June 5, 2015

U.S. Dept. of Transportation

Docket Management Systems

1200 New Jersey Avenue, SE

West Building Ground Floor, Room W12-140

Washington, DC 20590-0001

SUBJECT: Petition for Section 333 Exemption of the FAA Modernization and 

Reform Act of 2012

I, Ethan Kaminsky, of 303 N. Indian Canyon Drive in Palm Springs, California 92262, 

hereby petition the FAA for a Section 333 exemption from various sections of 49 USC of 

Federal Aviation Regulations. 

I am president of Kaminsky Productions, and will be the Pilot in Charge of all aerial 

photography, following approval of this request. 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012, Public Law 

112-95, I request certain exemptions in order to perform aerial cinematography

(henceforth meaning still and/or video) as well as limited search and rescue operations

for the Agua Caliente Band of Cahuilla Indians using a small UAV.

Sincerely,

Ethan Kaminsky

President

Kaminsky Productions

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OVERVIEW:

I, Ethan Kaminsky, of 303 N. Indian Canyon Drive in Palm Springs, California 92262 

hereby petition the FAA for an exemption from various sections of 49 USC of Federal 

Aviation Regulations. I am president of Kaminsky Productions, and will be the Pilot in 

Charge of all aerial photography, following approval of this request. 

I am a licensed private pilot with a current 3rd Class medical certificate. I have logged 

more than 200 hours in single-engine Cessna aircraft, 172 and 182.

I have a Bachelor of Fine Arts degree in photography from the Art Center College of 

Design in Pasadena, California and have won numerous awards for my work from the 

American Advertising Federation.

I also serve on the board of the Children’s Discovery Museum of the Desert. I was 

named one of the 40 most up and coming people under 40 in the Coachella Valley by 

Palm Springs Life Magazine.

Kaminsky Productions has been in business since January, 1992. We offer still and 

video photography services, web development and graphic design. In addition, we have 

been in discussion with the Agua Caliente Band of Cahuilla Indians regarding 

assistance in search and rescue operations on reservation property.

As a licensed pilot and professional photographer, I am extremely sensitive and aware 

of the importance of safety and privacy, especially as it relates to UAVs. 

I believe safety is the first and overriding priority in regards to operating a UAV. 

Additionally, I would not operate a UAV in a manner as to invade the privacy of anyone 

unaware of our flight intentions.

Kaminsky Productions currently is bound by a $2,000,000 liability insurance policy for all 

operations. Upon receipt of the Section 333 exemption, we will secure an insurance 

policy specific to UAV operations.

GEOGRAPHIC AREA OF OPERATION:

Our primary area of operation is in the Coachella Valley, an approximate 645 square 

mile area with a combined total population of less than 450,000 people.

Based on our current UAV and its camera, we find that most operations are conducted 

between 25 and 250 feet AGL. 

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This is due to the focal length of the lens as it relates to the subject matter we are trying 

to capture. We currently set the UAV not to exceed 250 feet AGL.

We have one controlled airport in the vicinity, Palm Springs International Airport (PSP). 

Our company has a relationship (through our traditional, non-UAV video production) 

with the airport’s director and operations manager and have a direct line of 

communication with them. 

We believe that if granted a Section 333 exemption, we will be offered a communication 

channel direct with the control tower at PSP to advise in advance, our flight intentions, 

and request permission when necessary to fly under the current FAA regulations. This is 

in addition to the filing of the COA and we believe further enhances our desire to fly 

safely and responsibly.

UAS INFORMATION: 

• Our UAV is a DJI Inspire 1 (model T600). It is a lightweight (6.5 lb. gross weight with 

all on-board equipment), battery operated four-motor rotorcraft in the form of a 

quadcopter that takes off and lands vertically that includes the following equipment in 

flight:

• An on-board flight computer with GPS navigation and location ability that receives 

signals for flight controls from a ground-based transmitter/controller;

• An on-board camera capable of capturing imagery in the form of full color, high 

definition still photos and video;

• An on-board telemetry system that delivers flight data from the on-board flight 

computer to the on-board radio transmitter including altitude AGL, horizontal and 

vertical speed, compass direction of flight and direction back to its launch site;

• A 2.4GHz on-board radio transmitter that transmits live video from the on-board 

camera plus all the flight data from the telemetry system described above.

