Buffalo Aerial Photography

107 Calvin Court South
Tonawanda, NY 14150 info@bfloaerialphoto.com

716

- 903

- 0559 cell phone
June 2, 2015

US D epartment Of Transportation

Federal Aviation Administration 800 Independence Ave SW Washington DC 20591

Dear Sir or M adam: Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012(the reform act) and CFR Part 11, Buffalo Aerial Photography , owner and operator of Small Unmanned Aircraft Systems (UASs), request to be exempted from the Federal Aviat ion Regulations (FAR) listed below so that Buffalo Aerial Photography may operate UASs commercially in airspace regulated by the FAA., as long as suc h operations are conducted with in and under the conditions outlined herein or as maybe established by the F AA as required by Section 333. Buffalo Aerial Photography is o wned by Vincent Karam

. I’am also a Gulf War Veteran I have a Valid New York State Drivers license. I will be the pilot in charge and All operations will be performed with the public’s safety and right to privacy safe guarded at all times. As described below, the requested exception would permit the operation of light weight (less than 55 lbs. total takeoff weight) UASs under controlled conditions for

c ommercial use by a certified pr ivate pilot thereby enhancing safety and fulfilling the Secretary of Transportation’s ( the FAA Administrator’s) responsibility to” establish requirements for safe operation of such aircraft systems in national airspace systems.” Section 333(c) , o f the Reform Act. Buffalo Aerial Photography UASs are rotorcraft weighing less than 55 pounds including payload. ( The DJI Phantom 3 Advanced Quad Copter and The DJI Phantom 3 Professional ) They operate at a speed less than 50 knots and have the capability to hover and move in the vertical and horizontal plane simultaneously. Both have an auto returnto launch point when battery power is under 25%. The UAS will operate within the line

of sight with in a protected flight area as described be low and at 400 fee t AGL or less with an observer located close at hand as to make voice communication possible. These operations will not create a hazard to users of the nation airspace, public nor the environment. Buffalo Aerial Photography respectfully requests the g rant of an exception to the following specific sections of the Title 14 Code of Federal regulations allowing it to operate lightweight UASs 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)&(b). Buffalo Aerial Photography submits this application in accordance with the Reform Act ,112 P.L. 95 331

- 334, seeking relief from any currently applicable FAR’S operating to prevent Buffalo Aerial Photography future commercial use of small UASs to operate in the national airspace system as described below. The reform Act section 332 provides for such integration of civil unmanned aircraft into our national airspace system as it is i n the public’s interest to do so. Buffalo Aerial Photography’ s UASs meet the definition of “small unmanned aircraft” as defined in Section 331 and therefor the integration of these UASs are expressly contemplated by the Reform Act. Buffalo Aerial Photograp hy would like to operate its light weight UASs 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 ai rcraft systems may operate safely in national airspace before completion of the rule making required under Section 332 of the reform Act. In making this determination, the Secretary of Transportation is required to determine which UASs do create a hazard t o users of the national airspace system or the public or pose a threat to national security in light of the following: The UASs size, speed, weight and operational capability Operation of the UASs in close proximity to airports and populated a reas Operation of the UASs within visual line of sight of the operator Reform Act 333(a). If the secretary determines that such vehicles “may operate safely in National Airspace System, the secretary shall establish requirements for the safe ope ration in national airspace. Buffalo Aerial Photography UASs are rotorcraft weighing less than 55 lbs. and the y operate at speeds less than 50 knots and have the capability to operate in the vertical and horizontal plane simultaneously. The UASs will operate only within the lin e of sight of the operator with in a protected flight area and at 4 00 feet AGL or less. Th ese will not

present a hazard to the national airspace nor the public.The very small nature of these UASs combined with the safe guards presented below,

will allow for the safe operation greater than that envisioned by Congress for the FAA to establis h and by exemption allow commercial operations of UASs to commence immediately. Also due to the size of UASs and the areas and altitudes they will operate approval of this exception presents no national security issues and absolutely minimal safety concern s which have been mitigated through our 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 enhanced safety, red uced emissions utilizing UASs verse s traditional aircraft as well a s 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 request ed exemption without delay. The following will be considered as the binding limitation on operations of Buffalo Aerial Photography

