September 10, 2015

Exemption No. 12816

Regulatory Docket No. FAA−2015−2601

Mr. Vince Karam

Buffalo Aerial Photography

107 Calvin Court South

Tonawanda, NY 14150

Dear Mr. Karam:

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 letter dated June 2, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Buffalo Aerial Photography (hereinafter petitioner or operator) for an exemption. 

The petitioner requested to operate an unmanned aircraft system (UAS) to conduct aerial 

photography.

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 are the DJI Phantom 3 Advanced and DJI Phantom 3 

Professional.

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 
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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 

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, Buffalo Aerial Photography 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.

 

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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Conditions and Limitations

In this grant of exemption, Buffalo Aerial Photography is hereafter referred to as the operator.

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 3 

Advanced and DJI Phantom 3 Professional 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, 
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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 

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.
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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 

(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.
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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.

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.
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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.

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.
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This exemption terminates on September 30, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
Buffalo Aerial Photography

107 Calvin Court South 

Tonawanda, NY 14150

info@bfloaerialphoto.com

716-903-0559 cell phone

June 2, 2015

US Department Of Transportation

Federal Aviation Administration

800 Independence Ave SW

Washington DC 20591

Dear Sir or Madam:

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

act) and CFR Part 11, Buffalo Aerial Photography , owner and operator of Small 

Unmanned Aircraft Systems (UASs), request to be exempted from the Federal Aviation 

Regulations (FAR) listed below so that Buffalo Aerial Photography may operate UASs 

commercially in airspace regulated by the FAA., as long as such operations are 

conducted within and under the conditions outlined herein or as maybe established by 

the FAA as required by Section 333.

 Buffalo Aerial Photography is owned by Vincent Karam. I’am also a Gulf War Veteran I

have a Valid New York State Drivers license. I will be the pilot in charge and All 

operations will be performed with the public’s safety and right to privacy safe guarded 

at all times. 

 As described below, the requested exception would permit the operation of light 

weight (less than 55 lbs. total takeoff weight) UASs under controlled conditions for 

commercial use by a certified private pilot thereby enhancing safety and fulfilling the 

Secretary of Transportation’s ( the FAA Administrator’s) responsibility to” establish 

requirements for safe operation of such aircraft systems in national airspace systems.” 

Section 333(c), of the Reform Act. 

 Buffalo Aerial Photography UASs are rotorcraft weighing less than 55 pounds including 

payload. (The DJI Phantom 3 Advanced Quad Copter and The DJI Phantom 3 

Professional)They operate at a speed less than 50 knots and have the capability to hover 

and move in the vertical and horizontal plane simultaneously. Both have an auto return 
to launch point when battery power is under 25%. The UAS will operate within the line 

of sight with in a protected flight area as described below and at 400 feet AGL or less 

with an observer located close at hand as to make voice communication possible. These 

operations will not create a hazard to users of the nation airspace, public nor the 

environment.

 Buffalo Aerial Photography respectfully requests the grant of an exception to the 

following specific sections of the Title 14 Code of Federal regulations allowing it to 

operate lightweight UASs for commercial use, 14 CFR 21, subpart H, 14 CFR 45.23 (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)&(b).

 Buffalo Aerial Photography submits this application in accordance with the Reform Act 

,112 P.L. 95 331-334, seeking relief from any currently applicable FAR’S operating to 

prevent Buffalo Aerial Photography future commercial use of small UASs to operate in 

the national airspace system as described below. The reform Act section 332 provides 

for such integration of civil unmanned aircraft into our national airspace system as it is 

in the public’s interest to do so. Buffalo Aerial Photography’s UASs meet the definition 

of “small unmanned aircraft” as defined in Section 331 and therefor the integration of 

these UASs are expressly contemplated by the Reform Act. Buffalo Aerial Photography 

would like to operate its light weight UASs prior to the time period by which the Reform 

Act requires the FAA to promulgate rules governing such aircraft.

 The Reform Act directs the Secretary of Transportation to consider whether certain 

unmanned aircraft systems may operate safely in national airspace before completion 

of the rule making required under Section 332 of the reform Act. In making this 

determination, the Secretary of Transportation is required to determine which UASs do 

create a hazard to users of the national airspace system or the public or pose a threat to 

national security in light of the following:

 The UASs size, speed, weight and operational capability

 Operation of the UASs in close proximity to airports and populated areas

 Operation of the UASs within visual line of sight of the operator

 Reform Act 333(a). If the secretary determines that such vehicles “may operate safely 

in National Airspace System, the secretary shall establish requirements for the safe 

operation in national airspace.

 Buffalo Aerial Photography UASs are rotorcraft weighing less than 55 lbs. and they

operate at speeds less than 50 knots and have the capability to operate in the vertical 

and horizontal plane simultaneously. The UASs will operate only within the line of sight 

of the operator within a protected flight area and at 400 feet AGL or less. These will not 

present a hazard to the national airspace nor the public.
 The very small nature of these UASs combined with the safe guards presented below, 

will allow for the safe operation greater than that envisioned by Congress for the FAA to 

establish and by exemption allow commercial operations of UASs to commence 

immediately. Also due to the size of UASs and the areas and altitudes they will operate 

approval of this exception presents no national security issues and absolutely minimal 

safety concerns which have been mitigated through our rigorous risk management 

process. Given the clear direction given in Section 333 of the Reform Act, the authority 

contained in the Federal Aviation Act, as amended, the strong equivalent level of 

enhanced safety, reduced emissions utilizing UASs verses traditional aircraft as well as 

the economic impact of greatly reducing the cost of aerial photography thereby 

benefiting the greater public’s interest. Accordingly, the applicant requests that the FAA 

grant the requested exemption without delay.

