Page | 1  

February 15, 2016

United States Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re:  Exemption Request Pursuant to Section 333 of the FAA Reform Act of 2012

To Whom It May Concern:

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

11 of small Unmanned Air Aircraft Systems (UAS), John A. Belanger dba Sky Shots Drone Services is requesting to

be exempted from the Federal Aviation Regulations (FARs) contained herein so that John Belanger may operate a

UAS commercially in airspace regulated by the Federal Aviation Administration.  These operations will be conducted

within the guidelines and regulations established by the Federal Aviation Administration (FAA)  and any terms of

relief established and granted by the FAA’s approval of this request within the National Airspace System (NAS).  

Sky Shots Drone Services will be a sole proprietorship, owned and operated by John A. Belanger, who is a

Professional Commercial Pilot, with a wide range of flying experience.  Currently, John Belanger is a professional

Airline Transport Pilot for twenty‐nine years at a major US airline with previous experience as a Check Airman, ALPA

Safety Representative at a major US airline, Certified Flight and Ground Instructor at Embry Riddle Aeronautical

University and Flight and Ground Instructor at other fixed‐base Part 61 and 135 operations.  He has a total combined

flight experience of over 17,000 hours.  In addition to the above flight experience, John Belanger’s personal data

has been submitted and approved by TSA and Customs and Border Protection Organizations.  All UAV operations

of Sky Shots Drone Services will be in accordance with all current governing UAS regulations as established by the

FAA, as well as, all provisions contained in the FAA’s Small UAS NPRM (FAA’s proposed Part 107).

The approval of this request would permit the operation of lightweight (less than 55 lbs. total take‐off gross

weight) UAS under supervised and controlled conditions for commercial use by a Professional Certified Pilot.  This

would fulfill and add a level of safety to the Secretary of Transportation’s responsibilities to “....establish

requirements for the safe operation of such aircraft systems in the National Airspace System,” Section 333 (c) of

the Reform Act.
Page | 2  

The name and address of the applicant is:

John A. Belanger dba Sky Shots Drone Services (SSDS)

4 Highpointe Circle

Kittery, ME 03904

Phone:  (978) 265‐9948

Email:  skyshotsdrone@gmail.com

John A. Belanger dba Sky Shots Drone Services respectfully requests to be granted exemptions to the

following specific sections of the Title 14 Code of Federal Regulations allowing operations of lightweight UAS for

commercial purposes:

14 CFR Part 21    14 CFR Part 45    14 CFR Part 61    14 CFR Part 91   

Subpart H       45.23(b)    61.113(a), (b)     91.7(a)  

91.9(b) (2)

91.103(b)  

91.109

91.119  

91.121

91.151(a)  

91.203(a), (b)  

91.405(a)  

91.407(a) (1)  

91.409(a) (2)

91.417(a), (b)

The requested relief and exemptions would permit John A. Belanger to operate a UAS in a commercial

service business in the NAS.  These commercial services would consist of, but not limited to, initially operating a

registered DJB Phantom 3 quad‐copter (or similar type and category of UAS) to conduct aerial videography and

photography of real estate, construction sites, inspections,special events, aerialsurvey, inventory assessments, and

for marketing and/or advertising.  These services are not limited to the above and may expand as the capabilities

of UAS are realized.   

The UAS operates at speeds of less than 30 knots and has the capability to hover and move in a vertical and

horizontal plane simultaneously.  This operating speed is well below the proposed 87 knot limit.  The UAS will be

operated within the line‐of‐sight of the pilot within the protected flight area.   The DJB Phantom operates at a RC

frequency of 2.4 GHz for both control and video play back and complies with FCC regulations.  The UAS takes high‐
Page | 3  

quality still and video digital images that will be used to provide data and photographic images for commercial

customers.  Additional examples of aerial photography may include constructions sites, roof inspections and aerial

video/photography of sporting or special events or weddings.  The use of the UAS for aerial inspections reduces the

need to utilize conventional manned aircraft, manned lifting devices or manual climbing and provides very high‐

quality imagery at a fraction of the cost and increased safety.  These types of UAS operations will benefit the public

by reducing exhaust emissions, noise pollution, reducing setup and labor times in various occupational settings,

increasing safety and other operational efficiencies.  John A. Belanger will operate each UAS with a philosophy of

extreme safety.  This means that SSDS will operate its UAS in compliance with FAA regulations and any stipulated

exemptions with the utmost of concern for safety.  This type of policy will create a safe operational environment

that will not create undo hazards to the other users of the National Airspace System (NAS) or the public in general.

