Sammy Abzach! ­ Section 333 Exemption Petition

June 29, 2015

U. S. Department of Transportation Docket Management System 1200 New Jersey Ave, SE

Washington, DC 20590

Re: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations

from 14 C.F.R. 45.23(b); 14 C.F.R. Part 21; 14 C.F.R. 61.113(a)&(b); 91.7(a); 91.9(b) (2);

91.103(b); 91.109; 119.121; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a) (1); 91.409(a) (2);

91.417(a)&(b)

Dear Sir or Madam,

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

and 14 C.F.R. Part 11, I,Sammy Abzach, an owner and operator of Small Unmanned Aircraft

Systems “(sUAS”) equipped to conduct aerial photos and videos of real estate listings, Golf

course maintance inspections and Storm damage inspection hereby applies for an exemption

from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of my small

unmanned aircraft , so long as such operation is conducted within and under the conditions

outlined herein or as may be established by the FAA as required by Section 333.

I,Sammy Abzach , a real estate agent services the real estate industry in South Florida and

member of the Realtor Association of Miami ; experienced in flying hobby small unmanned

aircrafts for recreational purposes.I have flown small lightweight, unmanned (piloted by remote

control) for over two (2) years without incident. Committed to safety with each flight. My,

exemption request would permit operation of ultra lightweight, unmanned (piloted by remote

control) in tightly controlled and limited airspace , in areas away from general public, airports,

heliports and vehicular traffic for community videos, and within property boundaries for

individual homeowner real estate listing videos/photos.

I Sammy Abzach will follow strict protocols to avoid and prevent public hazard . This will act to

further safety protocols exclusive to lightweight UAS's specific to real estate video and

photography usage as I,Sammy Abzach , record flight data and other information gained

through permitted flight operations to share with the FAA through any required FAA reports to

assist with future protocol and safety regulation.

Granting my, request comports with the Secretary of Transportation's (FAA Administrator's)

responsibilities and authority to not only integrate UAS's into the national airspace system, but
to “...establish requirements for the safe operation of such aircraft systems [UAS's] in the

national airspace system” under Section 333(c) of the Reform Act specific to the use of UAS's

for residential/commercial photography , golf course inspections, storm damage inspections and

video shoots and real estate/Realtor purposes. Further I will conduct my operations in

compliance with the protocols described herein or as otherwise established by the FAA.

For the reasons stated below I,Sammy Abzach , respectfully request the grant of an exemption

allowing me to operate ultra lightweight, remote controlled UAS's for Golf course inspections,

storm damage inspections and to enhance real estate listing videos for homeowners who

cannot afford expensive manned aircraft for the same purpose.

Contact Information:

Sammy Abzach, 859 Jeffery Street #309' Boca Raton, FL 33487

sabzach@yahoo.com

202­536­6831

II. The Specific Sections of Title 14 of the Code of Federal Regulations From Which I Request

Exemption are:

14 CFR 21; 14 C.F.R. 45.23(b); 14 CFR 61.113 (a) & (b); 14 C.F.R. 91, et seq.; 14 CFR 407 (a)

(1); 14 CFR 409 (a) (2); and, 14 CFR 417 (a) & (b).

III. The Extent of relief Sammy Abzach seeks and the Reason For Such Relief:

I,Sammy Abzach, submit this application in accordance with the Reform Act, 112 P.L. 95 §§

331­334, seeking relief from any currently applicable FARs operating to prevent me,

contemplated commercial cinematic, and other flight operations within the national airspace

system. The Reform Act in 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. My ultra

lightweight UAS meets the definition of “small unmanned aircraft” as defined in Section 331 and

therefore the integration of my ultra lightweight UAS is expressly contemplated by the Reform

Act. I would like to operate my ultra lightweight UAS prior to the time period by which the Reform

Act requires the FAA to promulgate rules governing such craft. Thereby, providing direct

experience and valuable information for formal regulation that can be administered uniformly to

all real estate related UAS aerial video and photography. The Reform Act guides the Secretary

in determining the types of UAS's that may operate safely in our national airspace system.

Considerations include: The weight, size, speed and overall capabilities of the UAS's; Whether

the UAS will be operated near airports or heavily populated areas; and, Whether the UAS will be

operated by line of sight. 112 P.L. 95 § 333 (a). Each of these items reflect in favor of an

exemption for me. My UAS utilizes four (4) counter­rotating propellers for balance, control and

stability. My UAS is equipped with GPS and auto return safety technology. Weighing less than
ten pounds (far below the maximum 55 pound limit).

I,Sammy Abzach, considers safety as foremost with each flight. My small unmanned aircraft is

designed to hover in place via GPS and operate in less than a 24 knot (15 mph) wind. For

safety and stability I will not fly in winds exceeding 16 kph (10 mph). Built in safety systems

include a GPS mode that allows my UAS to hover in place when radio controls are released..

