August 18, 2015

Exemption No. 12503

Regulatory Docket No. FAA–2015–1894

Mr. Nathan Factor Sacharow

Factor Aerial Imagery

2209 22nd Street

Santa Monica, CA 90405

Dear Mr. Sacharow:

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 May 11, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Factor Aerial Imagery (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. However, the FAA 

received one comment in support of the petition made to the docket.

Airworthiness Certification

The UAS proposed by the petitioner is a DJI S1000.

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 
2

provided in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in 

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, Factor Aerial Imagery 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, Factor Aerial Imagery 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 S1000 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, 

the conditions and limitations herein take precedence and must be followed. 
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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.

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 
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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.

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 
6

(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.

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.
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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 August 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
May 11, 2015

United States Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

West Building Ground Floor Room W12-140

Washington, DC 20590

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act of 2012

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and C.F.R. 

Part 11, Nathan F. Sacharow, operating under the business name of Factor Aerial Imagery, owner and 

operator of Small Unmanned Aircraft Systems (UAS’s), request to be exempted from the Federal Aviation 

Regulations (FAR) listed below so that Nathan F. Sacharow, operating under the business name of Factor 

Aerial Imagery may operate UAS’s commercially in airspace regulated by the Federal Aviation 

Administration; as long as such operations are conducted within and under the conditions outlined herein or 

as may be established by the FAA as required by section 333.

The Name and address of the applicant is:

Nathan F. Sacharow, operating under the business name of Factor Aerial Imagery

Nathan Factor Sacharow

2209 22nd St Santa Monica, CA 90405

Business Name: Factor Aerial Imagery

Phone: (310) 383-2238

email: nsacharow@verizon.net

As described below, the requested exemption would permit the operation of lightweight 

(less than 55 lbs total take off gross weight) UAS’s under controlled conditions for 

commercial use by professional certificated pilots thereby enhancing safety and fulfill the 

Secretary of Transportation's (the FAA Administrator's) responsibilities to “.... establish 

requirements for the safe operation of such aircraft systems in the national airspace 

system." Section 333(c) of the Reform Act.

Nathan F. Sacharow, operating under the business name of Factor Aerial Imagery

Respectfully requests the grant of an exemption to the following specific sections of the 

Title 14 Code of federal Regulations allowing it to operate lightweight UAS's 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)(2), 91.417(a) &(b)

Nathan F. Sacharow, operating under the business name of Factor Aerial Imagery

Submits this application in accordance with the Reform Act, 112 P.L. 95 331-334, and 

seeking relief from any currently applicable FAR's operating to prevent Nathan F. 
Sacharow, operating under the business name of Factor Aerial Imagery, future 

commercial use of small UAS’s to operate in the national airspace system as described 

below. The Reform Act Section 332 provides for such integration of civil unmanned 

aircraft systems into our national airspace system as it is in the public's interest to do so

Nathan F. Sacharow, operating under the business name of Factor Aerial Imagery 

lightweight UAS’s meet the definition of "small unmanned aircraft" as defined in section 

331 and therefore the integration of Nathan F. Sacharow, operating under the business 

name of Factor Aerial Imagery lightweight UAS’s are expressly contemplated by the 

Reform Act. Nathan F. Sacharow, operating under the business name of Factor Aerial 

Imagery would like to operate its lightweight UAS’s 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 the national airspace system (NAS) 

before completion of the rulemaking required under Section 332 of the Reform Act. In 

making this determination, the Secretary is required to determine which types of UAS’s 

do not create a hazard to users of the NAS or the public or pose a threat to national 

security in light of the following:

• The UAS's size, weight, speed and operational capability

• Operation of the UAS in close proximity to airports and populated areas

• Operation of the UAS within visual line of sight of the operator Reform Act 333 (a)

If the secretary determines that such vehicles "may operate safely in the National 

Airspace System, the Secretary shall establish requirements for the safe operation of such 

aircraft in the National Airspace System."

Nathan F. Sacharow, operating under the business name of Factor Aerial Imagery

UAS’s are rotorcraft weighing less than 55 pounds including payload. They operate at a 

speed of less than 50 knots and have the capability to hover and move in the vertical and 

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

pilot within a protected flight area as described below. Such operations will insure that 

the UAS’s will not create a hazard to the users of the national airspace system or the 

public.

The small nature of the UAS’s utilized by Nathan F. Sacharow, operating under the 

business name of Factor Aerial Imagery combined with the safety protocols outlined 

below will allow for a greater than equivalent level of safety in which Congress 

envisioned that the FAA must, by exemption allow commercial operations of UAS’s to 

commence immediately. Also due to the size of the UAS’s and the areas and altitudes 

they will operate, approval of the exemption presents no national security issue and 

absolutely minimal safety concerns which have been mitigated through a 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 safety surrounding the proposed operations, the significant public benefit, 

including enhanced safety, reduced emissions utilizing UAS’s verse 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 limitations are considered to be binding for the operation of UAS’s for 

commercial purposes by Nathan F. Sacharow, operating under the business name of 

Factor Aerial Imagery:

1. Flights will be operated within the line-of-sight of a ground-based pilot.

2. Flights will only occur in the daytime and clear of clouds.

3. The UAS’s will weigh less than 55lbs at takeoff and during flight.

4. Flights will be terminated with 25% of battery life remaining.

5. Flights will be operated at an altitude at or below 400' AGL.

6. Pilots, camera operators and observers will be trained as to the applicable portion of 

the UAS's manual as well as the SOP’s.

