display such

documentation on the sUAS itself.  Also, since the sUAS is unmanned, it is unnecessary to

display a certificate for passengers or crew as required by Section 91.203(b).  Furthermore, due

to the size, weight, speed and limited operating area associated with these aircraft, we request

the FAA determine that these aircraft meet the conditions of Section 333.
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Equivalent Level of Safety

We contend that granting this exemption will not adversely affect safety or pose a threat to

national security for the following reasons:

 The sUAS to be operated by Shutter Pilots weigh less than 7.0 lbs. fully loaded, carry

neither a pilot nor passenger, carry no explosive materials or flammable liquid fuels,

and operate exclusively within a secured and controlled area.  

 Our proposed operations will be controlled and monitored by the Pilot in Command

(PIC) in accordance with the Operator’s Manuals (Attachments C and E).  An

equivalent level of safety will be achieved by keeping the Operator’s Manual

documents at the ground control point where the Pilot in Command (PIC) flying the

sUAS will have immediate access to assure airworthiness.

The FAA has issued numerous exemptions to this regulation. Examples of such exceptions

include: #9565, #9665, #9789, #9789A, #9797, #9797A, #9816A, and #10700.

14 C.F.R. Section 45.23(b): Aircraft Marking and Identification Requirements

We are seeking an exemption from the aircraft marking and identification requirements of 14

C.F.R. Section 45.23(b).  We believe this exemption is justified because the proposed sUAV has

no entrance to a cabin, cockpit, or pilot station on which the required words could be placed.  

Also the required size of the letters being 2” – 6” high exceeds the available space on the

PHANTOM 2 and INSPIRE 1.  Due to these limitations, we request relief from the associated

marking and identification requirements of Section 45.23(b).

Equivalent Level of Safety

We propose an equivalent level of safety for exemptions to the aircraft marking and

identification requirements of §§ 45.23(b) by having the PHANTOM 2 and INSPIRE 1 identified

on the aircraft 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 with the

largest lettering possible.  Additionally, Shutter Pilots will ensure compliance with any future

requests of sUAS marking by the FAA.

The FAA has issued the following exemptions to the aircraft marking requirements of Section

45.23(b): #10700, #8738, #10167 and #10167A.

14 C.F. R. Section 61.113(a) and (b): Private Pilot Privileges and Limitations: Pilot in Command  

We are seeking an exemption from private pilot regulation on the basis that the PHANTOM 2

and INSPIRE 1 will be operated within controlled and restricted areas, and all flights will be

planned and coordinated in advance, thus making a commercial pilot certificate unwarranted.  
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Additionally, the skills required to fly a sUAS such as the ones proposed by Shutter Pilots are

considerably different than the skills required of a certified commercial pilot.  

Furthermore, Section 61.113(a) limits private pilots to being in command of non‐commercial

flights. Section 61.113(b) provides for exceptions that allow a private pilot to command an

aircraft without passengers or property, in connection with business or employment if "the

flight is only incidental to that business or employment." This exception likely does not apply to

the proposed operations under this petition for exemption since the flights are not incidental to

the proposed aerial photography and video, but rather essential to it. Therefore, this petition

seeks an exemption to § 61.113(a)'s commercial limitation and/or § 61.113(b)'s requirement

that the flight be incidental to the business to benefit from the exception.

Equivalent Level of Safety

Since our PHANTOM 2 and INSPIRE 1 aircraft will not carry a pilot or passengers, the proposed

operations can achieve the equivalent level of safety to § 61.113 (a) and (b), by requiring the

PIC operating the sUAS to have training on operating the sUAS as defined in the PHANTOM 2

and INSPIRE 1 operations’ manuals (Attachments C and E) and Pilot Training and Safety Guides

(Attachments D and G).

Unlike a conventional aircraft that carry a pilot and passengers, the PHANTOM 2 and INSPIRE 1

are remotely controlled with no passengers on board. Furthermore, the risks associated with

the operation of these sUAS are greatly reduced from the level of risk associated with

commercial flight operations involving full‐sized aircraft.   

