Petition for Exemption Filed under Section 333

Petitioners: 

Walter Brozowski and David Milton, d/b/a Forensic Aerials, LLC

Petitioners’ contact information: 

Walter Brozowski and David Milton

Forensic Aerials, LLC

11952 Lake Fern Drive

Jacksonville, Florida 32258

Summary:

This is an exemption request pursuant to Section 333 of the FAA Reform Act of 2012. Forensic 

Aerials will use Unmanned Aircraft Systems (UAS) to collect cost-effective aerial imagery for 

use in pre-suit litigation, legal proceedings, commercial ventures, etc. 

Regulations from which exemptions are requested:

14 C.F.R. Part 21

14 C.F.R. 45.23(b) 

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

14 C.F.R. 91.7(a)

14 C.F.R. 91.9(b)(2)

14 C.F.R. 91.103

14 C.F.R. 91.105

14 C.F.R. 91.109

14 C.F.R. 91.119

14 C.F.R. 91.121

14 C.F.R. 91.151

14 C.F.R. 91.203(a) & (b)

14 C.F.R. 91.405

14 C.F.R. 91.407

14 C.F.R. 91.409

14 C.F.R. 91.417
Design and operational characteristics/specifications of UAS:

UAS design characteristics/specifications:

Weight (including battery): 1280 g

Measurements: 289.5 mm (length) x 289 mm (width) x 185 mm (height)

Maximum ascent speed: 5 m/s

Maximum descent speed: 3 m/s

Maximum speed: 16 m/s

Operating frequency: 2.400 GHz-2.483GHz

UAS operational characteristics/specifications (specifically related to safety):

The UAS includes features that return the UAS to its origination point (i.e., to the 

location at which the UAS began its flight) automatically if: a) the operator 

presses the RTH button on the remote controller; b) the battery level falls under a 

certain level (this prevents the UAS from losing power before returning safely to 

its origination point); or c) the remote controller’s signal is lost. 

The Petitioners have attached the Phantom 3 (Professional), Quick Start Guide, which contains 

more detailed information about the design and operational characteristics/specifications of the 

UAS. 

Qualifications of PIC and visual observers:

PIC:

PIC level of certificate held: Private Pilot

PIC holds a valid U.S. driver’s license

PIC has met flight review requirements specified in 14 C.F.R. section 61.56 in an 

aircraft in which the PIC is rated on his pilot certificate

The PIC will have will have read through the Phantom 3 (Professional), Quick 

Start Guide, and will have reviewed the pre-flight checklist.

Visual observers:

Visual observers will be at least eighteen years old, will have read through 

Phantom 3 (Professional), Quick Start Guide, and will have reviewed the preflight checklist.

Procedures to ensure that the UAS is in a condition for safe flight:

The Petitioners will make sure regularly scheduled maintenance, as recommended by the 

manufacturer of the UAS, is performed on the UAS. If the UAS requires any repairs before the 
UAS can be certified as in a condition for safe flight, those repairs must be performed before 

UAS may be flown. 

Before each flight, the PIC and a visual observer must conduct a pre-flight inspection of the 

UAS. That inspection is outlined in the pre-flight checklist. Before each flight, both the PIC and 

the visual observer must certify that the pre-flight inspection was conducted and that the UAS is 

in a condition for safe flight. 

The Petitioners have attached the pre-flight checklist that will be completed before each flight. 

Operation of UAS:

Before each flight, either the PIC or the visual observer will confirm that the area in which the 

UAS is to be flown (i.e., the area of intended operations) is not within five nautical miles of an 

airport having an operational control tower; within three nautical miles of an airport with a 

published instrument flight procedure (but not an operational tower); within two nautical miles 

of an airport without a published instrument flight procedure or an operational tower; or within 

two nautical miles of a heliport with a published instrument flight procedure. If the intended area 

of operations is within any of the distances referenced in this paragraph, the UAS will not be 

flown within that intended area of operations.

Before each flight, either the PIC or the visual observer will confirm that the area of intended 

operations will not include any stadiums, sports events, groups of people, or areas governed by 

temporary flight restrictions. If the intended area of operations includes stadiums, sports events, 

groups of people, or areas governed by flight restrictions, the UAS will not be flown within that 

intended area of operations. 

