July 8, 2015

Brenda Robeson, Program Analyst

Airmen and Airspace Rules Division

U.S. Department of Transportation

800 Independence Ave. S.W. Washington, DC 20591

 Addendum to Docket No. FAA -2015-0791

SUBJECT: Petition for Section 333 Exemption of the FAA Modernization and

Reform Act of 2012

Dear Ms Robeson,

In response to your letter of June 9, 2015 the following amplification to my Section 333

Exemption request is respectfully submitted.

I, Kenneth Shelton, of 7546 Trillium Blvd. Sarasota, FL 34241, hereby petition the FAA

for a Section 333 exemption from various sections of 49 USC of Federal Aviation

Regulations.

I am the owner of Ken Shelton Photography, and will be the Pilot in Charge (PIC) of all

aerial photography following approval of this request. I am a FAA licensed Commercial

pilot (#2132360) and hold a valid Florida Drivers License.

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, Public Law

112-95, I request certain exemptions in order to conduct aerial photography for the

education of real estate professionals and real estate marketing purposes using a small

unmanned aerial vehicle (UAV).

Sincerely,

Kenneth Shelton

Kenneth Shelton

Owner

Ken Shelton Photography
OVERVIEW:

I, Kenneth Shelton, of 7546 Trillium Blvd. Sarasota, FL 34241, hereby petition the FAA

for a Section 333 exemption from various sections of 49 USC of Federal Aviation

Regulations. I am the owner of Ken Shelton Photography, and will be the Pilot in

Charge (PIC) of all aerial photography following approval of this request.

Pursuant to Section 333 of the Modernization and Reform Act of 2012, Public Law 112-

95, I request certain exemptions in order to conduct aerial photography for the

education of real estate professionals and real estate marketing purposes using a small

UAV - the Yuneec Q500.

The Yuneec Q500 weighs less than five pounds to include the camera payload. This

UAV operates, under normal conditions, at a top speed of no more than 20 knots; and 

has the capability to hover and move in a vertical and horizontal plane simultaneously.

The Yuneec Q500 consists of four DC motors with rotors that are powered by a Lithium

battery managed by an onboard flight control system that is remotely accessed by the

PIC using a portable control unit.

The Yuneec Q500 remote control unit is a wireless communication device using the

5.8GHz frequency band, which is approved by the FCC for limited-range communication

purposes. I will manually operate the UAV only in Visual Line of Sight and will conduct

flight missions that are within the operating parameters as described in the

manufacturer’s operating manual.

YUNEEC Q500 SPECIFICATIONS:

• Height: 210mm (8.3 in)

• Length (without rotor blades): 420mm (16.5 in)

• Width (without rotor blades): 420mm (16.5 in)

• Diameter (without rotor blades): 565mm (22.2 in)

• Propeller/Rotor Blade Diameter: 330mm (13.0 in)

• Weight (without battery and payload): 1130g (40.0 oz)

• Takeoff Weight (with battery and CGO2-GB): 1700g (60.0 oz)

• Battery: 5400mAh 3S 11.1V LiPo (included)

• Airspeed 16-20MPH
• Flight Time: 20-25 minutes

As a licensed pilot and professional photographer, I am extremely sensitive and aware

of the importance of safety and privacy, especially as it relates to UAVs. I believe safety

is the first and overriding priority in regards to operating a UAV. 

Additionally, I will not operate at the UAV in a manner as to invade the privacy of

anyone unaware of our flight intentions.

Our flight operations will occur during daytime hours only with the purpose to enhance

real estate marketing showing views of properties currently unattainable by still or

aviation photography. I will operate the UAV in a safe manner, using the following preflight checklist and operating procedures to determine that the aircraft is physically and

electronically ready for safe flight and that permission from the property

owner/representative/business owner is received.

Pre-flight Checklist (Yuneec Q500):

• If required, notify the appropriate FAA facility of our launch schedule and location. 

• Survey the property for hazards such as trees, utility poles and other elements that

might compromise the flight, then make a judgment as to whether to proceed. 

• Check the weather for wind speed, cloud cover, and any forecast changes that might

adversely affect flight safety and performance. 

• Examine the aircraft - looking at connections and searching for cracks and/or loose

parts. 

• Determine that the electronic elements are performing correctly (receiving more than

six GPS signals along with calibration of the magnetic compass).

• Determine that the barometric altimeter reflects approximately 0 feet AGL. 

• Following takeoff, I will hover at an altitude of approximately 10 feet AGL to assure the

Home Point is marked. 

• I will exercise all controls to confirm their functionality - if one of the controls is not

functioning, the flight will be terminated immediately. 