Lastly, Shutter Pilot’s PIC will have the final authority to abort any flight operation in the

interest of safety.  Abort signals will be determined ahead of time along with the observer.  In

the event of signal loss, power loss, or mechanical failure, the PIC will keep the safety of

property and people as the highest priority.  The aircraft may be crashed, or destroyed, in the

attempt to maintain safety.  

14 C.F. R. Section 91.7(a): Civil Aircraft Airworthiness

We are seeking an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be

certified in an airworthy condition to be operated. Since there is currently no airworthiness

certificate to be issued for the proposed sUAS, no FAA regulatory standard currently exists for

determining airworthiness.  

Equivalent Level of Safety

An equivalent level of safety will be provided by following the proposed sUAS operation’s

manuals for maintenance.  Furthermore, the PIC will conduct thorough pre‐ and post‐flight

checklists (Attachment B) to assure airworthiness of the aircraft.  The FAA has issued the

following exemptions to this regulation: #8738, #9299, #9299A, #9565, #9565B, #10167,

#10167A, #10602, #32827, and #10700.
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14 C.F. R. Section 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft

We are seeking an exemption from Section 91.9(b)(2) which requires a flight manual be carried

onboard all civil aircraft.  Given its small size and load capacity, the proposed sUAS (PHANTOM

2 and INSPIRE 1) have no ability to carry such a manual on the aircraft itself, not only because

there is no pilot on board, but because there is simply no room to carry such an item on the

proposed aircraft.

Equivalent Level of Safety

This requirement can be equally satisfied by keeping a copy of the sUAS (PHANTOM 2 and

INSPIRE 1) operations/user manuals at the ground control point where the pilot flying the sUAS

will always have immediate access to these documents. Thus, we request an exemption from §

91.9(b)(2)'s flight manual requirements, on the basis that the sUAS manuals be available at the

control point during each operation.  The FAA has issued the following exemptions to this

regulation: #8607,#8737, #8738, #9299, #9299A, #9565, #9565B, #10167, #10167A, #10602,

#32827, and #10700.

14 C.F. R. Section 91.103(b): Preflight Action

We are seeking an exemption from Section 91.103, which requires a PIC to become familiar

with specific information before each flight, including information contained in the FAA‐

approved Flight Manual on board the aircraft. Since an approved FAA flight manual is not

available for the proposed sUAS, an exemption is being sought.

Equivalent Level of Safety

An equivalent level of safety will be provided by adopting and conducting a comprehensive pre‐

flight checklist as part of each flight (Attachment B). The PIC will take all actions, including

reviewing weather, flight battery requirements, landing and takeoff distances, and aircraft

performance data, before initiating any and all flights. Furthermore, a briefing will be

conducted by the PIC with the visual observer/camera operator and all others involved in the

production activities.  

14 C.F.R. Section 91.109: Flight Instruction

We are seeking an exemption from 14 C.F.R. § 91.109, which provides that no person may

operate a civil aircraft (except a manned free balloon) that is being used for flight instruction

unless that aircraft has fully functioning dual controls. Remote‐controlled aircraft, by their

design, do not have fully functional dual controls as a norm. Instead, flight control is

accomplished through the use of a control unit that communicates with the sUAS via radio

frequencies.  Duel control is technically feasible, but not standard for sUAS.
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Equivalent Level of Safety

Given the relatively small size and slow speed of the proposed sUAS, an equivalent level of

safety training and flight instruction can still be performed without dual controls because no

pilot or passengers are aboard the sUAS, and all persons will be a safe distance away should the

sUAS experience any difficulties during flight instruction.

The FAA has approved exemptions for flight training without fully functional dual controls for a

number of aircraft and for flight instruction in experimental aircraft. A representative sampling

of such exemptions include #5778K & #9862A.  

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

We are seeking an exemption from the minimum safe altitude requirements of 14 C.F.R. §

91.119. This section establishes the minimum safe altitudes under which aircraft may not

operate, including 500 feet above the surface and away from any person, vessel, vehicle, or

structure in non‐congested areas. Section 91.119(d) already allows helicopters to be operated

at less than the minimums prescribed, assuming the pilot operating the helicopter complies

with routes and altitudes assigned for helicopters by the FAA.

