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August 29, 2015

U.S. Department of Transportation 

Docket Management System

1200 New Jersey Avenue, SE

Washington, DC 20590

Re: Request for Amendment to Exemption No. 12044, Regulatory Docket No. FAA-2015-1540 under 

Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations

Dear Sir or Madam:

INTRODUCTION AND INTERESTS OF PETITIONER

This is a request for an amendment to the existing Section 333 Exemption No. 12044 to add an

additional aircraft to the exemption-holder’s authorized commercial operations. On July 15, 2015, the 

FAA granted this Petition for Exemption to operate small unmanned aircraft systems for the purpose of 

aerial photography. The Petitioner now seeks an amendment to this exemption authorizing the 

operation of additional aircraft as described in the manuals submitted in support of this amendment 

request. 

As detailed in this document and the attached proprietary Aircraft Information/Operators Manual, the 

requested exemption would permit the operation of sUAS under controlled conditions in airspace that is 

limited, predetermined, controlled as to access and would provide safety enhancements to the 

collection of aerial photography and videography. 

James Komsa is the owner and operator of Shore Aerial Photography and will serve as the PIC. He holds 

a private pilot certificate with an instrument rating. His associate and co-owner is Patricia Komsa and 

she will serve as the safety coordinator as well as the VLOS spotter.

Other than the addition of the new aircraft, there are no other changes requested to original exemption. 

990 Cedarbridge Avenue

Suite B7-157

Brick, New Jersey 08723

1.800.292.8043
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NAME AND ADDRESS OF PETITIONER

The name and address of the applicant is:

Shore Aviation Services, LLC, dba Shore Aerial Photography

Attn: James Komsa

990 Cedarbridge Avenue 

Suite B7-157

Brick, NJ 08723

800-292-8043

Email: jim@shoreaerial.com

SECTIONS OF 14 C.F.R. FROM WHICH SHORE AERIAL PHOTOGRAPHY SEEKS EXEMPTION

14 C.F.R. 91.7(a)

14 C.F.R. 91.119(c)

14 C.F.R. 91.121

14 C.F.R. 91.151(b)

14 C.F.R. 91.405(a)

14 C.F.R. 91.407(a)

14 C.F.R. 91.409(a)

14 C.F.R. 91.417(a)

EXTENT OF RELIEF AND REASON SHORE AERIAL PHOTOGRAPHY SEEKS RELIEF

14 C.F.R. 91.7(a) Civil aircraft airworthiness

An equivalent level of safety will be provided given the size of the aircraft and the requirements 

contained in the Aircraft Information/Owner’s Manual for maintenance and use of safety checklists prior 

to each flight.

14 C.F.R. 91.119(c) Over other than congested areas

Operations of the aircraft will be conducted at distances less than 500 feet from participating persons, 

vessels, vehicles or structures that perform an essential function in connection with these special 

purpose operations.
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14 C.F.R. 91.121 Altimeter settings

Altitude of the aircraft will be provided to the PIC via radio communications telemetry data link, which 

downlinks from the aircraft to the PIC for active monitoring of the aircraft’s altitude.

14 C.F.R. 91.151(b) Fuel requirements for flight in VFR conditions

The sUAS will not begin flight unless (considering wind and forecast weather conditions) there is enough 

fuel (battery voltage) to fly to the first point of attending landing and, assuming normal cruising speed, 

to fly after that for at least two minutes. 

14 C.F.R. 91.405(a) Maintenance requested, 14 C.F.R. 91.407(a) Operation after maintenance, 

preventative maintenance, rebuilding or alteration, 14 C.F.R. 91.409(a) Inspections, 14. C.F.R. 91.417(a), 

maintenance records

Shore Aerial Photography’s aircraft Information/Operator’s Manual contains daily, preflight, monthly 

and yearly checks for the aircraft. Adherence to this manual is sufficient to ensure that safety is not 

adversely affected

Shore Aerial Photography will carry out its maintenance, inspections and record keeping requirements in 

accordance with the Aircraft Information/Operators Manual. Maintenance , inspection and alterations 

will be noted in the aircraft logbook, including total flight hours, description of work accomplished and 

the signature of the authorized sUAS technician returning to service. 

