U.S. Department of Transportation 

Docket Management System

1200 New Jersey Ave., SE 

Washington, DC 20590 

AXT. INC

Evan Numeroff

17 Sassi Dr. 

Croton on Hudson NY

10520

917–592–2672

evannumeroff@gmail.com

RE: Exemption Request Section 333 of the FAA Reform Act and Part 11 of the 

Federal Aviation Regulations 

Federal Aviation Administration, 

Pursuant to the Section 333 of the FAA Modernization and Reform Act of 2012, I 

Evan Numeroff, operator of a light weight Unmanned Aircraft System (“UAS”) seek 

an exemption from the Federal Aviation Regulations (“FARs”) to allow for commercial 

operation for aerial and video imaging of real estate properties using the DJI 

Phantom 2 quad-copter in accordance with FAA UAS Regulations & Policies. 

Regulations from which the exemption is requested: 

14 C.F.R. Part 21, 14 C.F.R. 45.23(b), 14 C.F.R. 91.7(a), 14 C.F.R. 91.9(b)(2), 14 

C.F.R. 91.119(c), 14 C.F.R. 91.121, 14 C.F.R. 91.151(a)(1), 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)(1) and (2), 14 

C.F.R. 91.417(a) and (b).

14 C.F.R. Part 21: Airworthiness Certificates

Given the size, weight, speed, and limited operating area associated with the aircraft 

to be utilized, I request exception. In the restricted environment and under the 

conditions proposed operation will be at least as safe, or safer, than a conventional 

aircraft operating with an airworthiness certificate without said restrictions. 

14 C.F.R. 45.23(b): Display of marks

The UAS has no cabin, cockpit, pilot station, fuselage, boom, or tail on which to mark 

certain words or phrases. The two inch lettering is problematic to place on such a 

small aircraft with dimensions smaller than the minimal lettering requirement.

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

As there will be no airworthiness certificate for the UAS in question, this regulation is 

irrelevant.

14 C.F.R. 91.9(b)(2): Civil aircraft flight manual ̈ marking ̈ and placard 

requirements

Given the size and configuration, the UAS has no ability to carry a flight manual on 

the aircraft. The same level of safety will be achieved by keeping the flight manual 

with the pilot on the ground level. 
14 C.F.R. 91.119(c): Minimum safe altitudes

Evan Numeroff agrees that the UAS will not operate higher than 400 feet at ground 

level, and won’t be flown over highly populated areas.

14 C.F.R. 91.121: Altimeter settings

The UAS has live telemetry with a GPS altitude read out. Also included in the 

telemetry is UAS battery power, speed, distance, and available satellite lock (incase 

UAS needs to return home autonomously.) An equivalent level of safety is achieved

by the operator receiving live flight data displayed on a monitor. 

14 C.F.R 91.405(a): Maintenance Required

14 C.F.R 91.407(a)(1): Operation after maintenance, preventive 

maintenance, rebuilding, or alteration

14 C.F.R 91.409(a)(1) and (2): Inspections &

14 C.F.R 91.417(a) and (b): Maintenance records

Given these sections only apply to aircraft with an airworthiness certificate, these 

sections do not apply to this applicant. Safety inspections will take place pre-flight 

as well as post-flight to ensure the UAS is in proper working order. 

Summary

I, Evan Numeroff am seeking exemption from the following FARs:

14 C.F.R. Part 21, 14 C.F.R. 45.23(b), 14 C.F.R. 91.7(a), 14 C.F.R. 91.9(b)(2), 14 

C.F.R. 91.119(c), 14 C.F.R. 91.121, 14 C.F.R. 91.151(a)(1), 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)(1) and (2), 14 

C.F.R. 91.417(a) and (b).

With exemption of the rules mentioned, I, Evan Numeroff, will be able to successfully 

begin my business in aerial photography and videography with emphasis in the real 

estate field. By offering these services to the public using small UAS’s instead of full 

sized helicopters and aircraft, a greater level or safety as well as positive 

environmental impact will be achieved. 

Safety

Additionally:

1. UAS will never be operated within 5 miles of an airport unless prior 

arrangements have been made with air traffic control management 

2. UAS will always be controlled within visual line of sight at all times

3. Proper visual inspection of UAS will be done before and after flights

4. Follow all local laws and ordinances before flying over private property 

5. UAS will always fly below 400 feet

6. Land UAS within manufacturer recommended minimum level of battery power

7. Always check and analyze flight telemetry data to make informed decisions 

8. Always have a set failsafe plan ready prior to each flight incase or UAS failure

Public Interest
The use of UAS’s in real estate will provide the public with a more affordable, faster, 

and efficient way to capture aerial photography and videography. Manned aircraft 

can weight upwards of 5,000 lbs and carry 100s of gallons of fuel. They are also 

very expensive to maintain and create extreme emissions and noise. Light weight 

UAS’s such as the Phantom 2 by DJI have no on board pilot or crew members, create 

zero emissions, and are extremely silent giving them a huge advantage in the field. 

Sincerely, 

Evan Numeroff

President - AXT INC.