Palo Dobrik Photography LLC |info@palodobrik.com| 773.875.3496

423 Harrison Court, Vernon Hills, IL 60061

www.PaloDobrik.com

November 12, 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 and Part 11 of the Federal Aviation

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

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, Palo Dobrik Photography LLC, an operator of Small Unmanned Aircraft SYSTEMS (“sUASs”)

equipped to conduct aerial photography and cinematography for commercial and residential real estate

and closed‐set special events, hereby applies for an exemption from the listed Federal Aviation

Regulations (“FARs”) to allow commercial operation of its sUASs, so 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.  

As described more fully below, the request exemption would permit the operation of small, unmanned,

and redundant sUAS under controlled conditions in airspace that is 1) limited 2) predetermined 3)

controlled as to access and 4) would provide safe operations and affordability to the existing real estate

and closed‐set special event industries currently using conventional aircraft. Palo Dobrik Photography

LLC currently serves over 200 real estate clients in northern Illinois with a growing need for aerial/drone

photography.    It is expected that demand for aerial/drone photography of real estate listings will

increase exponentially over the next few years and REALTORS are seeking professional photography

services from reputable photography firms like Palo Dobrik Photography LLC to fill that need.  Approval

of this exemption would thereby enhance safety, promote industry growth and fair competition through

affordability of aerial photography and cinematography 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 of the Reform Act.  

The name and address of the applicant is:  

Palo Dobrik Photography LLC

Attn: Palo Dobrik  

Ph: 773‐875‐3496  

Email: info@palodobrik.com  

Address: 423 Harrison Court, Vernon Hills, IL 60061  
Palo Dobrik Photography LLC |info@palodobrik.com| 773.875.3496

Regulations from which the exemption is requested:

14 C.F.R. Part 21  

14 C.F.R. 45.23 (b)  

14 C.F.R. 61.3  

14 C.F.R. 91.7 (a)  

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

14 C.F.R. 91.103  

14 C.F.R. 91.109  

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) & (b)  

14 CFR § 91.205(b)  

14 CFR § 91.215  

14 C.F.R. 91.405 (a)  

14 C.F.R. 407 (a) (1)  

14 C.F.R. 409 (a) (2)  

14 C.F.R. 417 (a) & (b)  

This exemption application is expressly submitted to fulfill Congress’ goal in passing Section 333(a) through (c) of

the Reform Act. This law 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 rule making 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 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; and  

• Operation of the UAS within visual line of sight of the operator.  

Reform Act § 333 (a). Lastly, 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.” Id. §333(c).  

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This statutory authority by its

terms includes exempting civil aircraft, as the term is defined under §40101 of the Act, that includes sUASs, from

the requirement that all civil aircraft must have a current airworthiness certificate.  

The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or

(b) of this section or any sections 44702 ‐ 44716 of this title if the Administrator finds the exemption in the public

interest. 49 U.S.C. §44701(f) See also 49 USC §44711(a); 49 USC §44704; 14 CFR §91.203 (a) (1).  

Flight Vehicle:  

Palo Dobrik Photography LLC proposes to use two sUASs; 1) DJI Inspire 1 & 2) DJI PHANTOM 3 Professional.  Both

of these aircrafts has four rotors and four motors in a quadcopter configuration (X4). Both sUASs weigh less than

55 lbs. including payload. They operate, under normal conditions at a speed of no more than 50 knots and have

the capability to hover, and move in the vertical and horizontal plane simultaneously. Both sUASs are equipped

with GPS and auto‐return function to the predetermined safe landing area as well as allowing reading of magnetic

interference that can cause loss off GPS signal. The sUASs will operate only in line of sight and will operate only

within a sterile closed‐set area of a residential or commercial listing or a closed‐set special event. Such operations

will insure that the sUASs will “not create a hazard to users of the national airspace system or the public.” (Reform

Act Section 333 (b)).  
Palo Dobrik Photography LLC |info@palodobrik.com| 773.875.3496

Given the small size of the sUASs involved and the restricted sterile environment within which they will operate,

the applicant falls squarely within that zone of safety (an equivalent level of safety) in which Congress envisioned

that the FAA must, by exemption, allow commercial operations of UASs to commence immediately.Also due to the

size of the UASs and the restricted areas in which the relevant sUASs will operate, approval of the application

presents no national security issue. Given the clear direction 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, and the significant public benefit, including enhanced safety, reduction in environmental impacts,

including reduced emissions associated with allowing UASs for movie and television operations, the grant of the

requested exemptions is in the public interest. Accordingly, the applicant respectfully requests that the FAA grant

the requested exemption without delay.  