Authority for Exemptions  

John A. Belanger submits this application to request exemptions as set forth by the Congressional Mandate

in Section 333 of the Reform Act for the Commercial Use of UAS.  The purpose of the Reform Act is to help safely

introduce UAS into the National Airspace System (NAS).    In making this consideration, the Secretary of

Transportation isrequired to determine which types of UAS do not create a hazard to users of the NAS or the public,

or pose a threat to national security in light of the following considerations:

  ‐ The UAS size, weight, speed and operational capability.

  ‐ Operation of the UAS in close proximity to airports and populated areas.

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

Reform Act 333 (a).  If the Secretary of Transportation determines that such vehicles “may operate safely in the

National Airspace System, the Secretary shall establish requirements for the safe operation of such aircraft in the

National Airspace System.”

Given the clear direction of Section 333 of the Reform Act and the authority contained in the Federal

Aviation Act, as amended, the diminutive nature of the UAS that are utilized by Sky Shots Drone Services, combined

with the safety protocols outlined below, will allow for a greater than equivalent level of safety which Congress had

envisioned. Approval of the requested exemptions presents no national security issues and addresses all known

safety concerns, thus offering the equivalent or greater level of safety suggested by the mandate.   In addition,

further significant benefits to the general public would be:  enhanced safety, reduced emissions and noise versus

the use of traditional aircraft, as well as, reducing the cost of aerial photography, all of which meet the intent of

Reform Act 333.  
Page | 4  

Operation Procedures

The following protocols are to be used as standard operating practice of UAS for commercial purposes by

Sky Shots Drone Services:

1. The DJB Phantom 3 quad‐copter is registered with the FAA.  Any UAS to be used by John A. Belanger

will comply with any registration requirements of the FAA.

2. Flights will be operated in the visual line‐of‐sight (VLOS) by the pilot in command.

3. Flights will only occur in daylight hours (official sunrise to official sunset, local time)

4. The UAS weight will be less than 55 lbs. at takeoff and during flight and landing.

5. Flights will be terminated with 25% of battery life remaining.

6. Flights will be operated at an altitude at or below maximum allowed altitude for that flight, primarily

500 feet AGL within Class G airspace, unlessrequired ATC permissions are obtained for operation within

Class B, C, D, or E airspace.   

7. Maximum airspeed will be 100 mph (87 knots)  

8. Pilot, camera operators, and observers will be trained in accordance with the applicable portion of the

UAS manual, as well as the Standard Operating Procedures.

9. Minimum UAS crew will be one licensed pilot with a current FAA medical.  A camera operator and/or

observer may be added as required to further reduce the possibility of task saturation by the pilot.

10. Pilot, observer, and camera operator will maintain real‐time communication capability throughout

flight operations.

11. The UAS Pilot will conduct a full‐site survey to determine the Area of Responsibility (AOR).  This AOR is

the actual area for UAS operations for a particular day.  Each survey will include the assessment of

potential hazards to include, but not limited to:   airspace classifications, temporary flight restrictions,

closest airport proximity, natural and manmade obstacles, and unnecessary/non‐participating persons

which may pose a risk to operations or safety.  If deemed necessary, the crew will employ additional

personnel as safety observers.

12. A thorough briefing will be conducted, prior to the first flight of the day in an AOR, utilizing the briefing

guide in the SOPs.  Flights will be restricted to ceilings at or above 1000 ft. AGL and/or visibility of 3

statute miles or greater from center of AOR.

13. John A. Belanger will notify any persons who need to be within 100 feet of UAS flight operations.

14. Written and/or verbal permission from the relevant property owners will be obtained prior to flight.

15. All required permissions and permits would be obtained from territorial, state, county or city

jurisdictions, including local law enforcement, fire, or other governmental agencies.

16. If the UAS loses communications or loses its GPS signal, the UAS will have the capability to return to a

pre‐determined location within the AOR and land autonomously.

17. The UAS will have the ability to abort a flight in case of unpredicted obstacles or emergencies.   

18. A preflight inspection will be conducted prior to any operations and the UAS will be maintained in safe

condition for flight operations.   John A. Belanger will retain a Maintenance log book to record all

maintenance and modifications to the UAS.   