We anticipate that our sUAS will routinely need to be operated within a range of approximately

50 ‐ 100 feet from the subject(s) being photographed or recorded. Accordingly, due to the

nature of our proposed operations, the PIC and the designated observer may, at times, be less

than 500 feet away from structures during the operation, and an exemption is therefore

required.  Lastly, we will operate our sUAS below 300 feet above ground AGL at all times.

Equivalent Level of Safety

When compared with flight operations involving aircraft weighting more than the maximum 55

lbs., along with the lack of flammable fuel, any risk associated with our proposed operations are

far less than those presently conducted with conventional aircraft.  

A comparable level of safety will be achieved based on the small size, light weight, and

relatively slow speed of our proposed sUAS, as well as the controlled locations where the

aircraft will be operated. Our PHANTOM 2 and INSPIRE 1 will routinely be operated in a

restricted area, where people will not be exposed to operations without their pre‐approved

consent. No flight will be taken without the permission of the property owner and/or local

officials. Because of the advance notice to the property owner and participants, all affected

individuals will be aware of the planned flight operations. Furthermore, by operating at such

low altitudes, our proposed sUAS will not interfere with other aircraft that are subject to the

minimum safe altitude regulations.
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14 C.F. R. Section 91.121: Altimeter Settings  

We are seeking an exemption from 14 C.F.R. Section 91.121, which requires a person operating

an aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to

the elevation of the departure airport or barometric pressure. We are requesting an exemption

to this requirement because the proposed sUAS does not have a barometric altimeter.  Instead,

the PHANTOM 2 and INSPIRE 1 use GPS‐based altitude display systems.

Equivalent Level of Safety

An equivalent level of safety will be achieved by following the procedures contained in the

PHANTOM 2 and INSPIRE 1 Operation’s Manuals (Attachment C and E). As prescribed in these

Manuals, the operator will confirm the altitude of the launch site shown on the GPS altitude

indicator before flight. Furthermore, the PIC will use the GPS altitude indicator to constantly

monitor the sUAS’s height, thus ensuring operation at safe altitudes.

14 C.F. R. Section 91.151(a): Fuel Requirements for Flight in VFR Conditions  

We are seeking an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for flights

conducted under visual flight rules (VFR) conditions.  Unlike civil aircraft, the proposed sUAS is

battery‐powered, not fuel powered.  Therefore, the requirements under Section 91.151(a) are

not applicable to the PHANTOM 2 or INSPIRE 1 aircraft.  The battery powering the proposed

sUAS only has approximately 20‐30 minutes of powered flight, therefore an exemption from

the 30‐minute reserve requirement is necessary. Additionally, we are not planning, nor

proposing to fly our PHANTOM 2 or INSPIRE 1 at night.

Equivalent Level of Safety

An equivalent level of safety will be achieved by limiting our flights to under 25 minutes or 30%

of battery power, whichever happens first.  The proposed sUAS is programmed to automatically

issue two “low battery” alerts – one at 30% power and one at 15% power. We will land either

before or upon hearing the first alert that is issued at 30% power remaining.  This restriction

will be more than adequate to return our sUAS to its planned landing zone from anywhere

within its limited operating area. Operating the PHANTOM 2 and INSPIRE 1 with less than 25

minutes of reserve battery does not compare to the type of risks that Section 91.151(a) was

intended to alleviate given the size and speed of the sUAS. Furthermore, operation will be

limited to controlled areas where only people and property owners, or official representatives

who have signed waivers, will be allowed.

This request for exemption falls within the scope of prior exemptions. A representative sample

of such exemptions include: #10673, #2689F, #5745, #10673, and #10808.
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14 C.F. R. Section 91.405(a), 407(a)(1), 409(a)(2), 417(a) & (b): Maintenance Inspections

We are seeking an exemption from the maintenance inspection requirements of 14 C.F.R. §§

91.405(a); 91.407(a)(1); 91.409(a)(2); 91.417 (a) & (b). These regulations specify maintenance

and inspection standards are only applicable to aircraft with an airworthiness certificate.  Since

the proposed sUAS will not have such a certificate, an exemption to this regulation is required.  

