Edward Thomas Zakarian, Private Pilot – Section 333 Exemption Petition

To: U.S. Department of Transportation, Docket Operations

West Building Ground Floor, Rm. W12-140

1200 New Jersey Ave, SE

Washington, DC 20590

Fr: Edward Thomas Zakarian

3169 Santa Margarita Road

West Palm Beach, FL 33411

Date: March 31, 2015

Regarding: FAA Exemption Rulemaking Section 333 of the FAA Reform Act 

and Part 11- 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:

I, Edward T Zakarian, a certificated Private Pilot – Airplane Single Engine Land; 

Instrument Airplane; Rotorcraft-Helicopter1, am requesting exemption from the Federal 

Aviation Regulations (“FARs”) listed below and pursuant to the FAA Modernization and 

Reform Act of 2012 and the procedures contained within 14 C.F.R. 11. so I may 

commercially operate a small ultra light unmanned aircraft system (“UAS”), specifically 

the Phantom 2 Vision+2, quad-copter Unmanned Aircraft (UAS) or equivalent and 

ground station-based equipment and crew for the purpose of photography/videography of 

commercial and residential properties.

I have been certificated Private Pilot since November 19, 2011 as well as a UAS hobbyist 

for over 10 years, both without incident. I recently established a 

photography/videography company called Edouard Zak Photography, Inc., and wish to 

add Residential and Commercial photography/videography services to my portfolio. 

Specifically, I wish to provide aerial imaging to Homeowners, Real-Estate Agents and 

Commercial entities in need of aerial photography/Videography. With the advancement 

of Internet technology and consumer adoption of shopping for properties online, the 

demand for high-resolution aerial graphics and video is unprecedented. As a Private 

Pilot, I understand the seriousness, necessity and importance of pre-flight and in-flight 

safety measures to ensure public safety. As a pilot of an UAS, all UAS pertinent safety 

and risk management measures as specified in the FAA’s Risk Management Handbook 

shall be complied with.

A grant of my exemption request, by the FAA, would permit operation of ultra 

lightweight and unmanned UAS to operate in predetermined areas away from the general 

public, airports, heliports and vehicular traffic, primarily over individual 

 1 Appendix A - Copy of Private Pilot Certificate 2 Appendix B - DJI Phantom 2 Vision+ User Manual
Edward Thomas Zakarian, Private Pilot – Section 333 Exemption Petition

properties/communities for the purpose of recording real-estate listings (photo/video). 

All flights shall be logged and recorded to minimally include the date and time of flight, 

name of pilot (PIC) and Visual Observer (VO), address or location of flight, duration of 

flight, weather conditions and “flight notes” to include maximum altitude and speed 

along with signatures of the PIC and VO. A copy of the images shall also be retained for 

a minimum of 12 months from the date of flight.

In summary and in accordance with this request of exemption request as authorized and 

outlined by the FAA under Section 333(c) of the Reform Act specified for use of UAS’ 

for “Real Estate” purposes, I Edward T Zakarian will adhere to all FAA regulations at all 

times and shall conduct all flight operations in strict compliance and safety protocols as 

mandated and required by regulations and best practices. Respectfully, I request the 

grant of exemption to operate ultra light weight, remote controlled UAS’s for commercial 

purposes as described in this request and as allowable by law. This grant of exemption 

will allow me to offer such services to private entities, realtors and individual 

homeowners who have little to no experience piloting UAS’s but have a need to market 

their property in order to compete within an ever demanding technology driven realestate market. I submit that this application has been prepared by myself and not an 

attorney using personal knowledge of existing FARs as well as utilizing excerpts from 

other similar applications. Consequently, if I have unintentionally omitted any relative 

FARs, I humbly request an opportunity to submit to those accidental omissions. The 

essence of this application is to declare that I, Edward Thomas Zakarian, meet and exceed 

the FAA’s expected competency for piloting my UAS for commercial purposes and that 

my UAS meets and exceeds the safety requirements as set forth by the Secretary of 

Transportation thereby prompting my request for COA under Section 333.

I. Contact Information:

Edward Thomas Zakarian

3169 Santa Margarita Road

West Palm Beach, Florida 33411

(561) 847-0380

edzak@edzakphoto.com

II. The Specific section(s) of 14 C.F.R. I seek an exemption from 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 and reason of relief I seek:

I, Edward Thomas Zakarian, am seeking relief from existing FARs that currently 

prohibit my use of UASs from operating commercially for the purpose of aerial 
Edward Thomas Zakarian, Private Pilot – Section 333 Exemption Petition

photography/videography in accordance with the FAA Modernization and Reform 

Act of 2012 112 P.L. 95 § 331-334. The Reform Act Subtitle B: Unmanned 

Aircraft Systems – (Sec. 332) “Requires the Secretary to develop a plan to 

accelerate safely the integration by September 30, 2015, of civil unmanned aircraft 

systems (UASes, or drones) into the national airspace system.” Accordingly, I 

attest that my personal qualifications as well as my ultra lightweight UAS meets the 

definition of such approved drones (UAS) as defined in Section 331 and allows for 

exemption status consideration. Further, I humbly request that I be allowed to 

commercially operate my UAS during the time period the FAA is further 

establishing rules and regulations governing the operations of such craft.

The Secretary of Transportation has been asked by Congress to, among other 

things, consider whether certain unmanned aircraft systems may operate safely in 

the national airspace system 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 UASs do not create a hazard to users of the 

National Airspace System 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; 

and

• Operation of the UAS within visual line of sight (VLOS) of the Pilot and 

VO

Accordingly, all flights will be conducted by a PIC and a VO in accordance with 

FAA Policy N 8900.227 Section 14 “Operational Requirements for UASs” and with 

the following restrictions:

a. All aircraft will be made with a UA Gross weight of less than 55 pounds 

(my exemption request is for an aircraft less than 5 lbs.)

b. All flights will occur only during daylight hours.

c. All flights will occur at or below 200 feet AGL

d. 5 nautical miles from an airport having an operational control tower; or

e. 3 NM from an airport with a published instrument flight procedure, but 

not an operational tower; or

f. 2 NM from an airport without a published instrument flight procedure or 

an operation tower; or

g. 2 NM from a heliport with a published instrument flight procedure.

h. For safety, no flight with winds over 10 mph.

i. Flight only in GPS mode that allows UAS to hover in place when radio 

controls are released. All operations to be conducted in GPS mode only.

IV. How my request will benefit the public as a whole:

Aerial photography is a critical component of marketing commercially available 

property. With today’s high-tech Internet market and ever demanding consumer, it 

is more important than ever for realtors and home sellers to have their listing appear 

near or at the top of Internet searches. The Multiple List Service (MLS) typically 
Edward Thomas Zakarian, Private Pilot – Section 333 Exemption Petition

lists home searches in hierarchy based on number of “images” or “videos”. To grab 

the attention of the buyer, it is important for them to see the entire property and the 

area around it. All of these elements combine to have a tremendous impact on the 

outcome of a commercial real estate transaction. It is much too dangerous and 

expensive to hire a manned aircraft to take these aerial images thereby making the 

UAS option more cost effective and safer. There simply is not enough UAS Pilots 

to cover the demand for these images, which is leading to unlicensed UAS 

operators which ultimately results in untrained and unqualified operators.

V. Reasons why the exemption would not adversely affect safety; or how the 

exemption would provide a level for safety at least equal to the existing rule:

An exemption would not adversely affect safety because this application applies 

only to aircraft characteristics and applications within FAA specified limitations. 

These limitations provide for at least an equivalent safety standard. However, my 

experience as a certificated instrument rated Private Pilot allows me to utilize my 

experience in UAS operations thereby exceeding safety and improving airspace 

operations by allowing aerial imaging clients to choose an experienced Pilot that 

knows how to pilot an aircraft safely and within regulated limits. In addition, by 

providing unmanned services to the market place, there will be less of a demand for 

manned operations, which will provide for safer and quieter residential aerial 

photography.

As previously stated, all flights will be conducted by a PIC and a VO in accordance 

with FAA Policy N 8900.227 Section 14 “Operational Requirements for UASs” and 

with the following restrictions:

a. All aircraft will be made with a UA Gross weight of less than 55 pounds 

(my exemption request is for an aircraft less than 5 lbs.)

b. All flights will occur only during daylight hours.

c. All flights will occur at or below 200 feet AGL

d. 5 nautical miles from an airport having an operational control tower; or

e. 3 NM from an airport with a published instrument flight procedure, but 

not an operational tower; or

f. 2 NM from an airport without a published instrument flight procedure or 

an operation tower; or

g. 2 NM from a heliport with a published instrument flight procedure.

h. Maximum total flight time for each operational flight will be 15 minutes. 

Flights will be terminated at 25% battery power reserve should that occur 

prior to the 15 minute limit.

i. Extensive, pre-flight briefings are required between the PIC and the VO.

j. A flight plan is required prior to each flight.

k. All aircraft operations must be conducted within manufacturer 

recommended specifications.

l. All site permissions must be obtained prior to flight.
Edward Thomas Zakarian, Private Pilot – Section 333 Exemption Petition

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 permit 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 by maintaining such manuals on location with the Pilot. 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 with the 

Pilot.

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, two-inch 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 
Edward Thomas Zakarian, Private Pilot – Section 333 Exemption Petition

issued exemptions to this regulation through Exemptions Nos. 8738, 

10167, 10167A and 10700.

c. 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 

non-commercial operations. I, Edward Thomas Zakarian, can achieve an 

equivalent level of safety as achieved by current Regulations because my 

UAS does not carry any pilots or passengers. Further, I do possess an FAA 

pilot certificate, which helps my remote control piloting skills and factors 

in my experience in assessing any flight risks. 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 and meet and exceed current safety levels in 

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

d. 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 200 ft

AGL; safely below the standard of 400 AGL. I will also 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. E. 14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a) (2); 417(a) & (b): 

Maintenance Inspections.

The above-cited 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 permit

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 
Edward Thomas Zakarian, Private Pilot – Section 333 Exemption Petition

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:

I, Edward Thomas Zakarian, respectfully request that the FAA grant my exemption 

request and further volunteer any information gathered during flights in the event the 

FAA is interested in live field data. I do agree and attest to adhere to any further 

limitations the FAA imposes, now or in the future. Satisfaction of the current criteria 

provided in Section 333 of the Reform Act of 2012 – size, weight, speed, operating 

capabilities, proximity to airports and populated areas and operation within visual line of 

sight and national security – provide more than adequate justification for the grant of the 

requested exemptions allowing commercial operation of my UAS for commercial 

purposes. I look forward to support the FAA and UAS community in its quest to establish 

proper regulations and protocols for the safe introduction of unmanned aircraft into the 

national airspace.

Sincerely,

Edward Thomas Zakarian

3169 Santa Margarita Road

West Palm Beach, Florida 33411
Edward Thomas Zakarian, Private Pilot – Section 333 Exemption Petition

Appendix A

Edward Thomas Zakarian

Private Pilot Certificate