 The following will be considered as the binding limitation on operations of Buffalo 

Aerial Photography

1. Flights will only occur in the day time hours,

2. Flights will be operated in the line of sight of the operator( PIC) and Observer,(VSO)

3. Flights will be terminated at any time weather and wind deteriorate to “unsafe for 

flight” by manufacturers recommendations,

4. The UASs will weigh less that 55 lbs., 

5. Flights will be operated at 400 feet AGL or less. 

6. Crew will be at a minimum of operator(PIC) and an observer and/or camera 

operator(VSO),

7. Operator and crew will remain in contact during the flight operation,

8. The UASs operator will perform a check of the flight area and make certain of the 

safety of all persons in the area,

9. Consent will be obtained from all persons with in the video capabilities of the units to 

further reduce the chance of violating anyone’s privacy. 

10. All required FAA clearances, will be obtained and distances from airports strictly 

observed. 

11. All UASs will have the capability to return automatically to the operator in a safe 

manner with the auto return function checked and working. 

12. When operated in conjunction with fishing vessels in the gulf, a chase boat will be 

assigned to operate the UASs at a safe distance from the main fishing boat.

13. Flights will only operate in VFR conditions.

14. UASs have a function on the control to tell operator the distance away from the 

operator and its battery power remaining.

15. Flight team will communicate by voice and the use of two-way radio if the area is too 

big to hear voice from all team members.

16. UASs will be used to video private outings and functions, boating, jet skiing, kayaking, 

Real estate photos and sporting events from a safe distance, .
17. When operating over or near water the UASs will be equipped with flotation devices 

so that recovery can be made as to prevent lithium battery exposure to the water 

table.

14 CFR part 21 Subpart H: Airworthiness Certificate 14 CFR 91.7(a), 91.203(a)(1)

 Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement 

of necessary certificates in relation to FAR 91.203(a)(1). The size, weight and defined 

area of operations for Buffalo Aerial Photography UASs flights permits exception from 

Part 21 because they meet 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 USC 4470(f) and Section 333 of the Reform Act. 

Both pieces of legislation permit the FAA to exempt UASs from airworthiness certificates 

in consideration of weight, size, speed, maneuverability and proximity to areas such as 

airports and dense populations. Buffalo Aerial Photography meets or exceeds each of 

these elements

As of March 23, 2015 the FAA has stated that it will automatically grant a “blanket” COA 

for flights at or under 400 AGL to any UASs operator with a section 333 exemption.

 14 CFR 91.203(a&b) provides for carrying of civil aircraft certifications and 

registrations. These are inapplicable for the same reasons stated above. The equivalent 

level of safety will be achieved by maintaining such certifications and registrations at 

Buffalo Aerial Photography operations center.

 14CFR91.7 (a) prohibits the operation of an aircraft without an airworthiness 

certificate. As no such certificate will be applicable in the form contemplated by FAR’s 

this regulation is inapplicable.

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

 14 CFR 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 UASs this regulation is inapplicable. An 

equivalent level of safety will be achieved by maintaining such certifications and 

registrations at. Buffalo Aerial Photography. The FAA has previously issued exemptions 

to this regulation in Exemptions No’s 

8607,8737,8738,9299,9299A,9565,9565B,10167,10167A,10602,10700 and 32827.

14 CFR 91.119 Minimum safe altitudes, prescribes safe altitudes for operation of civil 

aircraft. It allows helicopters to be operated at lower altitudes in certain conditions.

Buffalo Aerial Photography will only operate its UASs at or below 400AGL. They will be 

operated on a will defined AOR that has been carefully reviewed for hazards and 

minimizes the presence of any persons not essential for these operations. Flights will 
only be over private property that the owner has consented and all persons within this 

video area also give consent for this filming. Compared to flight operations of 

conventional and traditional aircraft or rotorcraft weighing far more than 50 lbs., 

operating below 500 AGL with flammable fuel UASs operations present a far smaller risk 

to the public.

 Approval of these 333 Exemptions allowing commercial operations of small UASs 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 

with flammable fuel to fly in close proximity of populated areas and people in general. 

With the use of small UASs of 55 lbs. or less, battery operated and fling below 400 feet 

AGL the risk of injury of people on the ground or the crew has been reduced or almost 

erased. The granting of the use of these small UASs by Buffalo Aerial Photography will 

give the people another avenue to express themselves and to have a video record to 

share with family and friends forever.

Granting Buffalo Aerial Photography the above exemption will allow for the expansion of 

UAS systems into the future for the safe conduct of free enterprise and the enjoyment 

of the masses.

Buffalo Aerial Photography respectfully requests the FAA grant its exception without 

delay. The FAA has the authority to issue the exemption sought by Buffalo Aerial 

Photography pursuant to the Federal Aviation Act, 85 P.L. 726 (1958) as amended (the 

ACT).

Sincerely

Vince Karam

 Buffalo Aerial Photography

107 Calvin Court South 

Tonawanda, New York 14150

info@bfloaerialphoto.com