Equivalent Level of Safety

An equivalent level of safety will be achieved because maintenance and inspections will be

performed in accordance with the PHANTOM 2 and INSPIRE 1 Operation’s Manuals. As

provided in these manuals, the operator will ensure that the proposed sUAS aer in proper

working condition prior to initiating flight.   

We will routinely perform required maintenance and keep a log of any maintenance required.

As the operator, we are most familiar with the aircraft and best suited to maintain the aircraft

in an airworthy condition to provide the equivalent level of safety.

If mechanical issues arise, our sUAS will land immediately. Additionally, the UA's small size,

carrying capacity, and the fact that flight operations will only take place in restricted areas for

periods of time not to exceed 25 minutes or until 30% battery power remains, create less risk

than the same factors associated with conventional fixed‐wing aircraft and rotorcraft

performing the same operation.

How Shutter Pilots Request will benefit the Public as a Whole:

Granting Shutter Pilot’s exemption will benefit the overall public interest in the following ways:

 It will fill an emerging need in society for the provision of 2D and 3D aerial imaging

services that provide businesses and professionals with realistic visualizations of

both past and projected scenes.  For example, it will provide numerous industries

with new and innovative ways to visualize their property development projects ‐‐ 

whether it’s for construction projects, historical preservations, accident

investigations or other yet‐to‐be determined needs.

 The use of 2D and 3D modeling, animation and rendering has been used for decades

in manufacturing, product development and creative services.  As these visually‐

advanced techniques are combined with aerial imaging, Shutter Pilots will enhance

the quality of the tools and outcomes available to clients in need of such services.

 The work products which will be produced by Shutter Pilots will provide other aerial

imaging companies with examples for how they too can fill this emerging need. The

provision of 2D and 3D solutions using aerial imagery will continue to grow as the

FAA opens the door to other aerial imaging providers who abide by high standards

of safety and quality.
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Beyond the specific benefits associated with providing 2D and 3D solutions using aerial

imagery, the granting of Shutter Pilot’s exemption request will also provide the following

general public benefits:

 The operation of ultra‐light, UAS aircraft significantly improves public safety and

reduces risks by alleviating human exposure to the dangers associated with current

aerial image capture methods ‐‐ namely, full‐size helicopters. The public's interest is

also advanced by reducing human exposure to death or serious injury associated

with manned aircraft performing such services.

 The light‐weight UAS aircraft proposed by Shutter Pilots are battery powered. Thus,

unlike civil aircraft, they create no emissions. Furthermore, if a small UAS such as the

one proposed by Shutter Pilots would crash, there would be no fuel to ignite or

explode. With these factors in mind, the public's interest is advanced by minimizing

the ecological impact of an accident and by reducing human exposure to potentially

harmful emissions associated with manned aircraft.

 There is also a financial benefit to the public.  Current methods of capturing aerial

imagery are expensive, and oftentimes cost‐prohibitive for many individuals and

organizations.  Granting exemptions such as the one proposed by Shutter Pilots will

make such services affordable to a wider group of prospective customers.

 Approval will help fulfill Congress' goal in passing Section 333 of the Reform Act,

namely, the FAA Administrator's assessment of whether certain UAS may operate

safely in the National Airspace System before completion of the rulemaking required

under Section 332 of the Reform Act.

 Lastly, the current methods of capturing aerial imagery are limited in terms of

accessing certain spaces.  For example, flying traditional aircraft at low levels or in

populated areas puts the general public at increased risks of harm.  The small UAVs

such as the PHANTOM can fly safely in populated areas under controlled situations.
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Reasons why Shutter Pilots Exemption will not adversely Affect Safety, or how

the Exemption will Provide a Level of Safety at least Equal to the Existing Rule

Shutter Pilots offer the following summary of its proposed operations to ensure, at a minimum,

an equivalent level of safety to operations conducted under current regulatory guidelines.

Pilot in Command (PIC) and Visual Observer (VO)

All members of Shutter Pilot’s flight crew, including PIC and VO, will have an understanding of,

and comply with, Title 14 Code of Federal Regulations, and/or Agency directives and

regulations, applicable to the airspace where the sUAS will operate.  More specifically:

 Minimum crew for each operation will consist of two operators: the UAS pilot in

command (PIC) and a visual observer (VO).

