September 18, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Petition of Aerial Photography for an Exemption Pursuant to Section 333 of the FAA 

Modernization and Reform Act of 2012

Director: Flight Standards Service:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 ("Reform Act") and 

14 C.F.R. Part 11, Aerial Photography (“Shorts Aerial Photography”) hereby applies for an 

exemption from the Federal Aviation Regulations ("FARs") identified below to allow 

commercial operation of small unmanned aerial vehicles (i.e., "small unmanned aircraft" or 

"UAS") for the purpose of conducting aerial photography, videography, commercial art, stock 

video footage, location scouting and 3D compositing of residential and commercial real estate

for related real estate and construction industries.

This petition for exemption is made based on information outlined in this Petition for Exemption, 

as well as the accompanying Shorts Aerial Photography documents;

1. PIC Flight Operations Manual and;

2. Operations Manuals 

(Collectively 2 and 3 are referred to as Documents & Manuals")

3. User Guide and;

4. Flight Manual1 

(Collectively 3 and 4 are referred to as "Manufacturer's Manuals").

Shorts Aerial Photography submits these supporting materials as confidential documents 

pursuant to 14 C.F.R. § 11.35(b), as the materials contain confidential commercial and/or 

proprietary information that Shorts Aerial Photography has not and will not share with other 

requesting parties. Additionally, these documents contain operating conditions and procedures 

that are not generally available to the public and are protected from release under the Freedom of 

Information Act, 5 U.S.C. § 552 et. seq.

For your convenience, this Petition is organized as follows:

 

1

. The term "Manufacturer's Manual" also includes all relevant manufacturer publications, including, but not limited 

to: operations and flight manuals, user guides, component maintenance manuals, pilot training manuals, service 

information letters and, safety/service bulletins.
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I. Description of Petitioner

II. Description of Proposed Operations

A. Aerial Real Estate Videography, Photography and 3D Compositing

III. Relevant Statutory Authority

IV. Shorts Aerial Photography’s Proposed UAS Operations Meet the

Requirements of Section 333 of the Reform Act

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and Operational 

Capability

B. Approval is Warranted Based on the Operational Restrictions Set Forth in the 

Operations Manuals

V. Regulations From Which Exemption is Requested

A. 14 C.F.R. Part 21, Subpart H – Airworthiness Certificates and 14 C.F.R. § 

91.203(a)(1)

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft

C. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification 

Requirements

D. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): 

Maintenance Inspections

E. 14 C.F.R. Part 61, 14 C.F.R. § 61.3, 14 C.F.R. § 61.113: Private Pilot Privileges and 

Limitations

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

G. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 14 C.F.R. § 

91.203(a) and (b): Carrying Civil Aircraft Certification and Registration

H. 14 C.F.R. § 91.103: Preflight Action

I. 14 C.F.R. § 91.109(a): Flight Instruction

J. 14 C.F.R. § 91.119(c): Minimum Safe Altitudes

K. 14 C.F.R. § 91.121: Altimeter Settings

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

V1. Drug and Alcohol Program

VII. Public Interest

VIII. Privacy

IX. Federal Register Summary

X. Conclusion
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I. DESCRIPTION OF PETITIONER

Shorts Aerial Photography Productions, LLC, is based in Jupiter, FL working in real estate 

photography and videography services. The Company specializes in, and will continue to focus 

on, the photography and videography of property and real estate for sales purposes as well as 

property mapping, inspections, and 3D compositing. The Company’s Principal and Chief Pilot 

Ken Short has 33 years experience in military jet rocket engine performance analysis, including 

system simulation and software development. He has over ten years experience with fixed-wing 

radio controlled model aircraft and two years experience flying UAV Quadcopters as a hobby 

without incident, spending thousands of hours flying. 

Upon the grant of the 333 Exemption the Company’s business will specialize in real estate 

photography and videography of residential, commercial and industrial for the promotion of 

properties for sale and land development and additionally will offer services for property 

mapping, inspections and 3D compositing.

Shorts Aerial Photography’s staff are well trained and experienced in providing support as visual 

observers (“VO”) for the pilot in command (“PIC”) in addition to any other needed on site 

assistance.

All of the equipment owned by Shorts Aerial Photography is of the highest quality gear and has

been able to provide these services safely and without any claims or incident. Shorts Aerial

Photography’s goal is to advise the perspective client that Shorts Aerial Photography is following 

all the applicable state and federal rules to ensure the safety of the public while providing the 

client with a competitive and cost effective product.

Shorts Aerial Photography seeks an exemption to allow for photography, videography and other 

related media products.

The contact information for Petitioner is as follows:

Ken Shorts

Shorts Aerial Photography Productions, LLC

10890 Deer Moss Trail

Jupiter, Florida 33469

Phone: 561.747.5091

Email: kmshorts@att.net

II. DESCRIPTION OF PROPOSED OPERATION

Shorts Aerial Photography seeks an exemption pursuant to Section 333 of the Reform Act to 

operate the DJI Phantom 3; DJI Inspire and 3D Robotics Solo (referred to SAP-UAS ) (under 

55lbs) for the proposed operations discussed herein below. All UAS operations will occur under 

tightly controlled conditions on private property where Shorts Aerial Photography has received 

verifiable permission to operate from the landowner, controller or authorized representative. The 

proposed UAS operations will be conducted in accordance with the conditions and limitations of 

this Petition for Exemption and Shorts Aerial Photography’ Operations Manuals. As detailed in

Shorts Aerial Photography’s Operations Manuals, all UAS operations will be limited to daytime 
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VFR conditions, within visual line-of-sight ("VLOS") of the operator, in uncontrolled airspace, 

and will occur at least 5 mm away from an airport reference point. Moreover, Shorts Aerial

Photography’s Operations Manuals incorporate redundant safeguards to assure the aircraft does 

not travel outside the controlled area of UAS operations, including GPS "geo-fencing" 

technologies.

A. Real Estate Aerial Photography. Videography, Mapping and Inspection 

Service

Shorts Aerial Photography seeks to use small SAP-UAS for the purpose of conducting aerial 

photography, videography, mapping and inspection services for the real estate industry. Shorts 

Aerial Photography has purposefully tailored its operations to meet the requirements established 

by the FAA in prior grants of exemption authorizing commercial use of UAS in the real estate

industry, including:

 Trudeau, Realtor® (Exemption No. 11138)

 Alon Sicherman (Exemption No. 11728)

 Sokoler Medly (Exemption No. 11341)

All UAS real estate photography and videography operations will occur on private property in a 

controlled area away from spectators and persons not involved in the recording process. In 

addition, the filming will be conducted between dawn and dusk to ensure maximum safety for 

the public and those involved in the manipulation and operation of the UAS; VFR conditions, at 

altitudes below 400' above ground level (“AGL”). 