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY  

Palo Dobrik Photography LLC proposes that the exemption requested herein apply to civil aircraft that have the

characteristics and that operate with the limitations listed herein. These limitations provide for at least an

equivalent or even higher level of safety to operations under the current regulatory structure because the

proposed operations represent a safety enhancement to the already safe aerial photography and cinematography

filming operations conducted with conventional aircraft.  

These limitations and conditions to which Palo Dobrik Photography LLC agrees to be bound when conducting

commercial operations under an FAA issued exemption include:  

 The sUAS will weigh less than 55 lbs.  

 Flights will be operated within line of sight of a pilot and/or observer.  

 Maximum total flight time for each operational flight will be 30 minutes or less.  

 Flights will be terminated at 25% battery power reserve should that occur prior to the 30 minute

limit.

 Flights will be operated at an altitude of no more than 400 feet AGL or, not more than 200 feet

above an elevated platform for which filming is planned.  

 Minimum crew for each operation will consist of the sUAS Pilot, the Visual Observer, and the

Camera Operator.  

 sUAS Pilot will also meet the flight review requirements specified in 14 C.F.R 61.56 in an aircraft

in which the Pilot is rated on his or her pilot certificate.  

 The sUAS will only operate within a confined sterile closed‐set area with a set safety perimeter,

the boundaries of which will be determined by production personnel and the sUAS PIC based on

the site‐specific filming activities and speed of the sUAS required for the operation, and

coordinated with the jurisdictional FAA FSDO and local government officials as applicable.  

 A briefing will be conducted in regards to the planned sUAS operations prior to each day’s

production activities. It will be mandatory that all personnel who will be performing duties within

the boundaries of the safety perimeter be present for this briefing.  

 The sUAS Pilot and/or Aerial Coordinator will ensure this safety perimeter that only consenting

production personnel will be allowed within 100 feet of the sUAS operation by not permitting

anyone who had not been briefed or whom is not involved in production to be in the closed‐set

area.  

 Observer and PIC will at all times be able to communicate by voice and/or two way radio

communication system.  

 Written and/or oral permission from the relevant property holders will be obtained.  

 If applicable, all required permissions and permits will be obtained from territorial, state, county

or city jurisdictions, including local law enforcements, fire, or other appropriate governmental

agencies.

 If the sUAS loses communications or loses its GPS signal, the sUAS will have the capability to

return to a pre‐determined location within the Security Perimeter and land safely.  

 The sUAS will have the capability to abort flight in case of unpredicted obstacles or emergencies.  
Palo Dobrik Photography LLC |info@palodobrik.com| 773.875.3496

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 14 C.F.R. §91.203 (a) (1)

Subpart H, entitled Airworthiness Certificates, establishes the procedural requirements for the issuance of

airworthiness certificates as required by FAR §91.203 (a) (1). Given the size and limited operating area associated

with the aircraft to be utilized by the Applicant, an exemption from Part 21 Subpart H meets the requirements of

an equivalent level of safety under Part 11 and Section 333 of the Reform Act.The Federal Aviation Act (49

U.S.C.§44701 (f)) and Section 333 of the Reform Act both authorize the FAA to exempt aircraft from the

requirement for an airworthiness certificate, upon consideration of the size, weight, speed, operational capability,

and proximity to airports and populated areas of the particular UAS. In all cases, an analysis of these criteria

demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and under

the conditions proposed will be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft)

operating with an airworthiness certificate without the restrictions and conditions proposed.  

14 C.F.R. § 45.23 (b). Marking of the Aircraft  

The regulation requires:  

When marks include only the Roman capital letter "N" and the registration number is displayed on limited,

restricted or light‐sport category aircraft or experimental or provisionally certificated aircraft, the operator must

also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2

inches nor more than 6 inches high, the words "limited," "restricted," "light‐sport," "experimental," or

"provisional," as applicable.  

