U.S Department of Transportation April 10, 2015

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Filed with www.regulations.gov

Re: Petitions for Exemption Under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation 

Regulations

Dear Madam, Sir,

Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the "Reform Act"), P .L. 112-

95, "Special Rules for Certain Unmanned Aircraft Systems" and 14 C.F .R. Part 11, Adam Szaruga 

providing Real Estate and Sporting Event photography and videography services, seeks an exemption 

from the Federal Aviation Regulations ("F ARs") and listed below:

14 C.F.R. Part 21 

14 C.F.R. 45.23 

14 C.F.R. 45.29 

14 C.F.R. 61.3 

14 C.F.R .61.23

14 C.F.R. 61.113(a) & (b) 

14 C.F.R. 61.133(a) 

14 C.F.R. 91.7(a) 

14 C.F.R. 91.9

14 C.F.R. 91.109(a) 

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 

14 CFR Subpart E (91.401 - 91.417)

Summarized for purposes of Federal Register publication:

Applicant seeks an exemption from the following rules: 

. 14 C.F.R. Part 21, 14 C.F.R. 45.23, 14 C.F.R. 45.29, 14 C.F.R. 61.3, 14 C.F.R . 61.23

, 14 C.F.R. , 1.113(a) & (b), 14 C.F.R. 61.133(a), 14 C.F.R. 91. 7(a), 14 C.F.R. 91.9, 14 C.F.R. 91.109(a), 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, 14 CFR Subpart E (91.401- 91.417) 

to operate commercially a small unmanned vehicle (55lbs or less) augmenting its real estate and 

sporting event photography and videography operations.
Contact for the Applicant is:

Adam Szaruga

Mailing Address: 1253 Rivermark Ct.

Lawrenceville, GA 30043

Phone: 404-583-8262

Email: adamszaruga@gmail.com

The requested exemption would authorize commercial operations using the UAV for real estate and 

sporting event photography and videography. These operations will be subject to strict operating 

conditions defined by the UAV manufacturer’s standards and procedures in order to ensure at least an 

equivalent level of safety to currently authorized operations using manned aircrafts.

Upon receipt of the exemption contemplated herein, I shall, if required, obtain a Certificate of Waiver or 

Authorization (COA) form the FAA Air Traffic Organization prior to conducting operation(s) in the NAS.

Proposed Use

The main use of this UAS would be taking photos and videos for live sporting events and real estate 

photography . The UAS systems that I plan to use is a DJI PHANTOM 3 PROFESSIONAL and will be 

referenced in this document and also in the attached user manual. 

1. The safe operation to the NAS and/or persons and/or property 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 in command (PIC) always has a 

visual on the rear mounted LED flight Indicator. Additional safety features on the DJI PHANTOM 3 

PROFESSIONAL include, return to home, low voltage, enhanced failsafe along with operating in the less 

populated 2.4-2.483 GHZ frequency range. 

2. Pre-flight 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 3 PROFESSIONAL is in the 2.4 - 2.483 GHZ range. The 

maximum take-off weight less than 1200g. Max Ascent speed is 5 m/s, and the Max Descent speed it 3 

m/s. The Maximum flight Velocity is 16 m/s. The cruise speed is 5 m/s.

4. The PIC will be only Adam Szaruga who has a minimum of 80 hours flying time with the previous 

version of the Phantom 3 Professional model, the DJI PHANTOM 2 VISION PLUS model. Testing, updating 

and programming the DJI PHANTOM 3 PROFESSIONAL firmware would be done on a monthly schedule

5. I am in good medical health and sound mental health. I have no arrests or felonies. I have recently 

passed a background check and obtained a security clearance to work at the Georgia Tech Research 

Institute. 

6. The intended use of this DJI PHANTOM 3 PROFESSIONAL is to expand my independent contracting 

business by offering aerial photography to realtors and sports organizations. The intention to offer these 
services is motivated by me need to pay for my college education. UAS aerial photography is a relatively 

new industry, and my early entry into the market would provide a competitive edge.

7. All photo flights for hire would have the date, time, GPS coordinates along with the camera metadata 

recorded on a hard drive and backed up to cloud storage services. This data would be kept readily 

available for a period of 1 year after each aerial flight for hire.

8. The proposed flight time will be the lesser of 30 minutes or the time-duration of the UAV battery.

I will also file for a Certificate of Waiver or Authorization (COA). In the event that a COA request is not 

granted the petitioner would ask that this request for exemption still be granted with a conditional use. 

The DJI PHANTOM 3 PROFESSIONAL will never be flown 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. My main objective is to offer aerial real estate and sporting event photography at a 

competitive rate for the general public in the safest way possible.