As set forth below, Shorts Aerial Photography’s operations provide an equivalent level of safety 

which is superior to performing the same work using conventional fixed-wing aircraft or 

helicopters.

Small UAS real estate video production is also safer than traditional manned aircraft 

performing the same function. Videographer-inspectors also frequently need to climb roof 

tops, trees, or otherwise perform elevated work, which exposes them to the risk of dangerous 

falls, electrocution or other work related injuries. In addition, depending on the nature of the 

video needed and inspection, proximity to equipment, and other mechanical hazards associated 

with industrial sites and construction facilities often involves a risk of exposure to hazardous

conditions. The use of SAP-UASs mitigates these hazards and is ultimately a much safer and 

cost efficient method of performing these and most other types of inspections.

Moreover, conventional operations using rotorcraft and fixed-wing aircraft in low level 

operations present risks associated with vehicles weighing tens of thousands of pounds 

(including payload) and carrying large amounts of fuel which inherently presents significant fire 

hazards as well as exposure to other chemical contaminates. It is important to note the use of 

small UAS in this area will not only be safer and more cost effective to the perspective user or 

purchaser of the service, but the quality and expanse of acquired information will be far more 

robust given the low cost associated with its acquisition and other potential consumers an 

inexpensive product.
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UAS real estate video production is more reliable, and allows for the collection, dissemination, 

and storage of visual and other sensory data with greater precision and duration at a very low 

cost. Small UASs will also be capable of accessing and inspecting areas that would otherwise be 

inaccessible or highly dangerous using conventional aircraft or other inspection methods.

III. RELEVANT STATUTORY AUTHORITY

This Petition for Exemption is submitted pursuant to Section 333(a) through (c) of the

FAA Modernization and Reform Act of 2012 ("Reform Act"). Congress has directed the FAA

"to safely accelerate the integration of civil unmanned aircraft systems into the national airspace 

system." Pursuant to Section 333 of the Reform Act, the FAA Administrator is to permit 

unmanned aircraft systems to operate in the National Airspace Systems ("NAS") where it is safe 

to do so based on the following considerations:

● The UAS's size, weight, speed and operational capability;

● Operation of the UAS in close proximity to airports and populated areas; and

● Operation of the UAS within the visual line of sight of the operator.

Additionally, the FAA Administrator has general authority to grant exemptions from the agency's 

safety regulations and minimum standards when the Administrator decides a requested 

exemption is in the public interest. See 49 U.S.C. § 106(f) (defining the authority of the

Administrator); 49 U.S.C. § 44701(f) (permitting exemptions from §§ 44701(a), (b) and

§§ 44702 – 44716, et seq.). A party 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 (or 

how it would provide a level of safety at least equal to the existing rules). See 14 C.F.R. § 11.81 

(petitions for exemption).

IV. SHORTS AERIAL PHOTOGRAPHY’S PROPOSED SAP-UAS OPERATIONS 

MEET THE REQUIREMENTS OF SECTION 333 OF THE REFORM ACT

The small SAP-UAS operations proposed by Shorts Aerial Photography as noted above in this 

Petition for Exemption qualify for expedited approval pursuant to Section 333 of the Reform Act 

as each of the statutory criteria and relevant factors are satisfied.

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and

Operational Capability

A Grant of Exemption is appropriate for operations conducted using the UASs due to their size 

weight, speed, and operational capability.

 The SAP-UAS utilized by Shorts Aerial Photography has been approved for use 

in prior Section 333 Grants of Exemption from the FAA.2

 

2See e.g., Grant of Exemption to Trudeau, Realtor® (Exemption No. 11138); Grant of Exemption to Alon 

Sicherman (Exemption No. 11728); Grant of Exemption to Sokoler Medly (Exemption No. 11341).
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 The SAP-UAS weighs less than 55 pounds, including payload

 The SAP-UAS will not be flown at a ground speed in excess of 50 knots.

 Altitude information will be generated by equipment onboard the UAS as 

specified using GPS triangulation, digitally encoded barometric altimeter, radio 

altimeter, or any combination thereof. This information will be transmitted to the pilot 

via telemetric data feed.

 The SAP-UAS will have system redundancies and independent functionality to 

ensure the overall safety and predictability of the system. If connection to the remote 

control or ground control station is lost, failsafe systems will permit the UASs to 

return to a predetermined location and safely land without injury or damage.

 The radio frequencies used for operations and control of the SAP-UAS comply 

with the Federal Communications Commission ("FCC") and other appropriate 

government oversight agency requirements. The operating frequency for the SAPUAS is 2.4 GHz frequency bands.

If the same operations were conducted using a helicopter, the aircraft's take-off weight would 

likely exceed 6,000 pounds depending on payload. The difference in weight between the SAPUAS and a helicopter significantly reduces the potential harm to the participating and nonparticipating individuals and/or surrounding property in the event of an unintended accident or 

incident. In addition, the risk to the onboard pilot and camera operator is eliminated.

B. Approval is Warranted Based on the Operational Restrictions Set Forth in

Shorts Aerial Photography’s Operations Manuals

Shorts Aerial Photography’s Operations Manuals and the Manufacturer's Manual for the selected

SAP-UAS will contain all the procedures and limitations necessary to safely and successfully 

perform the operations specified in this Petition for Exemption. To assist the FAA in making a 

safety assessment of Shorts Aerial Photography’s proposed operations, below is a summary of 

operational limitations and conditions that Shorts Aerial Photography will adhere to, and which 

will ensure an equivalent or higher level of safety to operations conducted under current 

regulatory guidelines:

1. The SAP-UAS weighs less than 55 pounds, with payload.

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

verifiable permission from the land owner/controller or authorized representative.

Permission from land owner/controller or authorized representative will be obtained 

for each scheduled flight prior to operation.

3. All UASs operated under the Grant of Exemption will 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 will be as large as 

practicable.
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4. Minimum crew for each flight operation will consist of a pilot, who will be Pilot-in 

Command ("PIC") of the SAP-UAS, and one or more Visual Observers ("Observer") 

as necessary to safely conduct the mission.

5. PICs shall possess either a private, recreational, or sport pilot certificate. The PIC 

must also hold a current Class III 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 government. The PIC will also meet the flight review requirements 

specified in 14 C.F.R 61.56 in an aircraft in which the PIC is rated on his or her pilot 

certificate. 