Even though the sUAS will have no airworthiness certificate, an exemption may be needed as the sUAS will have

no entrance to the cabin, cockpit or pilot station on which the word “experimental” can be placed. Given the size

of the sUAS, two inch lettering will be impossible. The word “Experimental” will be placed on the fuselage in

compliance with §45.29 (f).  

The equivalent level of safety will be provided by having the sUAS marked on its fuselage as required by §45.92 (f)

where the pilot, observer and others working with the sUAS will see the identification of the sUAS as

“Experimental”. The FAA has issued the following exemptions to this regulation to Exemptions Nos. 10700, 8738,

10167 and 10167A.  

14 C.F.R. §91.7(a): Civil aircraft airworthiness

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition.As there will

be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA regulatory

standard will exist for determining airworthiness. Given the size of the aircraft and the requirements contained in

the Manual for maintenance and use of safety check lists prior to each flight, as set forth in Sections J, L and Q, an

equivalent level of safety will be provided.  

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

Section 91.9 (b) (2) provides: No person may operate a U.S.‐registered civil aircraft ...  

The sUAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not

only because there is no pilot on board, but because there is no room or capacity to carry such an item on the

aircraft.The equivalent level of safety will be maintained by keeping the flight manual at the ground control point

where the pilot flying the sUAS will have immediate access to it.The FAA has issued the following exemptions to

this regulation: Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and

10700.  

(2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is

available in the aircraft a current approved airplane or Rotorcraft Flight Manual, approved manual material,

markings, and placards, or any combination thereof.  

14 C.F.R. § 91.103: Preflight action  

This regulation requires each pilot in command to take certain actions before flight to insure the safety of flight.As

FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption will be needed. An

equivalent level of safety will be set forth by the pre‐flight checklist as set forth in the Flight Operations

Manual.The PIC will take all actions including reviewing weather, flight battery requirements, landing and takeoff
Palo Dobrik Photography LLC |info@palodobrik.com| 773.875.3496

distances, aircraft performance data and setting the pre‐determined safe landing area in case of loss of GPS

communication before initiation of flight.  

14 C.F.R. §91.109: Flight instruction

Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is being

used for flight instruction unless that aircraft has fully functioning dual controls. sUASs and remotely piloted

aircraft, by their design do not have fully functional dual controls. Flight control is accomplished through the use of

a control box that communicates with the aircraft via radio communications.The FAA has approved exemptions for

flight training without fully functional dual controls for a number of aircraft and for flight instruction in

experimental aircraft. See Exemption Nos.5778K & 9862A.The equivalent level of safety provided by the fact that

neither a pilot nor passengers will be carried in the aircraft and by the size and speed of the aircraft.  

14 C.F.R. §91.119: Minimum safe altitudes  

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to be

operated at less than the minimums prescribed, provided the person operating the helicopter complies with any

route or altitudes prescribed for helicopters by the FAA.As this exemption is for a sUAS that is a helicopter and the

exemption requests authority to operate at altitudes up to 400 AGL, or not more than 200 above an elevated

platform from which filming is planned, an exemption may be needed to allow such operations.The sUAS will

never operate at higher than 400 AGL. It will however be operated in a restricted area with security perimeter,

where buildings and people will not be exposed to operations without their pre‐obtained consent.  

The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well as the location

where it is operated. No flight will be taken without the permission of the property owner or local officials.

Because of the advance notice to the property owner and participants in the filming activity, all affected individuals

will be aware of the planned flight operations. Compared to flight operations with aircraft or rotorcraft weighting

far more than the maximum 55lbs. proposed herein and the lack of flammable fuel, any risk associated with these

operations is far less than those presently presented with conventional aircraft operating at or below 500 AGL in

aerial photography and cinematography industry. In addition, the low‐ altitude operations of the sUAS will ensure

separation between these sUAS operations and the operations of conventional aircraft that must comply with

Section 91.119.  