• I will fly with a Visual Observer (VO) at my side who will provide a second set of eyes

to assist in observing possible flight hazards and help assure the UAV remains in

Visual Line of Sight (VLOS) of PIC.

• Since the purchase of the Yuneec Q500, all training and skill improvement flights have

been with the same VO. 

• I will not fly over or near dense automobile traffic or crowds. 

• I will give right-of-way to any manned aircraft. 

• I will stay clear of FAA controlled airspace at airports (generally a five nautical mile

radius) as well as restricted and prohibited zones. 

• I will stay clear of clouds and fog (500 feet vertically and 2,000 feet horizontally). 
• I will perform a post-flight check of the UAV to determine its physical and electronic

condition.

Operating Procedures:

• After receiving permission from the property owner/representative/business owner, I

will notify all adjacent property owners/business owners of our intentions and

anticipated time on site. 

• I will not fly over neighboring properties unless permission is granted. 

• I will keep individuals not involved in the flight at a safe distance (500 feet without

barrier). 

• I will post a sign stating: “Take Notice: Aerial Photography Under Way - Stay Clear”.

• Flights will be operated manually within visual line of sight (VLOS) of the PIC and

aircrew (VO).

• Maximum total flight time for each operational flight will be 20 minutes. Flights will be

terminated at 25 percent battery power reserve should that occur prior to the 20

minute limit.

• Flights will be operated at an altitude of no more than 400 feet AGL, though most

operations will be conducted within 50 feet of the ground.

• Minimum two (2) man crew for each UAV operation will consist of the Pilot and VO.

• The UAV will not enter any MOA or Restricted Airspace, nor shall it violate any TFR

as outlined by the FAA.

• A pre-flight briefing will be conducted in regards to the planned UAV operation prior to

each day's flying. It will be mandatory that all personnel who will be performing duties

as "flight crew" be present for this briefing.

• VO and PIC will at all times be able to communicate by voice.

• If the UAV loses communications with the PIC or loses its GPS signal, the UAV has

the capability to return to a pre-determined location and land.

Altitude, distance from the PIC, airspeed, and battery state-of-charge are data viewable

on the On-Screen-Display (OSD), which is equivalent to an aircraft’s control panel. I

maintain that the above checklist and procedures will minimize risks to property and

persons on the ground as well as other aircraft in the National Airspace.

As of this writing, I have practiced extensively with the Yuneec Q500, accumulating 70

hours of flight time. In addition, I am a FAA licensed pilot.

Exemption Requests:

14CFR

Part 21 Airworthiness Certification
Subpart H "prescribes the procedural requirements for issuing and changing design

approval, production approval, airworthiness certificates and airworthiness approval."

(Summation from Exemption No. 11138, page 11)

Response: "The Secretary of Transportation has determined that this aircraft meets the

conditions of Section 333.

Therefore, the FAA finds that the requested relief from 14 CFR part 21, and any

associated noise certification and testing requirements of part 36, is not necessary."

(Summation from Exemption No. 11138, page 11)

Part 61 (a)(b) Parts, General Operating and Flight Rules

(a) Prescribes the requirements for issuing pilot licenses and the privileges and

limitations associated with various ratings.

(b) Aeronautical experience means pilot time, flight simulator or flight training device for

meeting the appropriate training and flight time requirements for an airman certificate.

Response: Organized or commercially available FAA-approved flight training has yet to

be achieved by the UAV industry. While I have regularly used a flight simulator on my

computer, those skills are generally not transferable to small UAV operation. My

sources of training are: the flight instruction manuals from the UAV manufacturer; online

videos from the manufacturer as well as videos from users; and most importantly,

personal training in a secure location - an open area not subject to traffic and/or

uninvolved individuals.

Those training flights, which have averaged 20 minutes each, include setup, physical

and electronic safety checks; lift off followed by hovering at approximately 10 feet to

confirm that the GPS system is functioning properly and has registered its Home Point;

a prescribed flight plan to familiarize and then master the fight controls and camera;

returning to the launch point and landing. I then conduct a post-flight inspection for any

problems, log the location and flight time and then view the video. There are no FAA

certified instructors or FAA certified study guides available at this time as the technology

continues to develop. I respectfully request an exemption from this rule.

§91.103 (b)(2)

(b)(2) This section deals the pilot's preparations for flight, in particular runway lengths,

takeoff and landing distance information.

Response: Since the Yuneec Q500 takes off and lands vertically like a helicopter, a

Yuneec Q500 pilot would not need to know this information since there are no runways

involved and the return from flight is the takeoff point. The FAA has determined that

"relief is not necessary." (Summation from Exemption No. 11138, page 20)
§ 91.105

Summary: This section deals with flight crew members at stations.