6. The SAP-UAS shall be operated within VLOS of the PIC and Observer at all times. 

The PIC must use human vision unaided by any device other than corrective lenses, 

as specified on the PIC's FAA-issued medical certificate.

7. The PIC and Observer designated for any operation will be able to communicate 

verbally at all times.

8. Electronic messaging or texting will not be permitted during flight operations.

9. The additional requirements identified in the Grant of Exemption shall be added to 

the Shorts Aerial Photography’s Operations Manuals. The Operations Manuals will be 

maintained and made available to the Administrator upon request. If a discrepancy 

exists between the conditions and limitations in the Grant of Exemption and Shorts 

Aerial Photography’s Operations Manuals, the conditions and limitations in the Grant 

of Exemption shall take precedence and must be followed. Otherwise, Shorts Aerial

Photography shall follow the procedures outlined in their Operations Manuals.

10. Shorts Aerial Photography may update or revise its Operations Manuals. Revisions 

will be tracked and a revised copy of the Manual will be provided to the 

Administrator upon request. Shorts Aerial Photography will also present an updated 

and revised Operations Manuals if it petitions for extension or amendment to its 

Grant of Exemption. If an update or revision would affect the basis upon which the 

FAA grants the exemption, Shorts Aerial Photography will seek an amendment to its 

Grant of Exemption. Shorts Aerial Photography will contact the FAA’s UAS 

Integration Office (AFS-80) if questions arise regarding updates or revisions to the 

operating documents.

11. Shorts Aerial Photography Operations Manuals and its Grant of Exemption will be 

available to the PIC at the ground control station anytime the SAP-UAS is operating.

12. The PIC is prohibited from beginning a SAP-UAS flight unless (considering wind 

and forecast weather conditions) there is enough power to fly to the first intended 

point of landing, and assuming normal cruising speed, to fly after that for at least 10 

minutes.
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13. Maximum total flight time for each operational flight using the SAP-UAS will be 

limited to 40 minutes or the amount of time the UAS can be flown and still maintain a 

reserve battery power of no less than 25%, whichever occurs first.

14. Flights will be operated at an altitude of no more than 400 feet AGL and will never 

enter navigable controlled airspace without timely prior written authorization and 

approval from the FAA. In the event the structure being inspected exceeds 400 feet 

AGL, the UAS will not be operated more than 100 feet above the highest point on the 

structure, and no more than 50 feet horizontally from the structure.

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

persons. (persons other than the PIC, VO, operator trainees or essential 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 and/or;

b. The aircraft is operated near vessels, vehicles or structures where the 

owner/controller of such vessels, vehicles or structures has granted permission 

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, and;

c. Operations nearer to the PIC, VO, operator trainees or essential persons do not 

present an undue hazard to those persons per § 91.119(a).

16. The SAP-UAS 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.

17. The SAP-UAS may not operate within 5 nm of an airport reference point 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 Shorts Aerial Photography COA. The letter of 

agreement with the airport management will be made available to the Administrator 

upon request.

18. Prior to each flight the PIC shall inspect the SAP-UASs to confirm that it is in a 

condition safe for flight. The pre-flight inspection will account for all discrepancies, 

e.g. inoperable components, items, or equipment, not already covered in the relevant 

sections of the operating documents as well as equipment updates. The PIC shall not 

operate any SAP-UASs if the inspection reveals a condition that affects the safe 

operation of the SAP-UAS until the necessary maintenance has been performed and 

the SAP-UAS is found to be in a condition for safe flight. The ground control station 

shall be included in the preflight inspection. All maintenance and alternations must be 

properly documented in the UAS’s records as required by Shorts Aerial

Photography’s Operations Manuals.
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19. Shorts Aerial Photography will timely carry out its maintenance, inspections, and 

record keeping requirements in accordance with the Operations Manuals. 

Maintenance, inspection, and alterations will be fully noted in the SAP-UAS records, 

including total time in service, description of work accomplished, date completed and 

the signature of the authorized person returning the SAP-UAS to service.

20. Any SAP-UAS that has undergone maintenance or alterations that affect the UAS 

operation or flight characteristics (e.g., replacement of a flight critical component) 

must timely undergo a functional test flight in accordance with Shorts Aerial

Photography’s Operations Manuals. 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 SAP-UAS record entry shall be included in 

the Shorts Aerial Photography’s Operations Manuals.

21. The SAP-UAS will be operated and maintained according to the Manufacturer's 

Manuals and any required manufacturer Safety/Service Bulletins and product updates.

22. Prior to the operation, a Mission Packet will be created in accordance with the 

requirements on Shorts Aerial Photography’s Operations Manuals.

23. Shorts Aerial Photography will obtain an Air Traffic Organization ("ATO") issued 

Certificate of Waiver or Authorization, otherwise known as a COA, prior to 

conducting any operations under this Grant of Exemption. A NOTAM will be issued 

as required by the COA. All operations will be conducted in accordance with airspace 

requirements in the ATO issued COA including class of airspace, altitude level and 

potential transponder requirements.

24. 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.

25. If the SAP-UAS loses communication with the PIC, it will have the capability to 

safely return to a pre-determined location within the operational area and land safely.

26. Contingency plans will be in place to safely terminate flight if there is a loss of 

communication between the PIC and the Observer.

27. The SAP-UAS will have the capability to safely abort flight in the case of unpredicted 

obstacles or emergencies.

28. PICs and Observers will have at least a current Class III Medical Certificate or a valid

and current state driver’s license issued within the United States. 

29. Prior to conducting operations for filming, the PIC will have accumulated and logged, 

in a manner consistent with 14 CFR § 61.51(b), a minimum of 200 flight cycles and 

25 hours total time as a UAS rotorcraft pilot and at least 10 hours logged as a UAS 

pilot with a similar SAP-UAS type platform. This requirement can be achieved by 

flights conducted and logged as a hobbyist.
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30. Prior to conducting operations for filming, the PIC will have accumulated and logged, 

in a manner consistent with 14 CFR § 61.51(b), a minimum of hours pursuant to 14 

CFR § 61.51(b) as UAS pilot operating the make and model of SAP-UAS to be

utilized for operations under the exemption and three take-offs and three landing in 

the preceding 90 days.

31. Operations shall occur during daytime VFR Meteorological Conditions; flights under 

special visual flight rules ("SVFR") shall not be conducted.

32. The SAP-UAS shall remain clear and yield the right of way to all other manned 

operations and activities at all times (including, but not limited to, ultralight vehicles, 

parachute activities, parasailing activities, hang gliders, etc.).