14 C.F.R. §91.121 Altimeter Settings

This regulation requires each person operating an aircraft to maintain cruising altitude by reference to an

altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter setting available

before departure.” As the sUAS may not have a barometric altimeter, but instead a GPS altitude read out, an

exemption may be needed. An equivalent level of safety will be achieved by the operator, pursuant to the Pre

Flight Check list, confirming the altitude of the launch site shown on the GPS altitude indicator before flight.  

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions  

Section 91.151 (a) 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 sUAS provides approximately 40 minutes of powered flight. To meet the 30 minute

reserve requirement in 14 CFR §91.151, sUAS flights would be limited to approximately 10 minutes in length. Given

the limitations on the UAS’s proposed flight area and the location of its proposed operations within a

predetermined area, a longer time frame for flight in daylight or night VFR conditions is reasonable.  

Palo Dobrik Photography LLC believes that an exemption from 14 CFR §91.151(a) falls within the scope of prior

exemptions. See Exemption 10673 (allowing Lockheed Martin Corporation to operate without compliance with

FAR 91.151 (a)). Operating the small UAS, in a tightly controlled area where only people and property owners or

official representatives who have signed waivers will be allowed, with less than 30 minutes of reserve fuel, does

not engender the type of risks that Section 91.151(a) was intended to alleviate given the size and speed of the

small UAS. Additionally, limiting sUAS flights to 10 minutes would greatly reduce the utility for which the

exemption will be granted.  
Palo Dobrik Photography LLC |info@palodobrik.com| 773.875.3496

Applicant believes that an equivalent level of safety can be achieved by limiting flights to 30 minutes or 25% of

battery power whichever happens first. This restriction would be more than adequate to return the sUAS to its

planned landing zone from anywhere in its limited operating area.  

Similar exemptions have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808.

14 C.F.R. §91.203 (a) and (b): Carrying Civil Aircraft Certification and Registration  

The regulation provides in pertinent part:

(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the following:  

(1) An appropriate and current airworthiness certificate. . . .  

(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this

section or a special flight authorization issued under §91.715 is displayed at the cabin or cockpit entrance so that it

is legible to passengers or crew. The UAS fully loaded weighs no more than 55 lbs and is operated without an

onboard pilot.As such, there is no ability or place to carry certification and registration documents or to display

them on the sUAS.  

An equivalent level of safety will be achieved by keeping these documents at the ground control point where the

pilot flying the sUAS will have immediate access to them, to the extent they are applicable to the sUAS.The FAA

has issued numerous exemptions to this regulation. A representative sample of other exceptions includes

Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 9816A, and 10700.  

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 that 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...,” and others shall inspect or maintain the

aircraft in compliance with Part 43. Given that these section and Part 43 apply only to aircraft with an

airworthiness certificate, these sections will not apply to the applicant. Maintenance will be accomplished by the

operator pursuant to the flight manual and operating handbook. An equivalent level of safety will be achieved

because these small UASs are very limited in size and will carry a small payload and operate only in restricted areas

for limited periods of time. If mechanical issues arise the UAS can land immediately and will be operating from no

higher than 400 feet AGL.The operator will ensure that the UAS is in working order prior to initiating flight,

perform required maintenance, and keep a log of any maintenance performed. Moreover, the operator is the

person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide

the equivalent level of safety.  

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it

be determined that publication is needed:  

Applicant seeks an exemption from the following rules:  

14 C.F.R. §21, subpart H; 14 C.F.R 45.23(b);14 C.F.R. §§ 61.113( a) & (b);91.7 (a); 91.9 (b) (2);91.103(b);91.109;

91.119; 91.121; 91.151(a);91.203(a) and (b); 91.405 (a); 91.407 (a) (1); 91.409 (a) (2); 91.409 (a) (2) and 91.417 (a)

& (b) to operate commercially a small unmanned vehicle (55lbs or less) in aerial photography and cinematography

for residential and commercial real estate and closed‐set special events.  

Approval of exemptions allowing commercial operations of sUASs for aerial photography and cinematography for

real estate and close‐set special events will enhance safety by reducing risk. Conventional real estate aerial

photography and cinematography use jet or piston powered aircraft which carry large amounts of combustible fuel

posing increased risk. Conversely, sUASs carry no combustible fuel, weigh only 55 lbs. or less comparatively to

3,000+ lbs. of a conventional aircraft, are much more easily maneuverable and do not ferry to and from the

production location. Additionally, flying at or below 400 AGL sUAS will be no factor with fixed wing and rotor wing

aircraft.

