August 26, 2015

Exemption No. 12605

Regulatory Docket No. FAA−2015−1242

Mr. Matt Shelton

91 Stonebridge Suite 102

Jackson, TN 38305

Dear Mr. Shelton:

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

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

including the date it ends.

By letters dated April 23, 2015 and July 10, 2015, you petitioned the Federal Aviation 

Administration (FAA) for an exemption. The petitioner requested to operate an unmanned 

aircraft system (UAS) to conduct aerial photography for real estate property.

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

the regulations that the petitioner seeks an exemption.

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

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

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

Airworthiness Certification

The UAS proposed by the petitioner is a DJI Phantom 2.

The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

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

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

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

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

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 
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14 CFR part 21, Certification procedures for products and parts, Subpart H—Airworthiness 

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

not necessary.

The Basis for Our Decision

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

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

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

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

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

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

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

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

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

by this exemption is in the public interest.

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

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

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

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

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest.

Our Decision

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

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

delegated to me by the Administrator, Mr. Matt Shelton is granted an exemption from 14 CFR 

§§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 

91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to the 

extent necessary to allow the petitioner to operate a UAS to perform aerial data collection. 

This exemption is subject to the conditions and limitations listed below.

Conditions and Limitations

In this grant of exemption, Mr. Matt Shelton is hereafter referred to as the operator.

 

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

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

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

instruments aboard the UA.
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Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 2

when weighing less than 55 pounds including payload. Proposed operations of any 

other aircraft will require a new petition or a petition to amend this exemption.

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

not permitted. 

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

exemption holder may use either groundspeed or calibrated airspeed to determine 

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

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

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

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

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. 

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or

U.S. driver’s license.

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

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times; 

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

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

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

required of the VO.

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

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 

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

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

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

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

documents to the Administrator or any law enforcement official upon request. The 
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operator must also present updated and revised documents if it petitions for extension 

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

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

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

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

updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g., replacement of a flight critical component, must undergo 

a functional test flight prior to conducting further operations under this exemption. 

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

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

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

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

in a condition for safe operation.

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

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

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

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 

prohibited from operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight.

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

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

aircraft components.

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

safety bulletins.

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

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

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

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

government. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

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

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

operated under this exemption, including evasive and emergency maneuvers and 

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

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

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 
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(training, proficiency, and experience-building) and determining the PIC’s ability to 

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

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

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

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized.

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

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

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

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

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

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

to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

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

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

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

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

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

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

power recommended by the manufacturer if greater.

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

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

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

22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 

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

be as large as practicable.
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23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. 

These documents must be made available to the Administrator or any law enforcement 

official upon request.

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

activities at all times. 

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

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

persons, vessels, vehicles, and structures unless:

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

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

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

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

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

of nonparticipating persons; and

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

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

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

present an undue hazard.

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

nonparticipating persons under this exemption.

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

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

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

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

to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be 

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

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

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

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

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

as documented in this grant of exemption.
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30. At least 3 days before aerial filming, the operator of the UAS affected by this 

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

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

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

must include at least the following:

a. Dates and times for all flights;

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

under this grant of exemption;

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

the UAS;

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

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

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

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

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

g. Signature of exemption holder or representative; and

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

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

essential to accomplish the operation.

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

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

exemption holder’s MPTOM.

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

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

parts 45, 47, 61, and 91.

This exemption terminates on August 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
Content Request for Section 333 Exemption Real Estate Photography

April 23, 2015

This document constitutes an exemption Request under Section 333 of the FAA Modernization

and Reform Act of 2012 for Aviation Unmanned to perform Aerial Photography by/Matt Shelton.

The main use of this UAS would be taking real­estate photos. The UAS systems that I plan to

use is a DJI PHANTOM and will be referenced in this document.

1. The safe operation to the NAS will be kept to a minimum by always flying the UAS within

visual eye contact, less than 400 ft above ground and never directly above persons or public

places. The orientation of flights will be such that the pilot always has a visual aircraft. Additional

safety features on the DJI PHANTOM include, return to home, low voltage, enhanced failsafe

along with operating in the less populated 5.8 GHZ frequency range.

2. Pre­flight inspection would be checking battery condition/level in both the transmitter and

UAS. The binding/link feature will not let the UAS start if communication is not established. A

check for power­lines, antennas and other overhead objects would be performed. Wind

conditions would be monitored and be a factor for flying.

3. The radio frequency of the DJI PHANTOM FC is in 5.8 GHZ range the camera will be a

typical Go Pro type that films at 1080 30 frames per second.