DJI drone, including GPS navigation with auto takeoffs and auto landings, intelligent high power

flight battery, a built­in safety database of no fly zones. I do not operate my UAS near airports,

Hospitals nor Police heliports, and do not operate near areas where general public is . I am

constantly on alert for any manned aircraft (Police/Medical helicopters, etc.) and prepared to

land/abort immediately to the nearest and safest ground point should a manned aircraft

approach my location or I suspect manned aircraft may approach near my location. My Drone

will be flown only within my line of sight. Utilizing battery power rather than combustible fuels,

flights generally last between ten(10)to fifteen(15) minutes, with an altitude under four hundred

(400) feet.

5 Fail Safe Mode includes safe circle for operation, position hold, self­leveling, altitude

command, GPS, return home feature, and safety control to return home or land in the event of

communication interruption between RC transmitter and UAS.

I will only utilize a fully charged battery with each flight as a safety precaution. I do not operate

my UAS at or below manufacturer recommend minimum charge levels for operation.

I,Sammy Abzach , will be cautious when operating of my UAS/ultra lightweight unmanned

aircraft and will not “create a hazard to users of the national airspace system or the public.” 112

P.L. 95 § 333 (b). Given the small size and weight of my UAS it falls well within Congress's

contemplated safety zone when it promulgated the Reform Act and the corresponding directive

to integrate UAS's into the national airspace system. I have demonstrated safety record and do

not pose any threat to the general public or national security.

IV. How My Request Will Benefit the Public As A Whole:

Aerial videography for golf course , storm damage inspections and for real estate marketing has

been around for a long time through manned fixed wing aircraft and helicopters. For small

budget real estate companies , small condo communities and average homeowners the

expense of such aerial videography is cost prohibitive. Only large companies and affluent

homeowners can afford to absorb such expense. Depriving average communities , homeowners

and lower budget Realtors from a valuable marketing tool. Manned aircraft pose a threat to the

public through potential catastrophic crash and noise pollution. My UAS pose no such threat

since size and lack of combustible fuel alleviates any potential threat to the public.

Congress has already proclaimed that it is in the public's interest to integrate commercially flown

UAS's into the national airspace system, hence the passing of the Reform Act. My ultra
lightweight UAS is battery powered and creates no emissions that can harm the environment.

The consequence of my ultra lightweight UAS crashing is far less than a full size helicopter or

fixed wing aircraft; which are heavy, contain combustible fuel and can cause catastrophic

devastation to the public.

V. Reasons Why My Exemption Will Not Adversely Affect Safety Or How The Exemption Will

Provide a Level of Safety At Least Equal To Existing Rule:

My UAS weighs less than ten (10) pounds complete with a small ultra light weight high quality

camera; I only operate my UAS below 400 feet (well within the 400 foot permissible ceiling set

by the FAA Modernization and Reform Act of 2012); my UAS only operate for about 10 minutes

per flight; I land my UAS prior to manufacturer recommended minimum level of battery power; I

pilot my UAS through remote control only by line of sight; My UAS has GPS a flight safety

feature whereby it hovers and then slowly lands if communication with the remote control pilot is

lost; I actively analyze flight data and other sources of information to constantly update

and enhance safety protocols; I only operate in reasonably safe environment that are strictly

controlled, are away from power lines, airports and heavily populated areas; I conduct

extensive pre­flight inspections and protocol, during which safety carries primary

importance; I carry out initial research of the area to ensure it does not fall within any restricted

areas and review weather forecasts and other pertinent information to ensure safe flight

operations; I always obtains all necessary permissions prior to operation; and, I have

procedures in place to abort flights in the event of safety breaches or potential danger.

My safety protocols provide a level of safety equal to or exceeding existing rules. While the

safety record of such helicopters is remarkably astounding, there have been local incidents

involving loss of life; it is far safer to operate a battery powered ultra lightweight UAS. First, the

potential loss of life is diminished because UAS's carry no people on board and I only operate

my UAS in specific areas away from mass populations. Second, there is no fuel on board a UAS

and thus the potential for fire or explosions is greatly diminished.

VI. A Summary The FAA May Publish in the Federal Register:

A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like.

14 C.F.R. 21, 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 enclosed operational area of my UAS permits exemption from Part 21 because my

UAS meets (and exceeds) 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 the weight, size, speed, maneuverability and proximity to areas such as airports

and dense populations. My current and projected UAS's meet or exceed each of the elements.