Response: Since there are no passengers, pilots or crew members, I respectfully

request relief from this regulation.

§ 91.109

Summary: This sections deals with flight instruction, simulated instrument flight and

certain flight tests.

Response: None of these functions are applicable to small UAV flight and, as stated

earlier, there are no FAA certified instructors or FAA certified study guides available at

this time for small UAV operation. I respectfully request an exemption from this rule.

§ 91.119 (a) (b) (c)

Summary: This section deals with minimum safe altitude stating that if the power fails

anywhere, an aircraft should have an altitude sufficient so that an emergency landing

can occur without hazard to persons or property (91.119 a).

It also sets minimum altitudes over congested areas and uncongested areas as well as

has a paragraph on helicopters (91.119 b). It also sets minimum distance (500 feet)

from any person, vessel, vehicle, or structure (91.119 c).

Response: None of the altitude requirements in this regulation should apply to a UAV

since these aircraft are required to fly below those altitudes. Their weight, speed and

GPS-controlled Return to Home feature mitigates incidents that could occur from loss of

signal between the aircraft and PIC. A manned aircraft is much heavier and larger than

a Yuneec Q500. If a Yuneec Q500 were to malfunction, it carries no humans, no

explosive fuel and since it flies primarily over a single piece of private property, any

damage would likely be minimal and confined to that area. As to keeping 500 feet from

any person, vessel, vehicle or structure, the purpose of real estate aerial photography is

to fly close to the subject structures with the permission of the owner/representative. I

maintain that my nearly 70 hours flying experience with the Yuneec Q500 have provided

me with sufficient skills to manage safely any approach under 500 feet. In addition,

access to the property is strictly controlled (warning sign and the clearing of any person

on the property not involved in the flight). I respectfully request an exemption from this

rule.

§ 91.121

Summary: This section details altimeter settings required to maintain the "cruising

altitude or flight level of that aircraft." It requires that the "elevation of the departure

airport" be set in the altimeter or the "current reported altimeter setting of a station along

the route and within 100 miles of the aircraft".
Response: A small UAV cannot comply fully with this section's altitude requirements.

The Yuneec Q500 is equipped with a barometric altimeter which automatically

calculates the takeoff altitude (0 AGL) when the aircraft is warmed up - the launch point

becomes the "elevation of the departure" point.

The altitude of the UAV is visible in the control monitor (a smart phone or OSD) by the

PIC before launch and is consistently updated as the flight progresses. I respectfully

request an exemption from this rule.

§ 91.151

Summary: This section deals with fuel requirements for VFR flights stating, among

other things, that "no person may begin a flight in an airplane under VFR condition

unless...there is enough fuel to fly to the first point of the intended landing and, "...fly

after that for at least 40 minutes (day) and 45 minutes (night)".

Response: This regulation deals with 'reserve' fuel. This could include any condition

that increases flight time or fuel consumption. Weather would be one factor including

wind, turbulence and the necessity to divert around threatening thunderstorms.

Compliance with this regulation is not possible because the 'fuel" onboard the Yuneec

Q500 is not aviation gas but a Lithium battery with a maximum flight duration of 20

minutes. Fuel management of an UAV requires constant monitoring of the battery's

state-of-charge and bringing it home before it reaches the manufacturers recommended

30 percent level.

In our training flights, we've found that a flight of 20 minutes to be safe, returning the

UAV to its Home Point around the 40 percent battery capacity level. I respectfully

request an exemption from this rule.

§ 91.405

Summary: This section deals with aircraft maintenance including regular inspection, the

keeping of appropriate maintenance records and replacement of inoperable

instruments.

Response: Maintenance on the Yuneec Q500 is quite straight forward. If, in landing, a

rotor blade or two are damaged, they are quickly replaced. The traditional instrument

cluster in an aircraft is replaced by a data stream from the Yuneec Q500, visible in the

control monitor (smart phone or OSD). Replacement of minor parts are performed by

the PIC and a major 'overhaul' that can't be easily resolved will go back to the

manufacturer for repair.

Currently, there are no required inspections by 'authorized' maintenance personnel and

there would be no space/room on board to install a placard of inoperability. I respectfully

request an exemption from this rule.
§ 91.407

Summary/Response: This section addresses requirements after maintenance has

been performed. Again, approval of the maintenance before flight is essentially in the

hands of the PIC.

Whatever maintenance is performed will be entered in the aircraft log, unless a separate

maintenance log is required. Paragraph (b) refers to the prohibition of a pilot carrying

passengers or crew members, if the flight characteristics have been substantially

affected, before a rated pilot performs an operational check of the maintenance. Again,

this is a PIC's responsibility to preflight the Yuneec Q500 and determine its flyability.