4. I will be the one Matt Shelton flying the DJI PHANTOM.Testing, updating and programming

the DJI PHANTOM FC firmware is something I do regularly.

5. Im in good medical health and sound mental health. No arrests or felonies.

6. The intended use of this DJI PHANTOM is to photograph real estate photos such as farms

and residential properties. This would allow my business to have a competitive edge with the

ability to offer this service. Other Realtors are currently offering aerial photography and currently

have a competitive edge that I find I am up against. The photos are only used for representation

of what I am selling. My services would be included with a new real estate listing and

representing the seller. All photo flights would have the date, time, GPS coordinates. The

petitioner (Matt Shelton) will also file for a Certificate of Waiver or Authorization (COA). In the

event that a COA request is not granted I would ask that this request for exemption still be

granted with a conditional use.
The DJI PHANTOM FC will not be flown at night and never in the flight path of manned aircraft.

The first condition listed to always keep visual eye contact on the 22mm LED flight indicator is

probably the most important.

Note: My main objective is to offer aerial real estate photography at a competitive rate for the

general public in the safest way possible.

Respectfully,

Matt Shelton

91 Stonebridge Suite 102

Jackson, TN 38305

OFFICE 731­668­1225

Cell: 731­467­1086

landofficerealtors.com
July 10, 2015 

U. S. Department of Transportation 

Docket Management System

1200 New Jersey Ave, SE 

Washington, DC 20590 

Re: Exemption Request Section 333 of the FAA Reform Act of the 

Federal Aviation Regulations from 14 C.F.R. 45.23(b); 14 C.F.R. 

Part 21; 14 C.F.R. 61.113(a)&(b); 91.7(a); 91.9(b) (2); 91.103(b); 

91.109; 119.121; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a) 

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

Dear Sir or Madam, 

I, Matt Shelton am writing pursuant to the FAA Modernization and 

Reform Act of 2012 and the procedures contained within 14 

C.F.R. 11, to request that I, Matt Shelton an owner and operator of 

small unmanned aircraft, be exempted from the Federal Aviation 

Regulations (“FARs”) listed below so that I, Matt Shelton, may 

operate my small ultra light weight unmanned aircraft system 

(“UAS”) commercially in airspace regulated by the Federal 

Aviation Administration (“FAA”). 

As described herein I, Matt Shelton, am an aerial photographer 

within the State of Tennessee; experienced in flying hobby multi 

rotors. I have DJI Phantom 2 UAS with intent for aerial 

videography/cinematography to enhance academic community 

awareness for those individuals and companies unfamiliar with 

the geographical layout of Tennessee area specifically West 

Tennessee, and augment real estate listing videos; following 

exemption and approval by the FAA. 

I have flown small Multi rotors for over 3 years, 
I, Matt Shelton, have personally instilled safety protocols and 

controls to avoid and prevent public hazard, as well as manned 

aircraft hazards/catastrophe. This will act to further safety 

protocols exclusive to lightweight UAS's specific to real estate 

video and photography usage as I, Matt Shelton, record flight data 

and other information gained through permitted flight operations 

to share with the FAA through any required FAA reports to assist 

with future protocol and safety regulation. This data can be logged 

with the DJI Pilot app. 

Granting my, Matt Shelton, request comports with the Secretary of 

Transportation’s (FAA Administrator’s) responsibilities and 

authority to not only integrate UAS's into the national airspace 

system, but to “...establish requirements for the safe operation of 

such aircraft systems [UAS's] in the national airspace system” 

under Section 333(c) of the Reform Act specific to the use of 

UAS's for real estate/Realtor purposes. Further I, Matt Shelton, 

will conduct my operations in compliance with the protocols 

described herein or as otherwise established by the FAA. 

For the reasons stated below I, Matt Shelton, respectfully request 

the grant of an exemption allowing me to operate ultra light 

weight, remote controlled UAS’s for academic community 

awareness to benefit/stimulate attraction to the West Tennessee 

area and to enhance real estate listing videos for homeowners 

who cannot afford expensive manned aircraft for the same 

purpose. Both of which will promote local economic growth 

through increased employment and increased tax base. Both with 

public safety in mind by keeping heavier manned aircraft 

containing combustible fuel that that poses potential public 

hazard. 
I. Contact Information: 

Matt Shelton 

91 Stonebridge Suite 102 

Jackson, TN 38305 

Office: (731) 668-1225

Email: matt@landofficerealtors.com 

II. The Specific Sections of Title 14 of the Code of Federal 

Regulations From Which Matt Shelton Requests Exemption 

are: 