SHORE AERIAL PHOTOGRAPHY’S SUPPORT OF REQEUST; ORGANIZED INTO THREE SECTIONS

1. The unmanned aircraft system

2. The sUAS Pilot in Command (PIC)

3. The sUAS operating parameters 

(1)The Unmanned Aircraft Systems

The unmanned aircraft system that Shore Aerial Photography intends to add to the pre-existing 

exemption is the DJI Phantom Vision Plus.

The DJI Phantom Vision Plus s a radio controlled electric powered (battery) carbon fiber Quadcopter

measuring 7 inches high by 13 inches wide. It weights 2.7 pounds with the camera and battery. The 

aircraft carries a DJI camera or similar device, stabilized by a three axis gimball. Communications 

between the PIC and sUAS will be accomplished using a standard hand held R/C transmitter on the 

ground and a receiver on the sUAS. The system operates on a frequency of 5.7-5.8Ghz which is 

permitted by the FCC. The transmitter/receiver uses telemetry to send certain data such as altitude and 

battery levels back to the PIC via transmitter. Further details of the use and maintenance can be found 
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in the Aircraft Information/Operators Manual of the DJI Phantom Vision Plus. The sUAS will not weigh 

more than 3 pounds when fully loaded, operates under normal conditions, at speeds no greater than 30 

knots, carries no explosive materials or flammable liquid fuels, operates exclusively within a secure area 

detailed in this application with no pilots or passengers on board. In the event of a GPS or 

communication signal loss, the sUAS possesses the ability to return to a pre-determined location with 

the secured perimeter and land. 

Shore Aerial Photography will perform maintenance by the following procedures outlined in the Aircraft 

Information/Operators manual. The Aircraft Information/Operators manual prescribes required 

maintenance and requires the operator to keep a log pertaining to each flight. Shore Aerial 

Photography notes that because of the aircraft’s limited size, payload and operational constraints, 

immediate landings can be performed in case of mechanical issues. 

Given the size and weight of the sUAS, the fact that it has a limited range (15 minutes max. battery), 

carries no flammable fuel, carries no crew or passengers and employs fail safe features, Shore Aerial 

Photography believes it can be operated within the NAS with minimal risk to persons and property in the 

air and on the ground. 

(2)The sUAS Pilot in Command

Shore Aerial Photography proposes that, lacking any current sUAS PIC licensing procedures, the operator

of its sUAS should hold at least a private pilot certificate with a valid third class medical certificate. 

James Komsa is the owner and operator of Shore Aerial Photography and will serve as the PIC. He holds 

a private pilot certificate with an instrument rating. Additionally, he is actively training for his 

commercial pilot license and he has a valid third class medical certificate. James is also a police officer in 

the State of New Jersey. His associate and co-owner Patricia Komsa will serve as the safety coordinator 

as well as the VLOS spotter.

Anyone else that would be acting as PIC of Shore Aerial Photography’s DJI Phantom Vision Plus would 

first have to demonstrate to James Komsa that he or she has met the qualifications outlines above and is 

capable to act as PIC of the sUAS.

(3) The sUAS Operating Parameters

Operations authorized by this grant of exemption would be limited to Shore Aerial Photography’s sUAS, 

the DJI S-900, which has already been approved by the FAA, in addition to the DJI Phantom Vision Plus

which is included in this petition. 

The sUAS will not be flown at an indicated airspeed of greater than 30 knots.
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The sUAS will be operated at an altitude of no more than 400 feet above ground level (AGL), as indicated 

by the procedures specified in the Aircraft Information/Operators Manual. All altitudes reported to ATC 

will be in feet AGL. 

The sUAS will be operated within the visual line of sight (VLOS) of the PIC at all times

All operations will utilize a visual observer (VO). The VO and PIC will be able to communicate verbally at 

all times. The PIC will be designated before flight and cannot transfer his/her designation for the 

duration of the flight. The PIC will ensure that the VO can perform the functions prescribed in the 

Aircraft Information/Operators manual. 

Prior to each flight, the PIC will inspect the UAS to ensure it is in a condition of safe flight. It the 

inspection reveals a condition that affects the safe operation of the sUAS, the aircraft will be taken out 

of service until the necessary maintenance has been performed and the sUAS is found to be in a 

condition for safe flight. The ground control station will be included in the preflight inspection. All 

maintenance and alterations will be properly documented in the aircraft records. 