19. All flights will be electronically recorded and made available to the FAA upon request.   

20. The UAS will be marked with contact information and registration number.

21. All flights will follow all FAA proposed rules, including:  no careless or reckless operation, PIC will not

conduct flights if experiencing any physical or mental impairments.

22. Any accident that results in injury to property or persons will be reported within 10 days.

     
Page | 5  

Operator Certification and Responsibilities

John A. Belanger will be the owner/operator of the UAS dba Sky Shots Drone Services.  As previously

noted, John A. Belanger currently holds an ATP license, and works as a Professional Pilot at a major

commercial airline.    In this occupational position as a commercial Professional Pilot, John A. Belanger

already meets or exceeds the Operator Certification and Responsibilities provision set forth in the FAA’s

Small UAS NPRM.   John A. Belanger istested bi‐annually at an FAA‐approved testing center, and he is vetted

by the Transportation Security Administration.  John A. Belanger, as a Professional Airline Pilot, is required

to pass a FAA physical on a bi‐annual basis, and currently holds a First Class Medical Certificate.

Description of Specific Regulations

4 CFR Part 21 Subpart H:  Airworthiness Certificates 14 CFR 91.7(a), 91.203(a) (1)

Subpart H, entitled, “Airworthiness Certificates”, sets forth requirements for procurement of necessary

airworthiness certificates in relation to FAR 91.230(a) (1).  The size, weight, and defined area of operations

for Sky Shots Drone Services UAS flights permits exemption of Part 21 Subpart H, because Sky Shots Drone

Services 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 49 USC Section   

44701 (f) and Section 333 of the Reform Act.  Both pieces of legislation permit the FAA to exempt UAS from

the airworthiness certificate requirement in consideration of weight, size, speed, maneuverability and

proximity to areas such as airports and dense populations.  

 As previously noted in #17 of Operation Procedures:  A preflight inspection will be conducted prior to

any operations, prior to any flight, and the UAS will be inspected and maintained for safe operations.  

John A. Belanger will retain a Maintenance log book to record all maintenance and modifications to the

UAS.    This meets or exceeds any Airworthiness concerns under the Reform Act, and therefore, an

exemption to these regulations should be granted.

14 C.F.R 91.203(a), (b) provides for carrying of civil aircraft certifications and registrations.  They are inapplicable   

for the same reasons stated above.   

 The equivalent level of safety will be achieved by the aforementioned periodic maintenance and

inspections and applicable manuals and log books to be kept in the possession of John A. Belanger at

Sky Shots Drone Services.  

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 CFR 91.405(a), 407(a) (1), 409(a) (2), 417 (a), (b) Maintenance Inspections

These regulations require that an aircraft operator or owner,  “......shall have the aircraft inspected as

prescribed in Subpart E of this section and shall, between required inspections, except as prescribed in
Page | 6  

paragraph (c) of this section, have discrepancies repaired as prescribed in Part 43 of this chapter,    ....and

others shall inspect or maintain the aircraft in compliance with Part 43.”

   

 These regulations only apply to aircraft with an airworthiness certificate.  They will not, therefore, apply

to the UAS utilized by John A. Belanger, should its requested exemption be granted.  

 As an equivalent level of safety, John A. Belanger will conduct a preflight, through‐flight, and post‐flight

inspection of the UAS to ensure its flight worthiness.    Each UAS is flown in compliance with the

applicable manufacturer’s manual to include all software update cycles as well as flight checklists.  In

the event of a malfunction, the UAS can land immediately either automatically or through manual

control.

14 CFR 45.23 Marking of the Aircraft

Applicable Code of Federal Regulationsrequire aircraft to be marked according to certain specifications.  

The UAS operated at Sky Shot Drone Services are unmanned and do not have a cabin, cockpit, or pilot

station on which to mark certain words or phrases.   

 Due to the size, two‐inch lettering is impractical to place on such small aircraft.  There will, however, be

contact and registration information affixed to the aircraft’s exterior to allow identification of the

aircraft.

14 CFR 61.113 (a), (b) Private Privileges and Limitations:  Pilot in Command

Unlike civil aircraft, the UAS does not carry living things on board; rather, it is controlled remotely via a

safe and restricted location.   