14 CFR 21;

14 C.F.R. 45.23(b);

14 CFR 61.113 (a) & (b); 14 C.F.R. 91, et seq.;

14 CFR 407 (a) (1);

14 CFR 409 (a) (2); and, 14 CFR 417 (a) & (b). 

III. The Extent of relief Matt Shelton seeks and the Reason He 

Seeks Such Relief: 

I, Matt Shelton, submit this application in accordance with the 

Reform Act, 112 P.L. 95 §§ 331- 334, seeking relief from any 

currently applicable FARs operating to prevent me, Matt Shelton, 

contemplated commercial cinematic, academic and other flight 

operations within the national airspace system. The Reform Act in 

Section 332 provides for such integration of civil unmanned 

aircraft systems into our national airspace system as it is in the 

public’s interest to do so. My, Matt Shelton, ultra light weight UAS 

meets the definition of “small unmanned aircraft” as defined in 

Section 331 and therefore the integration of my ultra light weight 

UAS is expressly contemplated by the Reform Act. I would like to 

operate my ultra light weight UAS prior to the time period by 

which the Reform Act requires the FAA to promulgate rules 

governing such craft. Thereby, providing direct experience and 
valuable information for formal regulation that can be 

administered uniformly to all real estate related UAS aerial video 

and photography. The Reform Act guides the Secretary in 

determining the types of UAS's that may operate safely in our 

national airspace system. Considerations include: The weight, 

size, speed and overall capabilities of the UAS's; Whether the 

UAS will be operated near airports or heavily populated areas; 

and, Whether the UAS will be operated by line of sight. 112 P.L. 

95 § 333 (a). Each of these items reflect in favor of an exemption 

for me, Matt Shelton. My UAS utilizes four (4) counter-rotating 

propellers for balance, control and stability. My UAS is equipped 

with GPS and auto return safety technology. Weighing less than 

five (5) pounds (far below the maximum 55 pound limit); including 

camera with gimbal. 

I, Matt Shelton, consider safety as foremost with each flight. My 

small unmanned aircraft is designed to hover in place via GPS 

and operate in less than a 24 knot (15 mph) wind. For safety, 

stability and fear of financial loss I will not fly in winds exceeding 

16 kph (10 mph). Built in safety systems include a GPS mode that 

allows my UAS to hover in place when radio controls are 

released. With three modes to choose from, I utilize the Smart 

Mode for aerial videography/photography. This is the safest, most 

reliable and stable mode to prevent accident and hazard. When 

pilot communication is lost UAS is designed slowly descend to 

point of take off. I do not operate my UAS near airports, Hospitals 

nor Police heliports, and do not operate near areas where general 

public is within fifty to one hundred (50-100) yards depending on 

location, conditions and weather. I am constantly on alert for any 

manned aircraft (Police/Medical helicopters, etc.) and prepared to 

land/abort immediately to the nearest and safest ground point 

should a manned aircraft approach my location or I suspect 

manned aircraft may approach near my location. My UAS is 

capable of vertical and horizontal operations, and are flown only 

within my line of sight of me, as the remote control pilot. Utilizing 

battery power rather than combustible fuels, flights generally last 
between three (3) to seven (7) minutes, with an altitude under one 

hundred fifty (150) feet. I, Matt Shelton, utilize a fresh fully 

charged battery with each flight as a safety precaution; full flight 

time limit for each battery is nine (9) to twelve (12) minutes as 

tested. I do not operate my UAS at or below manufacture 

recommend minimum charge levels for operation; preferring to 

remain well within a safe operating range to insure adequate 

communication between radio control and UAS to eliminate 

potential for crash, loss of control or hazard. Reserve batteries 

are at hand with each exercise to insure replacement for sufficient 

safe level of operation. I do not believe in taking risk that may 

cause a crash, that could create hazard to the public/property/

manned aircraft, and have no desire to lose an investment. I have 

clocked numerous practice flights in remote areas as a hobbyist 

simulating flights for future commercial use to gain familiarization 

with the characteristics of this specific UAS's performance under 

different temperature and weather conditions. I also practice 

computerized simulated flights to maintain adequate skills and 

response reflex time. All for the sake of safety. 