1. Flights will only occur in the day time hours, 2. Flights will be operated in th e line of sight of the operator ( PIC ) and Observer, (VSO) 3. Flights will be terminated at any time weather and wind deteriorate to “unsafe for flight” by manufacturers recommendations, 4. The UASs will weigh less that 55 lbs., 5. Flights will be operated at 4 00 feet AGL or less. 6. Crew w ill be at a mi nimum of operator (PIC) and an observer and/or camera operator (VSO) , 7. Operator and crew will remain in contact during the flight operation, 8. The UASs operator will perform a check of the flight area and make certain of the safety of all persons in the area, 9. Consent will be obtained from all persons with in the video capabilities of the units to further reduce the chance of violating anyone’s privacy. 10. All required FAA clearances, will be obtained and distances from airports strictly observed. 11. All UASs will have the capability to return automatically to the operator in a safe manner with the auto return function checked and working. 12. When operated in conjunction with fishing vessels in the gulf, a chase boat will be assigned to operate the UASs at a safe dist ance from the main fishing boat. 13. Flights will only operate in VFR conditions. 14. UASs have a function on the control to tell operator the distance away from the operator and its battery power remaining. 15. Flight team will communicate by voice and the use of two

- way radio if the area is too big to hear voice from all team members. 16. UASs will be used to video private outings and functions , boating , jet skiing, kayaking, Real estate photos and sporting e vents f rom a safe distance , .17. When operating over or near water the UASs will be equipped with flotation devices

so that recovery can be made as to prevent lithium battery exposure to the water table.

14 CFR part 21 Subpart H: Airworthiness Certificate 14 CFR 91.7(a), 91.203(a)(1)
Subpart H, en titled Airworthiness Certificates, sets forth requirements for procurement of necessary certificates in relation to FAR 91.203(a)(1). The size, weight and defined area of operations for Buffalo Aerial Photography UASs flights permits exception from Part 21 because they meet 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 USC 4470(f) and Section 333 of the Reform Act. Both p ieces of legislation permit the FAA to exempt UASs from airworthiness certificates in consideration of weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. Buffalo Aerial Photography meets or exceeds each of t hese elements
As of March 23, 2015 the FAA has stated that it will automatically grant a “blanket” COA for flights at or under 4 00 AGL to any UASs operator with a section 333 exemption. 14 CFR 91.203(a&b) provides for carrying of civil aircraft certi fications and registrations. These are inapplicable for the same reasons stated above. The equivalent level of safety will be achieved by maintaining such certifications and registrations at

Buffalo Aerial Photography operations center. 14CFR91.7 (a) prohibits the operation of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by FAR’s this regulation is inapplicable. 14 CFR 91.9(b)(2) Civil Aircraft Flight Manual in Aircraft 14 CFR 91.9(b)(2) requires an aircraft flight manual in the aircraft. A s there are no pilots or passengers, and given the size of the UASs this regulation is inapplicable. An equivalent level of safety will be achieved by maintaining such certificati ons and registrations at. Buffalo Aerial Photography. The FAA has previously issued exemptions to this regulation in Exemptions No’s 8607,8737,8738,9299,9299A,9565,9565B,10167,10167A,10602,10700 and 32827.

14 CFR 91.119 Minimum safe altitudes, prescribes safe altitudes for operation of civil aircraft. It allows helicopters to be operated at lower altitudes in certain conditions. Buffalo Aerial Photography will only operate its UASs at or below 4 00AGL. They will be operated on a will defined AOR that has b een carefully reviewed for hazards and minimizes the presence of any persons not essential for these operations. Flights willonly be over private property that the owner has consented and all persons with in this video area also give consent for this filmi ng. Compared to flight operations of conventional and traditional aircraft or rotorcraft weighing far more than 50 lbs. , operating below 500 AGL with flammable fuel UASs operations present a far smaller risk to the public.

Approval of these 333 Exemption s allowing commercial operations of small UASs 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 with fla mmable fuel to fly in close proximity of populated areas and people in general. With the use of sma ll UASs of 55 lbs. or less, battery operated and fling below 4 00 feet AGL the risk of injury of people on the ground or the crew has been reduced or almost

e rased. The granting of the use of these small UASs by Buffalo Aerial Photography will give the people another avenue to express themselves and to have a video record to

share with family and friends forever.
Granting Buffalo Aerial Photography the above ex emption will allow for the expansion of UAS systems into the future for the safe conduct of free enterprise and the enjoyment of the masses. Buffalo Aerial Photography respectfully requests the FAA grant its exception without delay. The FAA has the authori ty to issue the exemption sought by Buffalo Aerial Photography pursuant to the Federal Aviation Act, 85 P.L. 726 (1958) as amended (the ACT).

Sincerely

Vince Karam Buffalo Aerial Photography

107 Calvin Court South
Tonawanda, New York 14150

info@bfloaerialphoto.com