33. SAP-UAS Operations under Instrument Flight Rules, at night, or beyond VLOS are 

prohibited.

34. The SAP-UAS will not be operated from an elevated platform or moving 

device/vehicle.

35. Before conducting operations, the radio frequency spectrum used for operation and 

control of the SAP-UAS will comply with the Federal Communications Commission 

(FCC) or other appropriate government oversight agency requirements.

V. REGULATIONS FROM WHICH EXEMPTION IS REQUESTED

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This 

statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under § 

40101 of the Act, including UASs, from its safety regulations and minimum standards when the 

Administrator decides a requested exemption is in the public interest.3

Shorts Aerial Photography seeks an exemption from several interrelated provisions of Title 14 of 

the Code of Federal Regulations ("14 C.F.R") Parts 21, 45, 61 and 91 for purposes of conducting 

the requested operations using SAP-UAS platforms noted above. Listed below are: (1) the 

specific sections of 14 C.F.R for which exemption is sought, and (2) the operating procedures 

and safeguards that Petitioner has established which will ensure a level of safety better than or 

equal to the rules from which exemption is sought.4

UNMANNED AIRCRAFT SYSTEM

A. 14 C.F.R. Part 21, Subpart H – Airworthiness Certificates and 14 C.F.R. 

§91.203(a)(1)

 

3

49 U.S.C. § 44701(f) (authorizing the grant of exemptions from requirements of regulations prescribed pursuant to 

Sections 44701(a) and (b) and Sections 44702 - 44716).

4 14 C.F.R § 11.81(e), which requires a petition for exemption to include: The reasons why granting the exemption 

would not adversely affect safety, or how the exemption would provide a level of safety at least equal to that 

provided by the rule from which you seek exemption.
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The FAA has stated that no exemption is needed from this section if a finding is made under the 

Reform Act that the UAS selected provides an equivalent level of safety when compared to 

aircraft normally used for the same application. These criteria are met and in point of fact 

exceeded, and therefore no exemption is needed. 5 If, however, the FAA determines that there 

are some characteristics of the chosen UAS that fail to meet the requirements of the Reform Act, 

an exemption is requested.

Equivalent Level of Safety

Shorts Aerial Photography’s use of the SAP-UAS is safe when taking into account its size, 

weight, speed, and operational capability. As set forth in the description of proposed operations 

in Section IV (A), the SAP-UAS weighs less than 55 pounds, including payload and will not be 

flown at a ground speed in excess of 50 knots. The SAP-UAS is also equipped with safety 

features which will allow Petitioner to operate the SAP-UAS safely after experiencing certain inflight contingencies or failures as noted below.

6 7

Additionally, the SAP-UAS carries neither pilots nor passengers, carries no explosive materials 

or flammable liquid fuels, or other elements identified by Homeland Security as being 

prohibitive and operate exclusively within the parameters stated in Shorts Aerial Photography’s

Operations Manuals.

Operations conducted under this exemption will be closely controlled and monitored by the PIC 

operator and will be conducted in compliance with local public safety requirements, to provide 

security for the area of operation. Shorts Aerial Photography will also provide the FAA with 

 

5See Grant of Exemption No. 11062 to Astraeus Aerial (FAA-2014-0352 at pgs. 13-14, 22).

6See e.g., Grant of Exemption No. 11184 to Low Country RC, Corp. (FAA-2014-0803 at pg. 3): "The [DJI S1000] 

has the capability to operate safely after experiencing certain in-flight contingencies or failures and uses an autopilot system to maintain UAS stability and control. The UAS is also able to respond to a loss of global positioning 

system (GPS) or a lost-link event with a pre-coordinated, predictable, automated flight maneuver, and manual flight 

control functionality as a backup. These safety features provide an equivalent level of safety compared to a manned 

aircraft performing a similar operation."

7See e.g., Grant of Exemption No. 11184 to VDOS Global, LLC. (FAA-2014-0382 at pgs. 4-5): The SAP-UAS can 

be operated entirely by a touch-screen, map-based interface. This means the operator only needs to command the 

system where to go, and the system does all the flying for the operator. The SAP-UAS can be operated in both semi 

and fully autonomous flight modes, with the operator simply clicking on a map to create a pre-planned flight path 

for a flight. In addition, the operator can create no fly zones or maximum flight ranges and altitudes so the system 

cannot enter areas deemed unsafe or unnecessary to fly over. The petitioner states further that the UAS has built-in 

intelligent fault handling which allows the SAP-UAS to detect a system fault while in the air and automatically fly 

back to its takeoff location and land. Faults that can be detected include: loss of communication; exceeding pre-set 

wind thresholds; and low battery levels.

All flight operations are global positioning system (GPS) controlled, making the system easy to navigate. At any 

point if the operator is not explicitly commanding the system to move, the system automatically holds its GPS

position. The flight control system employs not only GPS positioning but a variety of sensors including sonar, 

barometric pressure, temperature, wind speed and others to ensure stability so long as wind thresholds are not 

exceeded. Also a flight termination link – to prevent a 'fly away' or other potentially dangerous situation – is 

available to the operator."
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advance notice of all operations via NOTAMs as required by the applicable COA. In all cases,

operation of the SAP-UAS under the proposed conditions will be at least as safe as, or safer than, 

conventional rotorcraft operating with an airworthiness certificate. Lastly, the SAP-UAS do not 

need a means to communicate with other aircraft or ATC, because those capabilities will be 

solely possessed by the PIC and Observer, who are not onboard the SAP-UAS.

8

In addition, no 

sense-and-avoid technology is necessary for the SAP-UASs because they will be operated at all 

times in VFR conditions and within VLOS of the PIC and Operator.

9

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft

Title 14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of 

normal category rotorcraft. To the extent that Shorts Aerial Photography’s small SAP-UAS

would otherwise require certification under Part 27, Petitioner seeks an exemption from Part 27's 

airworthiness standards for the same reasons identified in the request for exemption from 14 

C.F.R. R. Part 21, Subpart H, supra.

C. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification 

Requirements

Shorts Aerial Photography seeks an exemption from the aircraft marking and identification 

requirements contained in 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a).

● 14 C.F.R. § 91.9(c), Civil Aircraft Flight Manual, Marking and Placard 

requirements, provides that:

No person may operate a U.S.-registered civil aircraft unless that aircraft 

is identified in accordance with Part 45 of this chapter.