And, as mentioned earlier, there is no pilot, crew members or passengers on board the

Yuneec Q500. I respectfully request an exemption from this rule.

§ 91.409

Inspections: This section deals with the necessity of annual and 100-hour inspections

or "progressive inspections" and approval by authorized persons which will lead to the

"issuance of an airworthiness certificate."

Response: As stated earlier, there are no FAA-approved inspection protocols nor

authorized inspection personnel. The PIC handles those issues each time the Yuneec

Q500 is prepared for flight. The pre-flight check list enumerated earlier will be followed

to determine its mechanical and electronic integrity. I respectfully request an exemption

from this rule.

§ 91.417

Maintenance Records: This section requires a maintenance record be kept on repair,

replacement and condition of vital parts (rotors, engines & airframe). Certain records

must be retained for one year while other record must be kept with the aircraft even

when sold to another part.

Response: The details of this section would be impractical with a Yuneec Q500, but

repair issues can be entered into the aircraft log. I respectfully request an exemption

from this rule.

The above requests for exemptions follow the guidance published by the FAA.

Safety:

The Yuneec Q500 is a small four-rotor UAV with multiple safety features to assure a

safe and efficient flight, minimizing personal injury and property damage and integrating

with minimal risk into the NAS. They include:

• A GPS flight system that allows for stable remote control of the aircraft.
• The ability to hover in place by simply taking hands off the controls.

• A Return to Home function if electronic contact between the Remote Control and the

aircraft is lost. If the aircraft begins to show unstable flight, I will land it immediately.

• The ability to limit height (<400 feet) and distance (<1000 feet) from the PIC through

the control software.

• Use of the 'radar' mode which instantly allows the PIC to pinpoint the UAV.

• The No Fly Zone control software will prevent takeoffs within a five mile radius of a

major airport as well as provide warning in the event that the aircraft inadvertently

approaches the zone while in flight. This warning will provide sufficient time for the

PIC to reverse course.

• Readout of the battery's state of charge so that there is sufficient power to bring the

UAV home.

The weight, size, speed and limited flight of this small UAV focuses on inanimate

objects (homes) reduces the likelihood of significant personal or property damage.

Flight of the UAV risks no onboard lives unlike manned helicopters or planes used for

aerial photography. The safety features associated with the Yuneec Q500 as well as my

pre-flight checklist and procedures will assure that public safety is not adversely

affected.

With regard to aerial videography and photography, Ken Shelton Photography adheres

to all FAA regulations. Further, Ken Shelton Photography operates under the principals

of: Safety First, Quality Assurance, Accountability, Reporting, and Training. When

approved by the FAA, it is Ken Shelton Photography’s mandate to treat all UAV

operations with the same level of professionalism and seriousness as that of manned

aircraft.

Approval of exemptions allowing commercial operations of small UAV in the real estate

industry will enhance safety by reducing risk.

Conventional filming operations, using turbine or piston powered manned aircraft,

present the risks associated with the vehicle weight and Jet A or 100 LL fuel. Such

aircraft must fly to and from the site location. In contrast, a UAV weighing fewer than 10

pounds and powered by batteries eliminates virtually all of the risk given the substantial

reduced mass and lack of combustible fuel carried on board. The UAV is typically

transported to the location via an automobile in a protective case.

The operation of small UAV, weighting less than 10 pounds, conducted in the strict

conditions outlined above, will provide an equivalent level of safety supporting the grant

of the exemptions requested herein, including exempting the applicant from the

requirements of Part 21 and allowing commercial operations.
The markets of interest for Ken Shelton Photography is the marketing of real property

and the education of real estate professionals primarily in South West Florida.

Community Benefit:

First and foremost is the reduced risk public safety that a small UAV offers in

comparison to a manned fixed wing or rotorcraft. Weighing five pounds with camera

and battery, the Yuneec Q500 is incapable of causing the level of damage or injury

caused by a full-size, manned aircraft. Additionally, the ecologic and noise impact is

negligible as compared to traditional manned aircraft. Lastly, as real estate is a large

part of our community, the use of a small UAV aerial filming platform is a cost-effective

and visually impactful means to promote our available properties, therefore becoming

an economic driver in the community. Ken Shelton Photography is eager to support the

FAA and UAV community in its quest to establish proper regulations and protocols for

the safe introduction of unmanned aircraft into the National Airspace.

Signed,

Kenneth Shelton

Kenneth Shelton, Owner

Ken Shelton Photography

Attachments:

• Yuneec Q500 Typhoon User Manual