I, Matt Shelton, am extremely cautious when operating of my 

UAS/ultra light weight unmanned aircraft and will not “create a 

hazard to users of the national airspace system or the public.” 112 

P.L. 95 § 333 (b). Given the small size and weight of my UAS it 

falls well within Congress’s contemplated safety zone when it 

promulgated the Reform Act and the corresponding directive to 

integrate UAS's into the national airspace system. Matt Shelton 

UAS, used in hobby flight, has a demonstrable safety record and 

does not pose any threat to the general public or national security. 

IV. How Matt Shelton Request Will Benefit the Public As A 

Whole: 

Aerial videography for geographical awareness and for real estate 

marketing has been around for a long time through manned fixed 

wing aircraft and helicopters. For small budget real estate 

companies and average homeowners the expense of such aerial 
videography is cost prohibitive. Only large companies and high 

end Realtors or luxury homeowners can afford to absorb such 

expense. Depriving non-luxury homeowners and lower budget 

Realtors from a valuable marketing tool. Manned aircraft pose a 

threat to the public through potential catastrophic crash that the 

West Tennessee community has experienced in the past with 

medical helicopter crashes within the areas of West Tennessee. 

Each resulting in loss of life. Each with combustible fuel that 

exploded and burned on impact. Police helicopters have made 

emergency hard landings within city limits. My, Matt Shelton, UAS 

pose no such threat since size and lack of combustible fuel 

alleviates any potential threat to the public. 

Congress has already proclaimed that it is in the public’s interest 

to integrate commercially flown UAS's into the national airspace 

system, hence the passing of the Reform Act. Granting my, Matt 

Shelton, exemption request furthers the public interest through 

academic/visual awareness of the geographical benefits in and 

around the West Tennessee area. My ultra light weight UAS is 

battery powered and creates no emissions that can harm the 

environment. The consequence of my ultra light weight UAS 

crashing is far less than a full size helicopter or fixed wing aircraft; 

which are heavy, contain combustible fuel and can cause 

catastrophic devastation to the public.

The public’s interest is furthered by minimizing ecological and 

crash threat by permitting aerial video/photo capture through my 

battery operated ultra light weight UAS's. Permitting me, Matt 

Shelton, to immediately fly within national air space furthers 

economic growth. Granting my exemption request substantially 

furthers the economic impact for the West Tennessee community 

for companies looking to relocate or build in the area as well as 

individuals looking to relocate for career advancement through 

academic and geographical awareness. Both of which serve as a 

stimulus to the community. 
V. Reasons Why Matt Shelton Exemption Will Not Adversely 

Affect Safety Or How The Exemption Will Provide a Level of 

Safety At Least Equal To Existing Rule: 

My, Matt Shelton, exemption will not adversely affect safety. Quite 

the contrary, for the reasons stated permitting me, Matt Shelton, 

to log more flight time in FAA controlled airspace, with 

communication with the FAA, will allow me to contribute to the 

innovation and implementation of new and novel, as of yet 

undiscovered safety protocols for Realtors that can be embraced 

by the National Association of Realtors, and Tennessee 

Association of Realtors for development in cooperation with the 

FAA. In addition I, Matt Shelton, submit the following 

representations of enhancements to current aerial videography 

and photography for real estate: 

• My UAS weighs less than 5 pounds complete with a small ultra 

light weight high quality 

 • I only operate my UAS below 200 feet (well within the 400 

foot permissible ceiling set by the FAA Modernization and 

Reform Act of 2012); 

 • My UAS only operate for 5-10 minutes per flight; I land my 

UAS prior to manufacturer recommended minimum level of 

battery power; 

 • I pilot my UAS through remote control only by line of sight; 

 • My UAS has GPS a flight safety feature whereby it hovers 

and then slowly lands if 

communication with the remote control pilot is lost; 
 • I actively analyze flight data and other sources of information 

to constantly update and 

enhance safety protocols; 

 • I only operate in reasonably safe environment that are 

strictly controlled, are away from 

power lines, elevated lights, airports and actively populated 

areas; 

 • I conduct extensive pre-flight inspections and protocol, 

during which safety carries 

primary importance; 

 • I always obtains all necessary permissions prior to operation; 

and, 

 • I have procedures in place to abort flights in the event of 

safety breaches or potential 

danger. 

My, Matt Shelton, safety protocols provide a level of safety 

equal to or exceeding existing rules. It is important to note 

that absent the integration of commercial UAS into our 

national airspace system, helicopters are the primary means 

of aerial video and photography for community awareness 

and real estate. While the safety record of such helicopters 

is remarkably astounding, there has been local incident 

involving loss of life as well as extensive property damage; it 

is far safer to operate a battery powered ultra light weight 

UAS. 