 John A. Belanger, currently holding a commercial Professional Pilot License, meets and exceeds any FAA

operator requirements of small UAS.

14 CFR 91.9(b) (2) Civil Aircraft Flight Manual in the Aircraft

14 CFR 91.9(b) (2) requires an aircraft flight manual in the aircraft.   Asthere are no pilots or passengers,

and given the size of the UAS, this regulation is inapplicable.   

 An equivalent level of safety will be achieved by maintaining an Operator’s Manual at the operations

center.  The FAA has previously issued exemptions to this regulation.

14 CFR 91.103(b) Preflight actions

Each Pilot in Command shall, before beginning a flight, become familiar with all available information

concerning that flight.  This information must include:   (b) For any flight, runway lengths at airports of

intended use, and the following takeoff and landing distance information:   

 This subparagraph is not applicable due to our off‐airfield operation.
Page | 7  

14 CFR 91.109 Flight instruction:  Simulated instrument flight and certain flight tests

14 CFR 91.109 and all subparagraphs address the operation of a civil manned aircraft in conjunction

with the training and flight tests.   

 The UAS to be utilized by John Belanger dba Sky Shots Drone Services are not designed in this category.

14 CFR 91.121 Altimeter Settings

14 CFR 91.121 regarding altimeter settings is inapplicable.

 Sky Shots Drone Services UAS utilize GPS systems and interval gyroscopes to provide spatial stability

and reference datum.

14 CFR 91.151 Fuel Requirements for Flight in VFR Conditions

14 C.F.R 91.151 (a) states “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”

 The battery powering the UAS provides approximately 25 minutes of powered flight, which is less than

the reserve requirement alone by FARs for day or night VFR flight.  Given the limitations on the UAS

flight envelope, proposed AOR size, battery life and its ability to land immediately, it is reasonable to

allow an exception to this regulation.

 An equivalent level ofsafety can be achieved by limiting flightsto 25% of battery power.  Thisrestriction

would be more than adequate to return the UAS to its planned landing zone in the AOR

14 CFR 91.119 Minimum Safe Altitudes

14 CFR 91.119 prescribes safe altitudes for the operation of civil aircraft.    It allows helicopters to be

operated at lower altitudes in certain conditions.  

 John A. Belanger will normally operate his UAS at or below 500’ AFL.  In situations involving obstacles,

i.e. buildings, towers, natural obstructions, the UAS will be operated at altitudes that maintain a level

of safety above those objects that are not directly associated with the service being performed.  John

A. Belanger will operate a UAS only in a defined AOR that has been carefully reviewed for hazards and

minimizes the presence of any person not essential for operations.  UAS present a far smaller risk in

comparison to the flight operations with traditional aircraft or rotorcraft weighing far more than 55 lbs.

that use flammable fuel versus UAS that weigh less than 55 lbs. without the risks associated with

flammable fuel and operate at less than 500 AGL.
Page | 8  

 The equivalent or higher level of safety will be achieved given the size, weight, speed, and fuel

characteristics of the UAS, as well as, the location and size of its operating area.   

Summary

John Belanger dba Sky Shots Drone Services is seeking exemption from the following rules:  14 CFR 21  

Subpart H, 14 CFR 45.23 (b), 14 CFR 61.113 (a),(b), 14 CFR 91.7 (a), 91.9(b)(2), 91.103(b), 91.109, 91.119, 91.121,

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

Approval of the above exemptions allowing commercial operations of small UAS in the service of aerial

photography will greatly enhance safety by reducing the overall risk associated with traditional aircraft.  Traditional

aerial photography requires large aircraft weighing thousands of pounds and carrying hundreds of pounds of fuel

presenting a significant risk to life and property.  The use of a small UAS weighing less than 55 lbs., powered by

batteries and operating at altitudes at or below 500’ AGL will greatly minimize the risks associated with traditional

aerial photography.  John A. Belanger has the qualifications, knowledge, and skills necessary to meet and exceed

the provisions being proposed in the FAA’s Small UAS NPRM, and the intent of the Reform Act of 2012.   John

Belanger dba Sky Shots Drone Services respectfully requests that the FAA grants these exemptions without delay.   

     

Sincerely,

John A. Belanger

Sky Shots Drone Services                    

4 Highpointe Circle

Kittery, ME 03904

(978) 265‐9948

skyshotsdrone@gmail.com