● 14 C.F.R. § 45.23(b), Markings of the Aircraft, states:

When marks include only the Roman capital letter "N" and the registration 

number is displayed on limited, restricted or light-sport category aircraft 

or experimental or provisionally certificated aircraft, the operator must 

also display on that aircraft near each entrance to the cabin, cockpit, or 

pilot station, in letters not less than 2 inches nor more than 6 inches high, 

the words "limited," "restricted," "light-sport, "experimental," or 

"provisional," as applicable.

● 14 C.F.R. § 45.27(a), Rotorcraft, states:

Each operator of a rotorcraft must display on that rotorcraft horizontally 

on both surfaces of the cabin, fuselage, boom, or tail the marks required by

 

8See Grant of Exemption No. 11062 to Astraeus Aerial (FAA-2014-0352 at pg. 13).

9

. Id
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Page 13

§ 45.23.

In a previous Grant of Exemption, the FAA determined that exemption from these requirements 

was warranted provided that the aircraft "have identification (N-Number) markings in 

accordance with 14 C.F.R Part 45, Subpart C if the markings are as large as practicable."10

Equivalent Level of Safety

All SAP-UASs flown by Shorts Aerial Photography will bear N-number markings that are as 

large as practicable in accordance with 14 C.F.R. Part 45, Subpart C.11

D. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): 

Maintenance Inspections

Shorts Aerial Photography seeks an exemption from the maintenance inspection requirements 

contained in 14 C.F.R. § 91.405(a), 91.407(a) (1), 91.409(a) (2); 91.417(a) and (b). These 

regulations specify maintenance and inspection standards in reference to 14 C.F.R. Part 43. See, 

e.g., 14 C.F.R. § 91.405(a) (stating that each owner or operator of an aircraft "[s]hall have the 

aircraft inspected as prescribed in subpart E of this part and shall between required inspections 

...have discrepancies repaired as prescribed in part 43 of this chapter"). An exemption from these 

regulations is needed because Part 43 and these sections only apply to aircraft with an 

airworthiness certificate, which the UAS platforms to be operated under this grant of exemption 

will not have. (Emphasis added)

Equivalent Level of Safety

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

will be timely performed in accordance with the Manufacturer's Manual and any required 

manufacturer Safety or Service Bulletins. Further, as required by Shorts Aerial Photography’s

Operations Manuals, the PIC will conduct a pre-flight inspection of the SAP-UASs and all 

associated equipment to account for all discrepancies and/or inoperable components. 

Maintenance will be performed and verified to address any conditions potentially affecting safe 

operation of the SAP-UASs and no flights will occur unless, and until, all flight critical 

components of the SAP-UASs have been found to be airworthy and in a condition safe for 

operation. A functional test flight will be conducted following the replacement of any flightcritical components. As required by Shorts Aerial Photography’s Operations Manuals, the PIC 

who conducts the functional test flight will make an entry in the SAP-UAS aircraft records of the 

flight.

Shorts Aerial Photography’s Operations Manual also includes requirements to follow the 

manufacturer’s UAS aircraft/component, maintenance, overhaul, replacement, inspection, and 

life limit requirements for the following applicable components: powertrain system (powerplant), 

propellers, avionics and control surfaces (including ailerons/elevons), structures & airframe, 

camera system, electrical systems (including batteries), ground control station, hazard 

 

10. FAA Docket No. FAA-2014-0352.

11See, e.g., FAA Docket No. FAA-2014-0352, at 14.
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Page 14

accessories, and spare parts. Further, Shorts Aerial Photography’s Operations Manuals also 

include procedures to document and maintain a record of the SAP-UAS’s maintenance, 

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

total time in service of the SAP-UASs used under this Grant of Exemption. As a whole, the 

maintenance and inspection procedures required in Shorts Aerial Photography’s Operations 

Manuals ensure that an equivalent or higher level of safety will be achieved.

PILOT-IN-COMMAND OF THE UAS

E. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations

Shorts Aerial Photography seeks exemption from 14 CFR § 61.113, which restricts private pilot 

certificate holders from flying aircraft for compensation or hire, and would also require a second 

class medical certificate. The purpose of Part 61 is to ensure that the skill and competency of any 

PIC matches the airspace in which the PIC will be operating, as well as requiring certifications if 

the private pilot is carrying passengers or cargo for hire. In this case, while the SAP-UASs will 

be operated as part of a commercial operation, they carry neither passengers nor cargo. In the 

Grant of Exemption to Astraeus Aerial, the FAA determined that the unique characteristics of 

UAS operation outside of controlled airspace did not warrant the additional cost and restrictions 

attendant with requiring the PIC to have a Commercial Pilot Certificate and Class II Medical

Certificate.12 The fulfillment of the additional requirements for a private pilot to become 

qualified as a commercial pilot would not lead to any additional safety benefits when UAS 

operations are involved. 

Equivalent Level of Safety

The restrictions Shorts Aerial Photography has placed on its SAP-UAS operations meet or 

exceed the restrictions similarly imposed on Astraeus Aerial. Shorts Aerial Photography will 

operate on private property away from persons and property not involved in the operation. 

Shorts Aerial Photography will also obtain an ATO issued COA prior to conducting any 

operations under this Grant of Exemption. All operations will be conducted in accordance with 

airspace requirements in the ATO issued COA including class of airspace, altitude level and 

potential transponder requirements. A NOTAM will also be issued as required by the applicable 

COA.

In addition to these flight restrictions, Shorts Aerial Photography will further ensure safe 

operation by requiring that any PIC be thoroughly versed not only in airspace and 

communication issues pertaining to all aircraft operators but also in the unique aspects of SAPUAS flight. As set forth in the Operations Manuals, pilots will have experience not only in SAPUAS operations generally but have logged flight time in the specific make and model used for

the operations before they are permitted to participate in commercial flights on behalf of Shorts 

Aerial Photography. The pilot qualification, training, and currency requirements in the 

Operations Manuals ensure that Shorts Aerial Photography pilots are competent and proficient in 

the SAP-UASs they are operating. Shorts Aerial Photography’s training and qualification 

requirements are consistent with those contained in prior FAA Section 333 Grants of Exemption, 

 

12Exemption No. 11062 (FAA Docket No. FAA-2014-0352).
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Page 15

and will provide a higher level of competency and proficiency for its pilots and will ensure at 

least an equivalent level of safety to the public.

OPERATING PARAMETERS OF THE UAS

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

Inasmuch as there will be no airworthiness certificate issued for the UASs, Shorts Aerial

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

in airworthy condition to be operated. The FAA has stated that no exemption is required for 14 

C.F.R. § 91.7(a) to the extent that the requirements of Part 21 are waived or found inapplicable.13

Accordingly, Petitioner requests that the requirements for § 91.7(a) be treated in accordance with

Section V (A), supra.

G. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 14 C.F.R. 

§ 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration

Title 14 C.F.R. § 91.9(b) (2) and § 91.203(a) and (b) require the operator to carry airworthiness 

documents and other aircraft manuals onboard the aircraft. Pursuant to 14 C.F.R. § 91.9(b) (2):

(b) No person may operate a U.S.-registered civil aircraft –

...

(2) For which an Airplane or Rotorcraft Flight Manual is required by § 21.5 of this 

chapter, unless there is available in the aircraft a current approved Airplane or Rotorcraft 

Flight Manual, approved manual material, markings, and placards, or any combination 

thereof.

Pursuant to 14 C.F.R. § 91.203(a) and (b):

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has 

within it the following:

(1) An appropriate and current airworthiness certificate...

(b) No person may operate a civil aircraft unless the airworthiness certificate required by 

paragraph (a) of this section or a special flight authorization issued under § 91.715 is 

displayed at the cabin or cockpit entrance so that it is legible to passengers or crew.

Given the small size and configuration of the SAP-UAS, it would be impossible to keep 

airworthiness documents and other aircraft manuals on board the SAP-UAS because there is 

simply no room and the SAP-UAS has no cabin or cockpit. As a way to comply with the code

Shorts Aerial Photography will maintain the documents with the PIC and make them available 

for inspection.

 

13See Id. at 13-14, 22.
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Equivalent Level of Safety

In an FAA Office of Chief Counsel's Opinion dated August 8, 2014, and prepared by Dean E. 

Griffith, Attorney, AGC-220, it was acknowledged that the intent of 14 C.F.R. 91.9(b) and 

91.203(a) and (b) is met if the pilot of the unmanned aircraft has access to the UAS flight 

manual, registration certificate, and other required documents from the ground control station 

from which he or she is operating the aircraft.14 As this FAA Office of Chief Counsel Opinion 

clarifies, the intent of the rule is to ensure the pilot has access to these key documents during 

flight. Therefore, an equivalent level of safety will be achieved by ensuring that the pilot has 

access to the documents at the ground control station from which he or she is piloting the UAS.

H. 14 C.F.R. § 91.103: Preflight Action

Shorts Aerial Photography seeks an exemption from 14 C.F.R. § 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. While the PIC will be familiar with all 

information necessary to safely conduct the flight, an exemption is requested to the extent that an 

FAA-approved Flight Manual is required.

Equivalent Level of Safety

An equivalent level of safety will be provided by following the Shorts Aerial Photography’s

Operations Manuals and the Manufacturer's Manual. The PIC will perform a series of checklists 

designed to identify any defects or inoperable components in accordance with the Shorts Aerial

Photography’s Operations Manuals, including checklists covering Pre-Flight, Launch, Landing, 

and Post-Flight procedures. The PIC will also be required to review weather, flight requirements, 

battery charge, landing and takeoff distance, UA performance data, and contingency landing 

areas—before initiation of flight. Shorts Aerial Photography’s Operations Manuals and the 

Manufacturer's Manual will be kept at the ground control station and will be accessible to the 

PIC at all times while operating the UAS.

I. 14 C.F.R. § 91.109(a): Flight Instruction

Shorts Aerial Photography seeks an exemption from 14 C.F.R. § 91.109(a), which provides in 

pertinent part that "[n]o 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." UASs 

and remotely piloted aircraft, by their design, do not have functional dual controls. Instead, flight 

control is accomplished through the use of a device that communicates with the aircraft via radio 

communications. Accordingly, an exemption will be required for the flight instruction 

requirements of 14 C.F.R. § 91.109(a).

 

14 Memorandum from Mark Bury, FAA Assistant Chief Counsel for International Law, Legislation and Regulation, 

to John Duncan, FAA Flight Standards Service (Aug. 8, 2014); see also Docket No. FAA-2014-0352 at 16-18.
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Equivalent Level of Safety

Given the size and speed of the UASs that Shorts Aerial Photography intends to use, an 

equivalent level of safe training can still be performed without dual controls because no pilot or 

passengers are aboard the UAS, and as required by the Shorts Aerial Photography’s Operations 

Manuals, all persons will be a safe distance away in the event that the UAS experiences any 

difficulties during flight instruction. Moreover, as required by the Shorts Aerial Photography’s

Operations Manuals, all flight training will be conducted in controlled and sterile environment. 

As a whole, the safety procedures provided for in Shorts Aerial Photography’s Operations 

Manuals ensure that the proposed UAS operations provide an equivalent or higher level of safety 

than that provided by the flight instruction regulations.

J. 14 C.F.R. § 91.119(c): Minimum Safe Altitudes

Shorts Aerial Photography requests an exemption from the minimum safe altitude requirements 

of 14 C.F.R. § 91.119(c).15 Section 91.119 prescribes 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. See 14 C.F.R. § 91.119(c). Section 91.119(d) allows 

for a helicopter to operate at less than those minimum altitudes when it can be operated "without 

hazard to persons or property on the surface," provided that "each person operating the helicopter 

complies with any routes or altitudes specifically prescribed for helicopters by the FAA."

An exemption is required because the proposed SAP-UAS operation will normally need to occur 

below 400 feet AGL. In circumstances where the SAP-UAS is used to inspect a structure whose 

height exceeds 400 feet AGL, the SAP-UAS will not be operated more than 100 feet above the 

highest point on the structure, and within 50 feet horizontally of the structure. Additionally, due 

the nature of the proposed operations, the Pilot and/or Observers(s) may need to be less than 500 

feet away from the SAP-UAS.

Equivalent Level of Safety

Compared to flight operations with rotorcraft weighing far more than the maximum weights 

proposed herein, and given the lack of flammable fuel with the above noted UASs, any risk 

associated with these operations is far less than those which presently exist with conventional 

aircraft. An equivalent level of safety will be achieved given the size, weight, and speed of the

SAP-UASs, as well as the controlled location where the operations will occur. In order to avoid 

any risk to manned aircraft, flight operations will be restricted to 400 feet AGL or below, or 

when inspecting a U.S. structure whose height exceeds 400 feet AGL, within 100 feet above the 

highest point on that structure and 50 feet horizontally of the structure.

As set forth in the Operations Manuals, the SAP-UASs will be operated in a restricted area, and 

all flights will be operated at a lateral distance of at least 500 feet from any nonparticipating 

 

15Relief from § 91.119(a) will not be necessary because Petitioner will be able to perform an emergency landing 

without undue hazard to persons or property on the ground in the event of a failure. Petitioner's proposed UAS 

operations will not occur over congested areas, and therefore an exemption from § 91.119(b) will not be necessary. 