 • First, the potential loss of life is diminished because 

UAS's carry no people on board and I only operate my 
UAS in specific areas away from mass populations. 

 • Second, there is no fuel on board a UAS and thus the 

potential for fire or explosions is greatly diminished. 

 • Third, the small size and extreme maneuverability of my 

UAS allow me to remotely pilot away from and avoid 

hazards quickly and safely. 

 • Lastly, given its small size and weight, even when close 

enough to capture amazing images, my UAS need not 

be so close to the objects they are focused on through 

the technology and use of post editing software 

allowing pan and zoom. 

Accordingly, my UAS has been experimentally operated 

for familiarization/competency and will continue to 

operate at and above current safety levels. 

VI. A Summary The FAA May Publish in the Federal 

Register: 

14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness 

Certificates, Manuals and The Like. 

14 C.F.R. 21, Subpart H, entitled Airworthiness 

Certificates, sets forth requirements for procurement of 

necessary airworthiness certificates in relation to FAR 

§91.203(a)(1). The size, weight and enclosed 

operational area of my, Matt Shelton, UAS permits 

exemption from Part 21 because my UAS meets (and 

exceeds) an equivalent level of safety pursuant to 

Section 333 of the Reform Act. The FAA is authorized to 

exempt aircraft from the airworthiness certificate 

requirement under both the Act (49 U.S.C. § 44701 (f)) 

and Section 333 of the Reform Act. Both pieces of 

legislation permit the FAA to exempt UAS's from the 
airworthiness certificate requirement in consideration of 

the weight, size, speed, maneuverability and proximity 

to areas 

such as airports and dense populations. My, Matt Shelton, current 

and projected UAS's meet or exceed each of the elements. 

14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an 

airworthiness certificate. As no such certificate will be applicable 

in the form contemplated by the FARs, this Regulation is 

inapplicable. 

14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the 

aircraft. As there are no on board pilots or passengers, and given 

the size of the UAS's, this Regulation is inapplicable. An 

equivalent level of safety will be achieved by maintaining a safety/

flight manual delineating areas of where safety can be defined.10 

The FAA has previously issued exemptions to this regulation in 

Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 

10167, 10167A, 10602, 10700 and 32827. 

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable 

insofar as my UAS utilizes electronic global positioning systems 

with a barometric sensor. 

14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil 

aircraft certifications and registrations. They are inapplicable for 

the same reasons described above. The equivalent level of safety 

will be achieved by maintaining any such required certifications 

and registrations by me, Matt Shelton

14 C.F.R. § 45.23: Marking of The Aircraft. 

Applicable Codes of Federal Regulation require aircraft to be 

marked according to certain specifications. My UAS are, by 

definition, unmanned. They therefore do not have a cabin, cockpit 
or pilot station on which to mark certain words or phrases. 

Further, two-inch lettering is difficult to place on such small aircraft 

with dimensions smaller that minimal lettering requirement. 

Regardless, I will mark its UASs in the largest possible lettering 

by placing the word “EXPERIMENTAL” on its fuselage as required 

by 14 C.F.R. §45.29 (f) so that I the pilot, or anyone assisting me 

as a spotter with the UAV will see the markings. The FAA has 

previously issued exemptions to this regulation through 

Exemptions Nos. 8738, 10167, 10167A and 10700. 

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

Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited 

to non-commercial operations. Further, while helpful, a pilot 

license will not ensure remote control piloting skills. The risks 

attended to the operation of my UAS is far less than the risk levels 

inherent in the commercial activities outlined in 14 C.F.R. § 61, et 

seq. Thus, allowing me, Matt Shelton, to operate my UAS meet 

and exceed current safety levels in relation to 14 C.F.R. §61.113 

(a) & (b). 

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

14 C.F.R. § 91.119 prescribes safe altitudes for the operation of 

civil aircraft. It allows helicopters to be operated at lower altitudes 

in certain conditions. My UAS will never operate at an altitude 

greater than 200 AGL; safely below the standard of 400 AGL. I, 

Matt Shelton, will however operate my UAS in safe areas away 

from public and traffic, providing a level of safety at least 

equivalent to or below those in relation to minimum safe altitudes. 

Given the size, weight, maneuverability and speed of my UAS, an 

equivalent or higher level of safety will be achieved. 

14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): 

Maintenance Inspections. 

The above-cited Regulations require, amongst other things, 

aircraft owners and operators to “have [the] aircraft inspected as 
prescribed in subpart E of this part and shall between required 

inspections, except as provided in paragraph (c) of this section, 

have discrepancies repaired as prescribed in part 43 of this 

chapter. . . .” 