 All flights will be conducted within visual line‐of‐sight (VLOS) of the pilot in

command (PIC), as well as the visual observer, and will not create a hazard to users

of the National Airspace System (NAS) or the public.

 The sUAS pilot will be the Pilot in Command (PIC). Shutter Pilots will require its PIC

to be a FlySafe certified pilot.  

 As a FlySafe certified operator, Shutter Pilot’s PIC will log a minimum of 8 flights per

month to maintain proficiency.  If weather or other conditions prohibit this level of

flight time, the PIC will fulfill the requirement by use of a computer simulator

(RealFlight 7.0 software with controller).

 As a FlySafe certified operator, Shutter Pilot’s PIC will maintain membership in the

Academy of Model Aeronautics (AMA) organization, which will include no less than

$1 million general liability coverage involving any property or personal incidents.

 A briefing of the flight crew will be conducted by the PIC in regards to the planned

sUAS operations prior to each flight. It will be mandatory that all personnel who will

be performing duties within the safety perimeter be present for this briefing.

 The UAS pilot and visual observer will have been trained in operation of the

PHANTOM 2 and INSPIRE 1 generally, and will have received up‐to‐date information

on the particular sUAS to be operated, as required in the Operations Manuals.

 The PIC and VO will be able to communicate verbally at all times.

Operations of sUAS

 The sUAS will remain clear and yield the right of way to all other manned aviation

operations and activities at all times.

 Flights will be operated at an altitude of no more than 300 feet above ground level,

and the radius distance from the controller to the sUAS will not exceed 1,000 feet.

 The sUAS will stay at least 100 feet away from people, animals, buildings, structures

and vehicles not involved in the project operation.

 The PHANTOM 2 and INSPIRE 1 will be operated under normal conditions, only

during daylight hours, at speeds of 5 to 30 knots.
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 If the sUAS loses communications or loses its GPS signal, it will return to a pre‐

determined location within the planned operating area or be recovered.

 The sUAS PIC must abort the flight in the event of unpredicted obstacles or

emergencies in accordance with Shutter Pilot’s safety guidelines.

 Maximum total flight time for each operational flight will be 25 minutes. Flights will

be terminated at 30% battery power reserve should that occur prior to the             

25‐minute limit.  Additionally, a minimum of one reserve battery will be kept fully

charged and available at all times.

 The pilot will establish takeoff and landing zones by a space no smaller than ten (10)

feet by ten (10) feet, and clear of overhead and lateral obstructions.  The PIC will

also check the area to determine if there are any potential radio frequencies or

electrical transmissions that could interfere with the safe operation of the aircraft.  

 Written and/or verbal permission from the relevant property holders will be

obtained while gathering digital imagery.

 All required permissions and permits will be obtained from territorial, state, county

or city jurisdictions, including local law enforcement, fire, or other appropriate

governmental agencies.

 A log book will be kept for each flight to document routine matters such as the flight

date, purpose, weather conditions and any maintenance issues or unexpected

adverse incidents.  

 The pilot will operate the PHANTOM 2 and INSPIRE 1 in safe environments that are

strictly controlled, away from power lines, lights, airports and populated areas.

 The pilot will contact respective airports if operations will be within 5 nautical miles

to advise them of the location, estimated flight time and elevation of flight.

 All operations will be conducted over private or controlled‐access property with

permission from the landowner or authorized representative.

 We will obtain a Certificate of Waiver for Authorization (COA) before conducting any

operations.  Shutter Pilots will also request a Notice to Airmen (NOTAM) when

required between 48 to 72 hours prior to the operation.  

 Any incident, accident or flight operation that transgresses the lateral or vertical

boundaries of the operational area as defined by the applicable COA will be reported

to the FAA’s UAS Integration Office (AFS‐80) with 24 hours.  Accidents will be

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

contained on the NTSB website: www.ntsb.gov.

Maintenance of sUAS

 Prior to each flight, the PIC will inspect the sUAS to ensure it’s in a safe condition for

flight. If the inspection reveals a condition that affects the safe operation of the sUAS,

the aircraft will be prohibited from operating until the necessary maintenance has been

performed. The Ground Control Station will be included in the preflight inspection. All

maintenance and alterations will be properly documented in aircraft records.
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 Any sUAS that has undergone maintenance or alterations that affect the sUAS operation

or flight characteristics will undergo a functional test flight. The PIC who conducts the

functional test flight will make an entry in the sUAS aircraft logbook of the flight.