The operation of small UASs, weighting less than 55 lbs., conducted in the strict conditions outlined above, will

provide an equivalent level of safety supporting the grant of the exemptions requested herein, including
Palo Dobrik Photography LLC |info@palodobrik.com| 773.875.3496

exempting the applicant from the requirements of Part 21 and allowing commercial operations. These lightweight

aircraft operate at slow speeds, close to the ground, and in a sterile environment and, as a result, are far safer than

conventional operations conducted with traditional aircraft which pose a safety risk. There are no personnel on

board the sUASs and therefore the likelihood of death or serious bodily injury is significantly diminished. All flights

will occur over private or controlled access property with the property owner’s prior consent and knowledge.

Filming will be of people who have also consented to being filmed or otherwise have agreed to be in the area

where filming will take place. Palo Dobrik Photography LLC will provide an equivalent or better level of safety as

that achieved under the current FAR’s.  

Palo Dobrik Photography LLC respectfully requests that the FAA grants the exemption request. Satisfaction of the

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 applicant’s UAS

in aerial photography and cinematography for the real estate industry and close‐set special events pursuant to the

Manuals appended hereto.  

Sincerely,  

Palo Dobrik

Palo Dobrik Photography LLC

      

   
Palo Dobrik Photography LLC |info@palodobrik.com| 773.875.3496

APPENDIX                                                                                           

FAR section Subject Justification

14 CFR §

45.23

Requirement to display registration

number on vehicle

Insufficient space on vehicle

14 CFR Part 21 Aircraft certification requirements

and procedures

Designed for manned aircraft; not

suitable for off‐the‐shelf sUAS

14 CFR § 61.3 Requirement for pilot certificate Part 61 requirements designed for

manned aircraft, not sUAS; petition

describes traning for sUAS operator

14 CFR § 91.7 Airworthiness requirement Designed for manned aircraft; not

suitable for off‐the‐shelf sUAS

14 CFR § 91.9

(b) (2)

Requirement for manual to be

available in the cockpit

No one aboard to read manual

14 CFR §

91.103(b)

Requirement for crew members to

be onboard

Unmanned vehicle

14 CFR §

91.109

Requirement for dual controls

during flight instruction

No one aboard to operate controls

14 CFR §

91.119

Minimum altitudes for safe flight Safety requires operation below

these altitudes

14 CFR §

91.121

Altimeter settings No one aboard to read altimeter

14 CFR §

91.151(a)

Fuel requirements Vehicle does not use fuel

14 CFR §

91.203 (a)&(b)

Requirement for registration and

airworthiness certificates to be

onboard

No on aboard to read certificates

14 CFR §

91.205(b)

Cockpit instruments No on aboard to read instruments

Requirement Justification

14 CFR § 91.215 Transponder requirement Vehicle has insufficient useful load;

will be operated below ATC radar

coverage

14 CFR § 91.405 (a) Inspection requirements Designed for manned aircraft; not

suitable for off‐the‐shelf sUAS

14 CFR § 91.407 (a) (1) Inspection approval requirements Designed for manned aircraft; not

suitable for off‐the‐shelf sUAS

14 CFR § 91.409 (a) (2) Airworthiness inspection Designed for manned aircraft; not

suitable for off‐the‐shelf sUAS

14 CFR § 91.417 (a) & (b) Maintenance records Designed for manned aircraft; not

suitable for off‐the‐shelf sUAS
DJI Inspire 1 Product SpecificaƟons 
DJI Inspire 1 Product SpecificaƟons (ConƟnued) 
DJI Inspire 1 Product SpecificaƟons (ConƟnued) 
DJI Inspire 1 Product SpecificaƟons (ConƟnued) 
DJI PHANTOM 3 Professional Product SpecificaƟons 
DJI PHANTOM 3 Professional Product SpecificaƟons (ConƟnued) 
DJI PHANTOM 3 Professional Product SpecificaƟons (ConƟnued)