See e.g., Grant of Exemption No. 11157 to Slugwear, Inc., dba Like on a tree Aerial (FAA-2014-0534 at 15).
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Page 18

persons, unless that person is in a position where he or she is shielded from the SAP-UAS and 

any possible debris resulting from its failure. As required by the Operations Manuals, flights will 

be terminated if a nonparticipating person within 500 feet of the SAP-UAS leaves a shielded

position. Further, its operations will occur at least 500 feet away from vehicles or structures 

unless the property owner/controller timely has granted permission and the PIC has made a 

safety assessment of the risk of operating closer to those objects and, operations near the PIC or 

Observer will not present an undue hazard per § 91.119(a). Adherence to these restrictions in

Shorts Aerial Photography’s Operations Manuals will ensure operations can be conducted 

without compromising public safety.16

K. 14 C.F.R. § 91.121: Altimeter Settings

Shorts Aerial Photography seeks an exemption from 14 C.F.R. § 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. An exemption is required to 

the extent that the UASs do not have a barometric altimeter, but rather a GPS altitude read out.

Equivalent Level of Safety

The FAA has stated that an equivalent level of safety to the requirements of 14 C.F.R. §91.121 

can be achieved in circumstances where: (1) the UASs will be operated below 400 feet AGL or 

below17, (2) within VLOS, (3) where GPS based altitude information is relayed in real time to the 

operator at a ground-based on-screen display and, (4) where prior to each flight, a zero altitude 

initiation point is established for the PIC to confirm accuracy of the onboard GPS.18

The SAP-UASs that Shorts Aerial Photography intends to use for the proposed operations will 

meet all these operational characteristics. Moreover, as required by Shorts Aerial Photography’s

Operations Manuals, the PIC will be required to calibrate the aircraft's GPS compass prior to 

each flight operation. Like prior FAA Section 333 Grants of Exemption, the SAP-UASs Shorts 

Aerial Photography intends to use, and the safety mitigation procedures contained in the 

Operations Manuals, both ensure that an equivalent level of safety or greater level will be 

achieved, and a Grant of Exemption to the requirements of § 191.121 is therefore appropriate.

 

16See e.g., Grant of Exemption No. 11138 to Douglas Trudeau (FAA-2014-0481 at 19): "If barriers or structures are 

present that can sufficiently protect nonparticipating persons from the UA or debris in the event of an accident, then 

the UA may operate closer than 500 feet to persons afforded such protection. The operator must also 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. When considering how 

to immediately cease operations, the primary concern is the safety of those nonparticipating persons. In addition, the 

FAA finds that operations may be conducted closer than 500 feet to vessels, vehicles and structures when the

owner/controller of any such vessels, vehicles or structures grants permission for the operation and the PIC makes a 

safety assessment of the risk of operating closer to those objects and determines that it does not present an undue 

hazard."

17If the height of the structure being inspected exceeds 400 feet AGL, the UAS will not be operated more than 100 

feet above the highest point on the structure.

18See Grant of Exemption No. 11062 to Astraeus Aerial (FAA-2014-0352 at 21).
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L. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

Shorts Aerial Photography requests an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements 

for flight in VFR conditions. Section 91.151 states:

(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; or

(2) At night, to fly after that for at least 45 minutes.

Here, the technological limitations on UAS battery power means that no meaningful flight 

operations can be conducted while still maintaining a 30-minute battery reserve. An exemption 

from the fuel requirements of 14 C.F.R. § 91.151(a) is therefore required. Moreover, it is not

Shorts Aerial Photography’s intention to fly the SAP-UASs at night.

Equivalent Level of Safety

In the Grant of Exemption to VDOS (Exemption No. 11112), the FAA determined that an 

equivalent level of safety to the fuel requirements for flight in VFR conditions could be achieved 

by prohibiting the PIC from beginning a SAP-UAS flight unless (considering wind and forecast 

weather conditions) there was enough power to fly to the first intended point of landing and, 

assuming normal cruising speed, to fly after that for at least 10 minutes. In reaching this 

conclusion, the FAA considered that the UAS batteries for the SAP-UAS provide approximately 

50 minutes of powered flight (with payload) and provided battery level and battery time 

remaining in minutes and seconds to the PIC.19 The FAA also considered the fact the SAP-UAS

operating manual states: “start every flight with a fully charged battery in the aerial vehicle”, and 

that in the event that the SAP-UAS should run low on power, the PIC will be alerted and can

safely land the- SAP-UAS as soon as possible. Like the VDOS Grant of Exemption, Shorts 

Aerial Photography’s use of the SAP-UAS, combined with the requirements of Petitioner's 

Operations Manuals, ensure that an equivalent level of safety can be achieved and in fact 

exceeded.

Similarly, in the Grant of Exemption to Alan Purwin (Exemption No. 11161), the FAA 

determined that an equivalent level of safety to the fuel requirements for flight in VFR conditions 

could be achieved by prohibiting the PIC from beginning a flight with the UA unless 

(considering wind and forecast weather conditions), there was enough power to safely fly at 

normal cruising speed to the intended landing point and land the UA with 25% battery power 

remaining. Shorts Aerial Photography will adhere to this limitation for its SAP-UAS flights.

 

19. Grant of Exemption No. 11112 to VDOS Global, LLC (FAA-2014-0382 at 10).
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The SAP-UAS includes a low battery warning system and the amount of battery reserve power 

remaining is continuously transmitted to the PIC via telemetric data feed, which downlinks from 

the SAP-UAS to a ground-based-on-screen display.20 As required by Shorts Aerial

Photography’s Operations Manuals, the PIC will promptly fly the SAP-UAS back to the home 

launch location or pre-determined abort location where it may safely land, while still maintaining 

a minimum of 25% reserve battery power. Shorts Aerial Photography submits that the procedures 

requiring flights to be safely terminated once the batteries fall below 25% capacity, combined 

with the requirement that flights only be conducted within a secure, isolated area, using a UAS 

weighing less than 55 pounds, and within VLOS of the PIC and Observer(s), ensure that the 

proposed operation will provide an equivalent or higher level of safety to the public to that 

provided by the regulations from which exemption is sought.

VI. DRUG AND ALCOHOL PROGRAM

Shorts Aerial Photography will have policies in place to ensure that no person may participate in

SAP-UASs flight operations if they are under the influence of alcohol or any drug.