 Shutter Pilots will follow the manufacturer’s sUAS aircraft/component, maintenance,

overhaul, replacement, inspection and life limit requirements.

Shutter Pilots safety protocols will provide a level of safety at least equal to existing rules and,

in some instances, greater than existing rules.  

A summary the FAA may publish in the Federal Register:

Shutter Pilots, Inc., requests an exemption from Part 21 and §§ 45.23(b), 61.113(a) and (b),

91.7(a), 91.9(b)(2), 91.103(b), 91.109, 91.119, 91.121, 91.151(a), 91.203(a) and (b), 91.405(a),

91.407(a)(1), 91.409(a)(2), and 91.417(a) and (b) of Title 14, Code of Federal Regulations.

The proposed exemption will allow Shutter Pilots to operate its small, unmanned aerial systems

(sUAS) as a safe and cost effective means of capturing digital imagery (still photographs and

video footage) in providing two‐dimensional (2D) and three‐dimensional (3D) visualization and

animation services to support various industries including, but not limited to, property

development, historic preservation and accident reconstruction.  These specialized services

include, but would not be limited to, the following examples:

 Providing property developers, engineers and architects with a new way to pre‐

visualize their construction projects by adding 2D and 3D building models to aerial

images and videos.

 Providing historians, curators and tribal nations (e.g., Alaska Native and American

Indian tribes) with a new way to visually recreate archeology sites, historic events or

other occurrences of past significance.  

 Providing insurance and legal professionals with a new way of reconstructing

accident scenes using 2D and 3D aerial simulations.

All proposed aerial imaging operations would be conducted by Shutter Pilots under controlled

conditions in airspace that is: 1) limited, 2) predetermined, and 3) access controlled.

Additional Background Information to Support Shutter Pilot’s Request:

Shutter Pilots, Inc., is a small, minority‐owned company incorporated in the State of North

Dakota.  The company’s mission is to provide innovative aerial imaging solutions that inspire

and advance the efforts of its clients and affiliates.  The principal owner, Mike Mabin, is an

enrolled member of the Turtle Mountain Band of Chippewa Indians and a long‐time marketing

and communications professional.   
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Having practiced photography, filmmaking and video production as both a hobby and a career

for the past 40 years, Mabin has gained much recognition throughout North Dakota and

beyond for his expertise in these fields.  In recent years, he’s also become well known for his

recreational interests and experience in flying remote‐controlled aircraft including a DJI

Phantom II Vision+ and a DJI Inspire 1.

As a result of his background, Mabin has received numerous requests to capture aerial photos

and videos for both personal and business‐related purposes.  These requests have increased

exponentially this past year as a result of the following developments:

 In the fall of 2014, Mabin attended a UAV/UAS conference and passed a written exam

and flight test to become a FlySafe Certified UAS Pilot.  This accomplishment was

covered as a news story in several area publications, including The Bismarck Tribune and

local Chamber of Commerce newsletter.

 In December of 2014, Mabin and a colleague were asked to present a workshop on the

topic of “Aerial Image Capture” at the 2015 Dakota Digital Film Festival.  This talk

resulted in a feature story running in The Bismarck Tribune on January 25, 2015, titled

“Drones Give Film a New View Point.” (http://bismarcktribune.com/news/local/drones‐

give‐film‐a‐new‐viewpoint/article_c709ddce‐a750‐5e7e‐b291‐ba930f8cd781.html)

 Stories about drones are in the news almost daily at all levels – local, national and

international.  This increased media exposure has heightened the public’s interest in the

topic, as well as a desire to find ways to put the technology to use for their purposes.  

Out of recognition and respect for the FAA’s regulations that prohibit the use of UAVs for

commercial purposes, Mabin and his associates have declined all requests for hire or

compensation.  Instead, they’ve offered to shoot photos or footage on a selective basis at no

charge based on the approved projects needing to follow safety and procedural standards

similar to those proposed in this exemption request.  