7. Minimum UAS crew will be one certificated Commercial pilot or higher rating with a 

current FAA medical. A camera operator and or observer may be added as required to 

further reduce the possibility of task saturation by the pilot depending on the mission 

requirements.

8. Pilot, observer and camera operator will maintain real time communication capability 

throughout flight operations.

9. The UAS Pilot will conduct a full site survey to determine the Area of Responsibility 

(AOR). This AOR is the actual area for UAS operations for a particular day. Each survey 

will include the assessment of potential hazards to include but not limited to airspace 

classification, NOTAMS, temporary flight restrictions, closest airport proximity, natural 

and manmade obstacles, and unnecessary persons which may pose a risk to operations or 

safety. If deemed necessary, the crew will employ additional personal as safety observers.

10. Nathan F. Sacharow, operating under the business name of Factor Aerial Imagery,

will employ safety observers as well as sign notifications in areas close to public activity.

11. A thorough briefing will be conducted, prior to the first flight of the day in an AOR, 

utilizing the briefing guide in the SOPs. All persons who will be in the AOR while UAS 

flights are conducted will be present for this briefing.

12. Nathan F. Sacharow, operating under the business name of Factor Aerial Imagery,

will obtain consent (verbal or written) for any persons who need to be within 100 feet of 

UAS flight operations.

13. Written and or verbal permission from the relevant property owners will be obtained 

prior to flight.

14. All required permissions and permits would be obtained from territorial, state, county 

or city jurisdictions, including local law enforcement, fire or other governmental 

agencies.

15. If the UAS loses communications or loses its GPS signal, the UAS will have the 

capability to return to a pre-determined location within the AOR and land autonomously.

16. The UAS will have the ability to abort a flight in case of unpredicted obstacles or 

emergencies.
14 C.F.R Part 21 Subpart H: Airworthiness Certificates 14 C.F.R. 91.7(a), 91.203

(a)(1)

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

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

defined area of operations for Nathan F. Sacharow, operating under the business name of 

Factor Aerial Imagery UAS flights permits exemption from Part 21 because Nathan F. 

Sacharow, operating under the business name of Factor Aerial Imagery meets 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 U.S. C. 44701(f)) and Section 333 of the Reform Act. Both pieces of 

legislation permit the FAA to exempt UAS’s from the airworthiness certificate 

requirement in consideration of weight, size, speed, maneuverability and proximity to 

areas such as airports and dense populations. Nathan F. Sacharow, operating under the 

business name of Factor Aerial Imagery meets or exceeds each of these elements. 

14 C.F.R. 91.203 (a &b) provides for carrying of civil aircraft certifications and 

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

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

SCI’s flight operations center. 

14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness 

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

FARs, this regulation is inapplicable.

14 C.F.R. 91.9(b)(2) Civil Aircraft Flight Manual in the Aircraft

14 C.F.R. 91.9(b)(2) requires an aircraft flight manual in the aircraft. As there are no 

pilots of passengers, and given the size of the UAS’s, this regulation is inapplicable. An 

equivalent level of safety will be achieved by maintaining an operators manual at the 

flight operations center. The FAA has previously issued exemptions to this regulation in 

Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 

10700 and 32827.

14 C.F.R. 91.103(b) Preflight actions

14 C.F.R. 91.103 Each pilot in command shall, before beginning a flight, become 

familiar with all available information concerning that flight. This information must 

include: (b) For any flight, runway lengths at airports of intended use, and the following 

takeoff and landing distance information. This subparagraph is not applicable due to our 

off airfield operations.

14 C.F.R. 91.109 Flight instructions; simulated instrument flight and certain flight 
tests.

14 C.F.R. 91.109 and all the subparagraphs address the operation of a civil manned 

aircraft in conjunction with training and flight tests. The UAS to be employed by are not 

Nathan F. Sacharow, operating under the business name of Factor Aerial Imagery,

designated in this category.

14 C.F.R. 91.121 Altimeter Settings

14 C.F.R. 91.121 regarding altimeter settings is inapplicable because Nathan F. 

Sacharow, operating under the business name of Factor Aerial Imagery, UAS’s utilize 

GPS systems and internal gyroscopes to provide spatial stability and a reference datum.

14 C.F.R. 91.151 Fuel Requirements for Flight in VFR Conditions

14 C.F.R. 91.151 prohibits an individual from beginning a "flight in an airplane under 

VFR conditions unless (considering wind and forecast weather conditions) there is 

enough fuel to fly to the first point of intended landing, and assuming normal cruising 

speed- (1) During the day to fly after that for at least 30 minutes; or (2) At night, to fly 

after that for at least 45 minutes.

The battery powering the UAS provides approximately 25 minutes of powered flight, 

which is less than the reserve requirement alone by FARs for day or night VFR flight. 

Given the limitations on the UAS's flight envelope, proposed AOR size, battery life and 

its ability to land immediately it is reasonable to allow an exception.

An equivalent level of safety can be achieved by limiting flights to 25% of battery power. 

This restriction would be more than adequate to return the UAS to its planned landing 

zone in the AOR. 

Similar exemptions have been granted to other operations, including Exemptions 2689F, 

5745, 10673 and 10808.

14 C.F.R. 45.23 Marking of the Aircraft

Applicable Codes of Federal regulations require aircraft to be marked according to 

certain specifications. Nathan F. Sacharow, operating under the business name of Factor 

Aerial Imagery UAS’s are unmanned; do not have a cabin, cockpit or pilot station on 

which to mark certain words or phrases. Further, two-inch lettering is impractical to place 

on such small aircraft. Nathan F. Sacharow, operating under the business name of Factor 

Aerial Imagery will, however, place the word "EXPERIMENTAL" on its fuselage as 

required by 14 C.F.R. 45.29 (f) so that the pilot, camera operator, observer and any other 

persons operating in the AOR can see the markings on the UAS. The FAA has previously 
issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167 A, 

and 10700.

14 C.F.R. 91.119 Minimum Safe Altitudes

14 C.F.R. 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows 

helicopters to be operated at lower altitudes in certain conditions. Nathan F. Sacharow, 

operating under the business name of Factor Aerial Imagery will only operate its UAS’s 

at or below 400 AGL. SCI will operate its UAS’s in a defined AOR that has been 

carefully reviewed for hazards and minimizes the presence of any persons not essential 

for operations. Flights will only be conducted over private property with consent of the 

property owner. The equivalent level of safety will be achieved given the size, weight and 

speed of the UAS as well as the location where it is operated. Compared to flight 

operations with traditional aircraft or rotorcraft weighing far more than 55lbs, operating 

below 500 AGL with flammable fuel UAS operations present a far smaller risk.

14 C.F.R. 91.405 (a), 407 (a)(1), 409(a)(2), 417(a&b) Maintenance Inspections

These regulations require that an aircraft operator or owner "shall have the aircraft 

inspected as prescribed in subpart E of this part and shall between required inspections, 

except as prescribed in paragraph (c) of this section, have discrepancies repaired as 

prescribed in part 43 of this chapter, and others shall inspect or maintain the aircraft in 

compliance with Part 43.

These regulations only apply to aircraft with an airworthiness certificate. They will not, 

therefore, apply to Nathan F. Sacharow, operating under the business name of Factor 

Aerial Imagery UAS’s should its requested exemption be granted. As an equivalent level 

of safety Nathan F. Sacharow, operating under the business name of Factor Aerial 

Imagery requires its pilots to conduct a preflight, through flight and post flight inspection 

of the UAS to ensure flight worthiness prior to launch. Each UAS is flown in compliance 

with the applicable manufactures manual to include all software update cycles as well as 

flight checklists. In the event of a malfunction the UAS can land immediately.

Privacy

All flights will occur over private or controlled access property with the property owner's 

prior consent and knowledge.

Summary

Nathan F. Sacharow, operating under the business name of Factor Aerial Imageryis 

seeking exemption from the following rules: 
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)(2), 

91.417(a)&(b).

Approval of the above exemptions allowing commercial operations of small UAS’s 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 

weighing thousands of pounds and carrying hundreds of pound of fuel presenting a 

significant risk to life and property. With Nathan F. Sacharow, operating under the 

business name of Factor Aerial Imagery use of small UAS’s weighing less than 55 lbs, 

powered by batteries and operating at or below 400 AGL they virtually eliminate all of 

the risk associated with traditional aerial photography. The UAS’s will carry no people 

thereby eliminating the exposure to the risks associated with flying while accomplishing 

the same task in a much safer manner.

Granting Nathan F. Sacharow, operating under the business name of Factor Aerial 

Imagery the above exemptions will allow for the expansion of UAS systems into the 

future, in a professional, safety conscious culture steep in the tradition of Aviation.

Nathan F. Sacharow, operating under the business name of Factor Aerial Imagery,

respectfully requests that the FAA grant its exception without delay. The FAA has the 

authority to issue the exemption sought by Nathan F. Sacharow, operating under the 

business name of Factor Aerial Imagery pursuant to the Federal Aviation Act, 85 P.L. 

726 (1958), as amended (the "Act").

Sincerely,

Nathan F. Sacharow

Factor Aerial Imagery

Nathan Factor Sacharow

2209 22nd St Santa Monica, CA 90405

Factor Aerial Imagery

(310) 383-2238

nsacharow@verizon.net