VII. PUBLIC INTEREST

The public interest will be served by granting Shorts Aerial Photography’s Petition for 

Exemption. Congress has established a national policy that favors early integration of UAS into 

the NAS in controlled, safe working environments such as those proposed in this Petition. 

Granting this Petition for Exemption helps fulfill Congress' goal in passing Section 333(a) 

through (c) of the Reform Act—the FAA Administrator's assessment of whether certain UAS 

may operate safely in the NAS before completion of the statutorily required rulemaking.

The proposed SAP-UAS operations in this Petition for Exemption significantly improves the 

safety and reduces risk of harm, physical injury and property damage to the public at large, the 

property owners from whom permission was granted for use by Petitioner and abutting 

properties, staff of Petitioner, unsuspecting passersby, inspecting engineers from relevant 

organizations and all those who may be in the local vicinity. Traditional methods of inspecting 

and monitoring potential locations and relevant sites and facilities requires location personnel to 

climb towers, trees, venture onto precarious roofs and other dangerous scenarios, perform 

elevated work for which the individual is neither trained nor equipped to perform, which 

exposes them to unnecessary risk of serious physical injury from dangerous falls or other 

physical mishaps. Moreover, inspectors/surveyors are often unnecessarily exposed to hazardous 

conditions, unsafe environments, culturally tense situations and other hazards associated with 

identifying specific locations for potential recording sites to be used in the end product. The use 

of small UASs can eliminate these hazards and ultimately create a much safer method of 

performing these types of inspections creating a safer environment for the public as well as

Shorts Aerial Photography employees.

 

20. The SAP-UAS ground control station displays, the UASs position, navigation route, tail number, altitude, 

heading, north seeking arrow, range to targets, calculated target position, date/time, and sensor heading and 

orientation relative to the UAS.
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The use of small UAS also enhances safety and reduces risk to the surrounding public because, 

unlike manned aircraft weighing thousands of pounds, carrying crew in addition to flammable 

fuel, the UAS carry no passengers, crew or explosive fuel. Furthermore, in the unlikely event of 

an accident, Shorts Aerial Photography’s small battery powered SAP-UAS presents significantly 

less danger to persons on the ground when compared to operations by conventional manned 

aircraft.21 As Petitioner's SAP-UAS are battery powered, the public will also benefit from a 

reduction in harmful petroleum based emissions associated with conventional aircraft performing 

in the same functions proposed herein. Air quality will naturally be improved with the reduction 

of fuel powered vehicles. 

Lastly, as recognized by the FAA in prior Section 333 Grants of Exemption to filmmakers, UAS 

provide an additional economic tool for the aerial filming notwithstanding the industry, adding a 

greater degree of flexibility, which supplements the current capabilities offered by manned 

aircraft.22 The quality of the finished product is enhanced and provides a greater finished product 

demand which will aid the current UAS industry and provide additional jobs as the cost of 

providing the needed product is greatly reduced while reducing the difficulty with which the 

finished product is created. The demand for the current industrial product is increasing and will 

continue to increase given the enhanced flexibility of production; therefore, given the lower cost, 

owner/operators and others in the relevant industry will be more inclined to utilize the services of 

commercial UAS along with an appropriate licensed PIC’s. 

VIII. PRIVACY

All SAP-UAS operations will be conducted in accordance with applicable federal, state, and

local laws regarding privacy. All operations shall be conducted over private or controlled-access 

property with permission from the land owner/controller or authorized representative. Permission 

from land owner/controller or authorized representative will be obtained for each flight to be 

conducted.

IX. FEDERAL REGISTER SUMMARY

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

FEDERAL REGISTER, should it be determined that publication is needed: Petitioner seeks an 

exemption from the following rules in Title 14 of the Code of Federal Regulations:

Part 21, Subpart H; Part 27; 45.23(b); 45.27(a); 61.113; 91.7(a); 91.9(b)(2); 91.9(c);

91.103; 91.109(a); 91.119(c); 91.121; 91.151(a); 91.203 (a) & (b); 91.405(a); 91.407(a) (1);

91.409(a) (1) & (2); 91.417 (a) & (b).

 

21See Grant of Exemption No. 11158 to Team 5, LLC (FAA-2014-0783 at 12): "Manned helicopters conducting 

aerial filming can weigh 6,000 pounds or more and are operated by an onboard pilot, in addition to other onboard 

crewmembers, as necessary. The petitioner’s UAs will weigh less than 55 pounds with no onboard pilot or crew. 

The pilot and crew will be remotely located from the aircraft. The limited weight significantly reduces the potential

for harm to participating and nonparticipating individuals or property in the event of an incident or accident. 

Risk to an onboard pilot and crew during an incident or accident is eliminated with the use of a UA for the aerial 

filming operation."

22See e.g., Grant of Exemption No. 11178 to Picture Factory, Inc. (FAA-2014-0794 at 18).
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The exemption will enhance safety by reducing risk to the aircraft crew, production crew, general 

public, property owners and city structures from the substantial hazards associated with 

performing equivalent film work and aerial video production with conventional fixed-wing 

aircraft, rotorcraft, or other methods.

X. CONCLUSION

Shorts Aerial Photography’s Petition for Exemption satisfies the criteria articulated in Section 

333 of the Reform Act of 2012 which includes weight; speed; operating capabilities; proximity to 

airports and populated areas; operation within VLOS and national security. The proposed SAPUAS operations will benefit the public as a whole by improving safety and reducing risk by 

alleviating human exposure to danger while lowering the attendant related costs thereby 

increasing the demand for the finished product. In consideration of the foregoing, this Petition 

for Exemption provides the FAA with more than adequate justification for granting the requested 

exemptions allowing Shorts Aerial Photography to use small SAP-UAS s in the recorded 

production of its product.

We thank you for your prompt consideration of our requested exemptions.

Respectfully Submitted,

Ken Shorts

Shorts Aerial Photography Productions, LLC

10890 Deer Moss Trail

Jupiter, Florida 33469

Phone: 561.747.5091

Email: kmshorts@att.net

(The following attached items contain proprietary and commercial information exempt from 

disclosure under the Freedom of Information Act, 5 U.S.C. § 522 et seq., and should be held in a

separate file pursuant to 14 C.F.R. § 11.35(b)).

Attachments:

1. General Operations Manual

2. PIC Operating Manual

3. Company Protocols

4. Location Protocols

5. Flight Communications Protocols

6. Departing Location Protocols

7. Transmitter Protocols

8. Preflight Checklist

9. Post Flight Checklist

10. Equipment Checklist

11. UAS Manufacturer’s Manuals

a. User Manuals

b. UAS Maintenance Manuals