Examples of the projects they’ve accepted on an amateur, no cost basis have included the

following requests from reputable organizations:

 A local church planning to build a new high school and wanting to show potential donors

where the new facility will be located and what it might look like once it’s built

 A North Dakota state park desiring to capture video of a historical site and recreate a

scene of what an Indian village looked like several hundred years ago

 A regional medical center wanting to capture pictures of a facility expansion project

 A regional zoo desiring to show an aerial video and 3D illustration of a proposed exhibit

featuring Penguins and other exotic animals

 A Native American architect wanting to depict an aerial view of a planned expansion of a

cultural center
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These and other similar requests have prompted Mabin and his partners to seriously pursue

aerial imaging, coupled with 2D and 3D visualization services, as an emerging business

opportunity.  The team doesn’t consider this endeavor to be a new or passing fad.  Instead, it

has been a process in the making for a very long time.   

Mabin’s passion for photography began in 1974 after taking an audio‐visual class in high school.  

This experience led him to a decision to pursue photography as a career.  He attended the

Minneapolis College of Art & Design where he majored in film and video production.  He then

sought and received a Bachelor’s degree in Mass Communications and a Master’s degree in

Management from the University of Mary, Bismarck, North Dakota.  

After graduating from college, Mabin worked for over 20 years as the Director of Marketing &

Communications for a regional healthcare system.  Then, in 2001, he acted on a long‐time

dream to start a business.  His company is called Marketing & Advertising Business Unlimited,

Inc. (MABU).  With offices in both North Dakota and Virginia, MABU currently employs nearly

two dozen graphic designers, creative writers, web developers and multimedia coordinators.

Having turned one passion into a career, Mabin also pursued another passion as a hobby ‐ that

being remote‐controlled model aircraft.  As an avid and long‐time aviation enthusiast, he’s

flown various remote‐controlled aircraft, including over 100 hours of flight time with the

proposed sUAS.   

As a member of the Academy of Model Aeronautics, Mabin and his partners are committed to

following the National Model Aircraft Safety Code (Attachment A).  The team is also committed

to continually advancing their knowledge and skills, as evidenced by Mabin’s attendance at the

2014 UAV/UAS FlySafe Conference where he became a certified FlySafe pilot after passing a

written and practical flight exam.

Mabin is joined in the business by two other managing partners.

 His oldest son Alexander Mabin currently runs MABU’s satellite office in

Fredericksburg, Virginia.  As MABU’s Executive Vice President, he serves as a Senior

Project Manager for our clients in the Washington, DC area including the U.S.

Departments of Defense, Justice and Treasury, as well as the Smithsonian Institution

and the National Congress of American Indians. Having graduated with a Bachelor’s

degree in International Studies, he was previously employed as a Senior Consultant

with Booz Allen Hamilton’s Government Division, advising high‐level officials on

financial and analytic decisions.  

 The other partner in Shutter Pilots is Ed Sargeant.  His broad‐based experience

includes working as a Technical Director in visual effects for several Hollywood

movies, most notably Harry Potter & the Goblet of Fire and Batman Begins.  

Sargeant earned a Master of Arts in Drawing from Camberwell College of Art in
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London, as well as a Bachelor of Arts in Computer Visualization and Animation from

Bournemouth University, England. Sargeant currently serves as MABU’s Director of

Multimedia Solutions.  Prior to joining MABU, he was an Instructor at Rasmussen

College, Bismarck, ND, where he taught graphic design, multimedia production, e‐

learning tools, web development, and 3D/2D modeling and animation.

Mabin and his partners anticipate providing services primarily in North Dakota and surrounding

states; however, over time, future requests may necessitate providing services across the

nation and beyond, including Canada.  Our headquarters are located within 2 hours of the

Canadian border.  If assignments take us to Canada, we will abide by Transport Canada’s

regulations governing small, unmanned aircraft (Attachment H).

The Shutter Pilots team is committed to positively advancing the aerial imaging industry.  They

are experienced business professionals looking to meet an emerging market need.  They desire

to do so in full compliance with all government laws and regulations, thus assuring the highest

standards of safety and quality.

Respectfully Submitted,

Michael J. Mabin, President

Shutter Pilots, Inc.