Buffalo Aerial Photography

107 Calvin Court South 

Tonawanda, NY 14150

info@bfloaerialphoto.com

716-903-0559 cell phone

June 2, 2015

US Department Of Transportation

Federal Aviation Administration

800 Independence Ave SW

Washington DC 20591

Dear Sir or Madam:

 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 Aviation 

Regulations (FAR) listed below so that Buffalo Aerial Photography may operate UASs 

commercially in airspace regulated by the FAA., as long as such operations are 

conducted within and under the conditions outlined herein or as maybe established by 

the FAA as required by Section 333.

 Buffalo Aerial Photography is owned 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 

commercial use by a certified private 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), of 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 return 
to 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 below and at 400 feet 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 grant 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 

in 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 Photography 

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 aircraft 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 to 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 areas

 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 

operation in national airspace.

 Buffalo Aerial Photography UASs are rotorcraft weighing less than 55 lbs. and they

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 line of sight 

of the operator within a protected flight area and at 400 feet AGL or less. These 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 

establish 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 concerns 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, reduced emissions utilizing UASs verses traditional aircraft as well as 

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 requested 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 the 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 400 feet AGL or less. 

6. Crew will be at a minimum 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 distance 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 events from 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, entitled 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 pieces 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 

these elements

As of March 23, 2015 the FAA has stated that it will automatically grant a “blanket” COA 

for flights at or under 400 AGL to any UASs operator with a section 333 exemption.

 14 CFR 91.203(a&b) provides for carrying of civil aircraft certifications 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. As 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 certifications 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 400AGL. They will be 

operated on a will defined AOR that has been carefully reviewed for hazards and 

minimizes the presence of any persons not essential for these operations. Flights will 
only be over private property that the owner has consented and all persons within this 

video area also give consent for this filming. 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 Exemptions 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 flammable fuel to fly in close proximity of populated areas and people in general. 

With the use of small UASs of 55 lbs. or less, battery operated and fling below 400 feet 

AGL the risk of injury of people on the ground or the crew has been reduced or almost 

erased. 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 exemption 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 authority 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