If the sUAS has undergone maintenance or alterations that affect the sUAS operation of flight 

characteristics, it will undergo a functional test flight in accordance with the aircraft 

information/owner’s manual. The PIC who conducts the functional test flight will make an entry in the 

sUAS records of flight.

Shore Aerial Photography will carry out its maintenance, inspections, and record keeping requirements 

in accordance with the aircraft Information/Operators Manual. Maintenance, inspection and alteration 

will be noted in the aircraft logbook, including total flight hours, description of work accomplished and 

the signature of the authorized DJI technician returning the DJI Phantom Vision Plus to service .

The PIC will possess at least an FAA Private Pilot’s Certificate and at least a third class medical certificate. 

If the sUAS loses communications or loses its GPS signal, the sUAS will return to a pre-determined 

location within the private or controlled-access property and land or be recovered. 

The PIC will abort the flight in the event of unpredicted obstacles or emergencies in accordance with the 

Aircraft Information/Operators Manual. 

The PIC will not begin flight unless (considering wind and forecast weather conditions) there is enough 

power (battery voltage) to fly to the first point of intended landing and, assuming normal cruising speed, 

to fly after that for at least two minutes. 

Before conducting operations, the radio frequency spectrum used for operation and control of the sUAS 

will comply with the FCC or other appropriate government oversight agencies. 

The documents required under 14 C.F.R. 91.9 and 91.203 will be available to the PIC at the ground 

control station of the sUAS any time the aircraft is operating. These documents will be made available 

to the Administrator or any law enforcement officer upon request. 
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The sUAS will remain clear of and yield the right of way to all other manned operations and activities at 

all times (included but not limited to ultra-light vehicles, parachute activities, parasailing activities, hand 

gliders, etc..).

sUAS operations will not be conducted during night as defined in 14 C.F.R. 1.1.

All operations will be conducted in Class G airspace. 

During operations in Class G airspace, the SUAS will not operate within five nautical miles of the 

geographic center of an airport denoted on a current FAA-published aeronautical chart unless a letter of 

agreement with the airport’s management is obtained and the operation is conducted in accordance 

with a NOTAM as required by the operator’s COA. The letter of agreement with the airport 

management will be made available to the Administrator upon request. 

The sUAS will not be operated over congested or densely populated areas.

Operation of the sUAS will be conducted at distances less than five hundred feet from participating

persons, vessels, vehicles or structures that perform an essential function in connection with these 

special purpose operations.

Operations of the sUAS may be conducted as distances of less than five hundred feet from unoccupied

vessels, vehicles or structures owned by the land owner/controller when the land owner/controller 

grants such permission and the PIC makes a safety assessment of the risk from operations closer to 

these objects. 

All operations will be conducted over private or controlled-access property with permission from the 

land owner/controller or authorized representative. Permission from the land owner/controller will be 

obtained for each flight being conducted. 

REASONS WHY GRANTING SHORE AERIAL PHOTORAPHY’S REQUEST 

WOULD BE IN THEH PUBLIC INTEREST

Shore Aerial Photography submits this Petition to perform commercial operations using its sUAS for 

aerial photography and videography. 

Our clients will be inclusive of but not limited to commercial construction companies, land developers, 

real estate agents, marinas, solar farms and owners of cellular facility telephone towers.

With regard to cellular facility telephone towers, routine inspections of the towers frequently required 

to assess the integrity of the towers and/or to make a assessment as to the cause of a technical problem 

To accomplish this, owners of cellular telephone towers have to hire a team of climbers to make the 

assessment which is extremely risky to the climbers. According to the US Department of Labor, in 2013 

alone, thirteen tower climbers were killed at communication tower worksites. See attached OSHA 

document. 
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As a result of the high risks associated with tower climbers, a portion of our clients will be owners of 

cellular telephone facilities. Our clients will reduce injury/death of tower climbers by having a sUAS take 

still images and provide live video feed to conduct visual inspections of these facilities. It should be 

noted that a traditional manned aircraft cannot safely or legally get low or close enough to a cellular 

telephone tower to obtain aerial images and/or video of a tower for inspection purposes. Additionally, 

there is a significant risk to life and property in the air and on the ground in attempting to use a manned 

aircraft for this type of operation. 