Public Interest:

Granting my request would be in public interest by giving an opportunity for real estate photographers 

and sporting event photographers to offer safer and more competitively priced aerial photography to 

the general public.

This exemption would not adversely affect the safety of the general public due to the size, weight, and 

keeping of the UAS in visual sight. The safety mechanisms of the herein described UAS provide further 

protections when the PIC is no longer in control of the UAS. In comparisons to aerial photography from 

manned aircraft, low altitude photography from a UAS would be safer and have less of an environmental 

impact.

Thank you for your attention to this matter.

Respectfully submitted,

Adam Szaruga
ANNEX A

EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS UNDER APPLICABLE RULES 

SUBJECT TO EXEMPTION

Adam Szaruga requests an exemption from the following regulations as well as any additional 

regulations that may technically apply to the operation of the DJI Phantom 3 Professional ("UAV”): 

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 CFR § 91.203 

Section 91.203 requires all civil aircraft to have a certificate of airworthiness. Part 21, Subpart H, entitled 

Airworthiness Certificates, establishes the procedural requirements for the issuance of airworthiness 

certificates as required by FAR§ 91.203(a). Given the size of the UAV, its very light weight and the 

limited operating area associated with its utilization, it is unnecessary to go through the certificate of 

airworthiness process under Part 21 Subpart H in order to achieve or exceed current safety levels. 

Such an exemption meets the requirements of an equivalent level of safety under Part 11 and Section 

333 of the Reform Act. The Federal Aviation Act and Section 333 of the Reform Act both authorize the 

FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the 

size, weight, speed, operational capability, and proximity to airports and populated areas of the UAS 

involved. An analysis of these different criteria demonstrates that the UAV operated without an 

airworthiness certificate, under the conditions proposed in that exemption, will be at least as safe, or 

safer, than a conventional aircraft with an airworthiness certificate. 

14 C.F.R. § 45.23 & 14 C.F.R. § 45.29: Display of marks; size of marks

These regulations provide that each aircraft must display "N" and the aircraft's registration number in 

letters at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters 

at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. Given the size of the UAVs, 

this requirement is impossible to match. 

14. CFR §61.23: Medical certificates: Requirement and duration

Regulations provide that a person:

(1) Must hold a first-class medical certificate:

• When exercising the pilot-in-command privileges of an airline transport pilot certificate; 

• When exercising the second-in-command privileges of an airline transport pilot certificate in a flag or 

supplemental operation in part 121 of this chapter that requires three or more pilots; or

• When serving as a required pilot flight crewmember in an operation conducted under part 121 of this 

chapter if the pilot has reached his or her 60th birthday. 
(2) Must hold at least a second class medical certificate when exercising: 

• Second-in-command privileges of an airline transport pilot certificate in part 121 of this chapter (other 

than operations specified in paragraph (a)( 1 )(ii) of this section); or 

• Privileges of a commercial pilot certificate 

Given the size of the UAV, its structure, the limited flight area, and the safety features integrated in the 

autopilot (among others a flight termination system), Adam Szaruga believes that an Equivalent Level of 

Safety can be reached if the operator has a valid driver's license. 

14 C.F.R. § 61.3: Requirements for certificates, ratings and authorizations 

14 C.F.R. § 61.113(a} & (b); 61.133(a}: Private Pilot Privileges and Limitations; Pilot in Command; 

Commercial Pilot Privileges and Limitations 

The regulation provides that no person may serve as a required pilot flight crewmember of a civil 

aircraft of the United States, unless that person: 

(1) Has a pilot certificate or special purpose pilot authorization issued under this part in that person's 

physical possession or readily accessible in the aircraft when exercising the privileges of that pilot 

certificate or authorization. However, when the aircraft is operated within a foreign country, a pilot 

license issued by that country may be used. The regulation provides also that no person that holds a 

private pilot certificate may act as pilot in command of an aircraft for compensation or hire. 

Subparagraph (b) allows a private pilot to act as pilot in command of an aircraft in connection with any 

business or employment if:

(1) The flight is only incidental to that business or employment;

(3) The aircraft does not carry passengers or property for compensation or hire.

Given the safety features of the UAV, Adam Szaruga proposes that operators of the UAV should not be 

required to hold a commercial or private pilot certification. The equivalent level of safety will be 

achieved by having an operator trained UAV manufacturer, and using the integrated features of the 

aircraft to maintain a high level of safety during the different missions. 

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

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance 

of airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating 

area associated with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H 

meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform 

Act. The Federal Aviation Act (49 U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize 
the FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of 

the size, weight, speed, operational capability, and proximity to airports and populated areas of the 

particular UAS. In all cases, an analysis of these criteria demonstrates that the UAS operated without an 

airworthiness certificate, in the restricted environment and under the conditions proposed will be at 

least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) operating with an

airworthiness certificate without the restrictions and conditions proposed.