If the intended area of operations does not include any of the areas referenced in the two 

preceding paragraphs, the PIC and at least one visual may travel to the intended area of 

operations. For each flight, the PIC will be accompanied by at least one visual observer. 

Before the UAS is removed from its protective carrying case, the PIC and a visual observer must

survey the area of intended operations. The PIC and a visual observer must consider the potential 

hazards presented by trees, power lines, traffic control devices, and buildings. The PIC and a

visual observer must also consider the safety of persons and property on the ground in and 

around the area of intended operations, including the safety of any pedestrians and vehicular 

traffic. 

Before the UAS is removed from its protective carrying case, the PIC and a visual observer must

also consider the potential hazards presented by weather conditions (e.g., wind, rain). 

The pre-flight survey of the area of intended operations, which includes an assessment of 

potential hazards and weather conditions, must be documented as outlined in the pre-flight 

checklist. The Petitioners have attached the pre-flight checklist that will be completed before 

each flight.

If the PIC and a visual observer have surveyed the area of intended operations and considered the 

weather conditions and are both of the opinion that neither potential hazards nor weather 
conditions present safety concerns, the PIC and a visual observer must conduct a thorough preflight inspection of the UAS. That inspection is outlined in the pre-flight checklist. Before each 

flight, both the PIC and a visual observer must certify that the pre-flight inspection was 

conducted and that the UAS is in a condition for safe flight.

The Petitioners have attached the pre-flight checklist that will be completed before each flight.

Following the pre-flight inspection of the UAS, the PIC and a visual observer must put on orange 

safety vests. The PIC and the visual observer must then proceed to locations within the area of 

intended operations that guarantee visual line-of-sight of the UAS for both the PIC and the visual 

observer. 

Once the PIC and the visual observer are in the appropriate spots within the area of intended 

operations, the UAS may be flown. During the flight, the PIC and the visual observer must

maintain visual contact with the UAS: a) sufficient to enable safe operational control of the 

UAS; b) sufficient to know the location of the UAS; and c) sufficient to be able to scan the 

airspace in which the UAS is operating to see and avoid other air traffic or objects aloft or on the 

ground. That visual contact must be maintained for the duration of the entire flight (i.e., from the 

time the UAS leaves the ground and until the UAS returns to the ground).

During the flight, the PIC and a visual observer must also maintain verbal contact with each

another. 

During the flight, the UAS will not be operated at a height of more than two hundred feet. 

During the flight, the PIC and a visual observer must ensure that the operation of the UAS does 

not interfere with or otherwise distract pedestrian or vehicular traffic. If at any point during the 

flight the UAS presents, in the opinion of the PIC, a visual observer, or any state or federal law 

enforcement officer, a safety hazard to persons or property in the air or on the ground, the UAS, 

consistent with public safety, must be returned to the ground immediately.

Conclusion:

The Petitioners respectfully request that the FAA grant the Petitioners’ Petition for Exemption 

Filed under Section 333. The Petitioners, through Forensic Aerials, will use UAS to collect costeffective aerial imagery for use in pre-suit litigation, legal proceedings, and other commercial 

ventures (e.g., real estate). Granting the Petitioners’ request for an exemption would be in the 

public interest because the services that will be provided by the Petitioners (i.e., aerial imagery 

for use in pre-suit litigation, legal proceedings, and other commercial ventures) are services that 

private citizens are demanding, and providing those services in a safer manner – for instance, 

with a lightweight, battery-powered UAS instead of a heavier, gas-powered aircraft – promotes 

public safety. The pre-flight inspection (as outlined in the pre-flight checklist) and in-flight 

safety procedures will enable the PIC and a visual observer to maintain an equivalent level of 

public safety; in other words, any UAS flight conducted according to the pre-flight inspection (as 

outlined in the pre-flight checklist) and in-flight safety procedures] will not adversely impact 

public safety. 
Thank you for your consideration. If you have any questions, please feel free to contact either 

one of us by phone or email. 

Walter Brozowski

11952 Lake Fern Drive

Jacksonville, Florida 32258

(904) 571-5665

wbrozowski81@gmail.com

David Milton

3361 Maiden Voyage Circle North

Jacksonville, Florida 32257

(904) 451-2714

davidm.milton@gmail.com