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) requires an aircraft flight manual in the aircraft. As there are no on

board pilots or passengers, and given the size of the UAS's, this Regulation is inapplicable. An

equivalent level of safety will be achieved .

safety/flight manual delineating areas of where safety can be defined.10 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. § 91.121 regarding altimeter settings is inapplicable insofar as my UAS utilizes

electronic global positioning systems with a barometric sensor.

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

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

of safety will be achieved by maintaining any such required certifications and registrations by

me?

B. 14 C.F.R. § 45.23: Marking of The Aircraft.

Applicable Codes of Federal Regulation require aircraft to be marked according to certain

specifications. My UAS are, by definition, unmanned. They therefore do not have a cabin,

cockpit or pilot station on which to mark certain words or phrases. Further, two­inch lettering is

difficult to place on such small aircraft with dimensions smaller that minimal lettering

requirement. Regardless, I will mark its UASs in the largest possible lettering by placing the

word “EXPERIMENTAL” on its fuselage as required by 14 C.F.R. §45.29 (f) so that I the pilot, or

anyone assisting me as a spotter with the UAV will see the markings. The FAA has previously

issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167A and 10700.

C. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC.

Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to non­commercial

operations. I, Sammy Abzach can achieve an equivalent level of safety as achieved by current

Regulations because my UAS does not carry any pilots or passengers. Further, while helpful, a

pilot license will not ensure remote control piloting skills. The risks attended to the operation of

my UAS is far less than the risk levels inherent in the commercial activities outlined in 14 C.F.R.

§ 61, et seq. Thus, allowing me to operate my UAS meet and exceed current safety levels in

relation to 14 C.F.R. §61.113 (a) & (b).

D. 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. My UAS will never operate at

an altitude greater than 400 AGL; below the standard of 400 AGL. I will operate my UAS in safe

areas away from public and traffic, providing a level of safety at least equivalent to or below

those in relation to minimum safe altitudes. Given the size, weight, maneuverability and speed

of my UAS, an equivalent or higher level of safety will be achieved.

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

The above­cited Regulations require, amongst other things, aircraft owners and operators to

“have [the] aircraft inspected as prescribed in subpart E of this part and shall between required

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

prescribed in part 43 of this chapter. . . .”

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

therefore, apply to my UAS. However, as a safety precaution I inspect my UAS before and after

each flight.

A Summary The FAA May Publish in the Federal Register: A. 14 C.F.R. 21 and 14 C.F.R. 91:

Airworthiness Certificates, Manuals and The Like. 14 C.F.R. 21, 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 enclosed operational area of

my UAS permits exemption from Part 21 because my UAS 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 the weight, size, speed, maneuverability

and proximity to areas such as airports and dense populations. My UAS meets or exceeds each

of the elements. 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) requires an aircraft flight manual in the

aircraft. As there are no pilots or passengers, and given the size of the UAS's, this Regulation is

inapplicable. An equivalent level of safety will be achieved by maintaining a manual. The FAA

has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299,

9299A, 9565, 9565B, 10167, maintenance program that involves regular software updates and

curative measures for any damaged hardware. Therefore, an equivalent level of safety will be

achieved.

In summary, Sammy Abzach seeks an exemption from the following Regulations:

14 C.F.R. 21, subpart H; 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(b); 14 C.F.R. § 91.109; 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(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)(2); 14 C.F.R. § 91.409 (a ) (2); and, 14 C.F.R.

§§ 91.417 (a) & (b) to commercially operate my small unmanned vehicle/lightweight unmanned

aircraft vehicle in golf course, storm damage inspections and real estate operations. Currently,

real estate aerial videography/photography relies primarily on the use of larger aircraft running

on combustible fuel. Posing potential risk to the public. Granting my request for exemption will

reduce current risk levels and thereby enhance safety. My UAS craft do not contain

potentially explosive fuel, is smaller, lighter and more maneuverable than conventional real

estate video and photographic aircraft with much less flight time. Further, I operate at lower

altitudes and in controlled airspace eliminating potential public risk . I will compile safety

protocols and the implementation of a flight operations manual for real estate usage that

exceeds currently accepted means and methods for safe flight. Formal collection of information

shared with the FAA will enhance the FAA's internal efforts to establish protocols for complying

with the FAA Modernization and Reform Act of 2012. There are no personnel on board my UAS

and therefore the likelihood of death or serious bodily injury is significantly diminished. My

operation of my UAS, weighing less than 10 pounds and travelling at lower speeds within limited

areas will provide an equivalent level of safety as that achieved under current FARs.

Accordingly I,Sammy Abzach respectfully request that the FAA grant my exemption request and

am willing to cooperate in sharing information to benefit the FAA, safety of manned aircraft, and

the general public at large.

Respectfully yours,

Sammy Abzach

859 Jeffery Street #309

Boca Raton, FL 33487

sabzach@yahoo.com