14 C.F.R. § 91.9: Civil aircraft flight manual, marking, and placard requirements 

The equivalent level of safety will be achieved by keeping a hard copy of the user manual in In close 

proximity to the operator. 

The equivalent level of safety will be provided by having the UAV marked on its fuselage as required by 

§45.29 (f) where the pilot, observer and others working with the UAV will see the identification of the 

UAS as "Experimental." The FAA has issued the following exemptions to this regulation to Exemptions 

Nos. 10700, 8738, 10167 and 10167A. 

14 C.F.R. § 91.109(a): Flight Instruction

The regulation provides that "No person may operate a civil aircraft that is being used for flight 

instruction unless that aircraft has fully functioning dual controls." 

The equivalent level of safety during the in-flight training will be achieved by the manufacturer or 

affiliate providing the training as described in the manufacturer's training program and through the use 

of experienced and qualified instructors familiar with the UAV.

14 CFR § 91.119: Minimum Safe Altitudes

Section 91.119 establishes safe altitudes for operation of civil aircraft. The exemption requests 

authority to operate at altitudes up to 400 AGL, It will however be operated in a restricted area with 

security perimeter, where buildings and people will not be exposed to operations without their preobtained consent.

The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well as the 

location where it is operated. No flight will be taken without the permission of the property owner or 

local officials.

Compared to flight operations with aircraft weighing far more than those proposed herein and the lack 

of flammable fuel, any risk associated with these operations is far less than those presently presented 

with conventional aircraft.

14 CFR 91.121: Altimeter settings
This regulation requires each person operating an aircraft to maintain cruising altitude by reference to 

an altimeter that is set" ... to the elevation of the departure airport or an appropriate altimeter setting 

available before departure." As the UAV may not have a barometric altimeter, but instead a GPS altitude 

read out, an exemption is requested. 

An equivalent level of safety will be achieved by the operator confirming the altitude of the launch site 

shown on the GPS altitude indicator before flight. 

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions

The regulation provides that no person may begin a flight in an airplane under day-VFR conditions unless 

there is enough fuel to fly to the first point of intended landing and to fly after that for at least 30 

minutes. As the UAVs are electric-powered, this requirement is inapplicable. In any event, given the 

contemplated operations, Adam Szaruga believes that an equivalent level of safety is already achieved 

with the specific procedure preventing the UAVs accepting a take-off order if the battery level is below 

a given value. Moreover, the manufacturers have integrated low and critical battery level warnings and 

implemented a "return to home" action in these situations. 

14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration

This regulation provides as follows: 

• No person may operate a civil aircraft unless it has an appropriate and current airworthiness 

certificate. 

• No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of 

this section or a special flight authorization issued under §91. 715 is displayed at the cabin or cockpit 

entrance so that it is legible to passengers or crew. 

An equivalent level of safety will be achieved by keeping these documents at the ground control point 

where the pilot flying the UAV will have immediate access to them, to the extent they are applicable to 

such UAV. The FAA has issued numerous exemptions to this regulation. A representative sample of 

other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700. 

14 CFR Subpart E (91.401 - 91.417): Maintenance, Preventive Maintenance, and Alterations

The regulation provides that the operator is primarily responsible for maintaining the aircraft in an 

airworthy condition, including compliance with Parts 39 and 43. Paragraphs 91 A07 and 91 .409 require 

the aircraft to be "approved for return to service by a person authorized under 43.7" after maintenance 

and inspection. Section 91.409 requires an annual inspection for the issuance of an airworthiness 

certificate. Section 91 A 17 requires the owner or operator to keep records showing certain 
maintenance work that has been accomplished by certificated mechanics, under Part 43, or licensed 

pilots and records of approval of the aircraft for return to service. 

Adam Szaruga proposes that the maintenance of the UAVs will be accomplished by the owner or the 

operator according to the manufacturers user manual.

Given that these section and Part 43 apply only to aircraft with an airworthiness certificate, these 

sections will not apply to the applicant Maintenance will be accomplished by the operator pursuant to 

the flight manual and operating handbook as referenced herein. An equivalent level of safety will be 

achieved because these small UAVs are very limited in size and will carry a small payload and operate 

only in restricted areas for limited periods of time. If mechanical issues arise the UAV can land 

immediately and will be operating from no higher than 400 feet AGL. The operator will ensure that the 

UAS is in working order prior to initiating flight, perform required maintenance, and keep a log of any 

maintenance performed. Moreover, the operator is the person most familiar with the aircraft and best 

suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety.