Edward Thomas Zakarian, Private Pilot

– Section 333 Exemption Petition

To: U.S. Department of Transportation

, Docket Operations West Building Ground Floor, Rm. W 12

- 140

12 00 New Jersey Ave, SE Washington, DC 20590

Fr: Edward T homas Zakarian

3169 Santa Margarita Road West Palm Beach, FL 33411

Date: March 31 , 2015



### Rega **rding:** FAA Exemption Rulemaking Se ction 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); 91.40 9(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

- Helicopter 1

, 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 Air craft (UAS) or equivalent and ground station

- based equipment and crew for the pur pose 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 aeri al 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 grap hics 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 a s 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, he liports and vehicular traffic, primarily over individual

1 Appendix A

- Copy of Private Pilot Certificate

2 Appen dix B

- DJI Phantom 2 Vision+ User ManualEdward 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 da te 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 w ill 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 li ght 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 ex perience piloting UAS’s but have a need to market their property in order to compete within an ever demanding technology driven real

estate 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 U AS 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 Mar garita 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 T homas Zakar ian, am seeking relief from existing FARs that currently prohibit my use of UASs from operating commercially for t he purpose of aerialEdward 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 s afely 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 a pproved 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 requ ired 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 S ystem 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 instrumen t 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 c ommercial ly 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 to p of Internet searches. The Multiple List Servi ce (MLS) typicallyEdward Thomas Zakarian, Private Pilot

– Section 333 Exemption Petition

lists home searches in hierarchy based on number of “images” or “videos”. T o grab the attention of the buyer , i t is important for them to see the entire p roperty and the

area around it. All of these elements combine to have a tremendou s 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 Pilo ts 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 f or 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 eq uivalent 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 re sidential 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 c ontrol 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 instru ment 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 th e 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 Airwort hiness Certificates, sets forth requirements for procurement of necessary airworthiness certificates in relation to FAR §91. 203(a)(1). The size, weight and enclose d 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, si ze, speed, maneuverability and proximity to areas such as air ports 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 wi ll 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

m ark 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 “EXPER IMENTAL” 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 previouslyEdward Thomas Zakarian, Private Pilot

– Section 333 Exemption Petition

issued exemptions to this regulation through Exemptions Nos. 8738, 10167, 10167 A 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 a chieved 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 atten ded 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 opera te at an altitude great er than 2 00 ft AGL; safely b elow 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 o wners 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 i n 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 t he FAA May Publish in the Federal Regist er: 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 §

91.20 3(a)(1). The size, weight and enclosed operational area of my UAS permit

ex emption 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 ce rtificate 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, maneuv erability and proximity to areasEdward 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

e quivalent 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 d uring 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 Th omas Zakarian 3169 Santa Margarita Road West Palm Beach, Florida 33411Edward Thomas Zakarian, Private Pilot

– Section 333 Exemption Petition



# Appendix A

Edward Thomas Zakarian

Private Pilot Certificate