The sUAS with its small size and weight, has less physical potential for collateral damage to life and 

property on the ground, and in the air, compared to manned aircraft. As a result, the risk associated

with aerial photography and videoagraphy using a manned aircraft will be substantially reduced or 

completely eliminated. 

In addition, these public and private clients who require aerial photography/videography will be able to 

be provided these services at a lower economic cost than using a manned aircraft. 

REASONS WHY GRANTING EXEMPTION WOULD NOT ADVSERSELY EFFECT PUBLIC SAFETY

Many of the same reasons that this exemption would be in the public interest apply to why it would not

adversely affect safety. As previously stated, the risk to life and property in the air and on the ground, 

which is usually associated with manned aircraft flight operations, will be substantially reduced or 

completely eliminated. Aside from the lack of aircrew members located on board the aircraft, the sUAS, 

with its small size and weight, has less physical potential for collateral damage to life and property on 

the ground, and in the air, compared to manned aircraft that typically conduct aerial photography and 

videography. 

Properly using sUAS to perform the tasks outlined above would be safer than traditional methods. 

SUMMARY THAT CAN BE PUBLISED IN THE FEDERAL REGISTRAR

Shore Aviation Services LLC, dab Shore Aerial Photography, an aerial photography company, seeks 

exemption from the requirements of 14 C.F.R. 91.7(a), 91.119(c), 91.121, 91.151(b), 91.405(a), 

91.407(a), 91.409(a) and 91.417(a). This exemption would permit Shore Aerial Photography to operate 

its sUASs to safely collect various forms of aerial images and video for commercial use.

14 C.F.R. 91.7(a) civil aircraft airworthiness

An equivalent level of safety will be provided given the size of the aircraft and the requirements 

contained in the aircraft information/owner’s manual for maintenance and use of safety checklists prior 

to each flight. 

14 C.F.R. 91.119(c) over other than congested areas
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Operations of the aircraft will be conducted at distances less than 500 feet from participating persons, 

vessels, vehicles or structures that perform an essential function in connection with these special 

purpose operations.

14 C.F.R. 91.121 Altimeter settings

Altitude of the aircraft will be provided to the PIC via radio communications telemetry data link, which 

downlinks from the aircraft to the PIC for active monitoring of the aircraft’s altitude.

14 C.F.R. 91.151(b) Fuel requirements for flight in VFR conditions

The sUAS will not begin flight unless (considering wind and forecast weather conditions) there is enough 

fuel (battery voltage) to fly to the first point of attending landing and, assuming normal cruising speed, 

to fly after that for at least two minutes. 

14 C.F.R. 91.405(a) Maintenance requested, 14 C.F.R. 91.407(a) Operation after maintenance, 

preventative maintenance, rebuilding or alteration, 14 C.F.R. 91.409(a) Inspections, 14. C.F.R. 91.417(a), 

maintenance records

Shore Aerial Photography’s aircraft information/operator’s manual contains daily, preflight, monthly and 

yearly checks for the aircraft. Adherence to this manual is sufficient to ensure that safety is not 

adversely affected

Shore Aerial Photography will carry out its maintenance, inspections and record keeping requirements in 

accordance with the aircraft information/operators manual. Maintenance , inspection and alterations 

will be noted in the aircraft logbook, including total flight hours, description of work accomplished and 

the signature of the authorized SUAS technetium returning to service. 

CONCLUSION 

As set forth above, Shore Aerial Photography seeks an exemption pursuant to 14 C.F.R. 11.61 and 

Section 333 of the FAA Modernization and Reform Act which will permit the safe operation of its sUAS 

commercially, for the special purpose of conducting aerial photography and videography along with 

aerial inspections of cellular facility towers. By granting the Petition, the FAA Administrator will be 

fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012, while also 

advancing the interests of the public, by allowing Shore Aerial Photography to safely, efficiently and 

economically operate its sUAS commercially within the NAS. 

Respectfully submitted,

James Komsa

Owner, Shore Aerial Photography 
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APPRENDICES

Aircraft Information/Operator’s Manual for DJI S-Phantom Vision Plus/Preflight checklist (checklist is on

page 25 of the manual)