These Regulations only apply to aircraft with an airworthiness 

certificate. They will not, therefore, apply to my, Matt Shelton, 

UAS. However, as a safety precaution I inspect my UAS before 

and after each flight. 

A Summary The FAA May Publish in the Federal Register: A. 14 

C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals 

and The Like. 14 C.F.R. 21, Subpart H, entitled Airworthiness 

Certificates, sets forth requirements for procurement of necessary 

airworthiness certificates in relation to FAR § 91.203(a)(1). The 

size, weight and enclosed operational area of my UAS permits 

exemption from Part 21 because my, Matt Shelton, UAS meets an 

equivalent level of safety pursuant to Section 333 of the Reform 

Act. The FAA is authorized to exempt aircraft from the 

airworthiness certificate requirement under both the Act (49 

U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both 

pieces of legislation permit the FAA to exempt UAS's from the 

airworthiness certificate requirement in consideration of the 

weight, size, speed, maneuverability and proximity to areas such 

as airports and dense populations. My UAS meets or exceeds 

each of the elements. 14 C.F.R. 91.7(a) prohibits the operation of 

an aircraft without an airworthiness certificate. As no such 

certificate will be applicable in the form contemplated by the 

FARs, this Regulation is inapplicable. 14 C.F.R. § 91.9 (b) (2) 

requires an aircraft flight manual in the aircraft. As there are no 

pilots or passengers, and given the size of the UAS's, this 

Regulation is inapplicable. An equivalent level of safety will be 

achieved by maintaining a manual. The FAA has previously 

issued exemptions to this regulation in Exemption Nos. 8607, 

8737, 8738, 9299, 9299A, 9565, 9565B, 10167, maintenance 

program that involves regular software updates and curative 
measures for any damaged hardware. Therefore, an equivalent 

level of safety will be achieved. 

In summary, Matt Shelton seeks an exemption from the 

following Regulations: 

14 C.F.R. 21, subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. §§ 61.113 

(a) & (b); 14 C.F.R. § 91.7 (a); 14 C.F.R. § 91.9 (b)(2); 14 C.F.R. § 

91.103(b); 14 C.F.R. § 91.109; 14 C.F.R. § 91.119; 14 C.F.R. § 

91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. §§ 91.203(a) and (b); 14 

C.F.R. § 91.405 (a); 14 C.F.R. § 91.407 (a)(1); 14 C.F.R. § 91.409 

(a)(2); 14 C.F.R. § 91.409 (a ) (2); and, 14 C.F.R. §§ 91.417 (a) & 

(b) to commercially operate my, Matt Shelton, small unmanned 

vehicle/lightweight unmanned aircraft vehicle in community 

awareness and real estate operations, and to develop economic 

platforms for real estate to enhance the experience of those 

seeking to relocate to the West Tennessee area. Currently, area 

awareness and real estate aerial videography/photography relies 

primarily on the use of larger aircraft running on combustible fuel. 

Posing potential risk to the public. Granting my, Matt Shelton, 

request for exemption will reduce current risk levels and thereby 

enhance safety. My UAS craft do not contain potentially explosive 

fuel, is smaller, lighter and more maneuverable than conventional 

real estate video and photographic aircraft with much less flight 

time. Further, I operate at lower altitudes and in controlled 

airspace eliminating potential public risk flying to and from 

established air fields. 

I, Matt Shelton, have been informally analyzing flight information 

and will compile safety protocols and the implementation of a 

flight operations manual for real estate usage that exceeds 

currently accepted means and methods for safe flight. Formal 
collection of information shared with the FAA will enhance the 

FAA's internal efforts to establish protocols for complying with the 

FAA Modernization and Reform Act of 2012. There are no 

personnel on board my, Matt Shelton, UAS and therefore the 

likelihood of death or serious bodily injury is significantly 

diminished. My, Matt Shelton, operation of my UAS, weighing less 

than 5 pounds and traveling at lower speeds within limited areas 

will provide an equivalent level of safety as that achieved under 

current FARs. Accordingly I, Matt Shelton, respectfully request 

that the FAA grant my exemption request and am willing to 

cooperate in sharing information to benefit the FAA, safety of 

manned aircraft, and the general public at large. 

Respectfully submitted, 

Matt Shelton 

Matt Shelton 

731-467-1086 

91 Stonebridge Suite 102 

Jackson, TN 38305