GROUND SYSTEM:

• A Pilot in Command (PIC) in operational control of a flight operation from beginning to 

end and who controls the UAV while in the air;

• A Visual Observer (VO) that provides a second pair of eyes to visually track the UAV 

while in flight;

• A 2.4GHz radio transmitter/controller operated by the PIC to control the UAV while in 

flight;

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• A radio receiver receiving live video and flight data from the on-board camera and 

computer projects it all together onto a screen for the PIC to view during flight.

PRE-FLIGHT CHECKLIST:

• If required, notify the appropriate FAA facility of our launch schedule and location. 

• Survey the area of operation for hazards- trees, utility poles and other elements that 

might compromise the flight, then make a judgment as to whether to proceed. 

• Check the weather for wind speed, cloud cover and any forecast changes that might 

adversely affect flight safety and performance. 

• Examine the aircraft ⎯ looking at connections and searching for cracks and loose 

parts.

• Determine that the electronic elements are performing correctly (receiving more than 

6 GPS signals along with calibration of the magnetic compass). 

• Determine that the barometric altimeter reflects approximately 0 feet AGL. 

• Following takeoff, I will hover at an altitude of approximately 10 feet to assure that the 

home return point is established.

• Exercise all controls to confirm their functionality ⎯ if one of the controls is not 

functioning, the mission will be terminated immediately. 

• Operate with a Visual Observer (VO) at my side who will double-check for possible 

flight hazards. The VO will provide a second pair of eyes to assist the PIC in keeping 

the UAV within Visual Line of Sight (VLOS). VO will also assist in any emergency 

maneuvers due to unanticipated events that require a quick landing.

SAFETY AND PRIVACY PROTOCOLS:

• Will not fly over dense traffic or crowds. 

• Will give right-of-way to any manned aircraft. 

• Will stay clear of FAA controlled airspace at airports (generally a five nautical mile 

radius), as well as restricted and prohibited zones. 

• Will fly no higher than 400' and no further than 1000' from the home point, recognizing 

that the primary responsibility is to safely keep the aircraft within VLOS. 

• Will perform a post-flight check of the Inspire 1 to determine its physical and electronic 

condition. 

• Gain express permission to fly above any and all property within flight plan. 

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• Follow a preflight checklist confirming battery charge, propeller connection, motor 

function, etc.

• Calibrate compass before each flight.

• Never fly in high wind or threat of precipitation.

• Always set maximum height and radius flight limits in intelligent controller after 

analyzing site.

• Utilize a separate camera operator so pilot can concentrate on safe copter flight.

• Use audible alarms of low battery warning from the controller to bring copter back and 

land well before battery drains.

EXEMPTION REQUEST:

I respectfully request exemption from the following regulations with which I cannot fully 

comply. 

14CFR

Part 21 Airworthiness Certification 

Subpart H "prescribes the procedural requirements for issuing and changing design 

approval, production approval, airworthiness certificates and airworthiness approval." 

Response: "The Secretary of Transportation has determined that this aircraft meets the 

conditions of Section 333. Therefore, the FAA finds that the requested relief from 14 

CFR part 21, and any associated noise certification and testing requirements of part 36, 

is not necessary." 

Part 61 (a)(b) Parts, General Operating and Flight Rules 

(a) Prescribes the requirements for issuing pilot licenses and the privileges and 

limitations associated with various ratings. 

(b) Aeronautical experience means pilot time, flight simulator or flight training device for 

meeting the appropriate training and flight time requirements for an airman certificate. 

Response: Organized or commercially available FAA-approved flight training has yet to 

be achieved by the UAV industry. While I have regularly used a flight simulator on my 

computer, those skills are generally not transferable to quadcopter operation. 

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My sources of training are: the Flight Instruction Manual from DJI Inspire 1; online 

videos from the manufacturer, as well as videos from users; and most importantly, 

personal training in a secure location, which is an open area not subject to traffic and/or 

uninvolved individuals. 

Those training flights, which have averaged 10-15 minutes each, deal with setup, 

physical and electronic safety checks; lift-off followed by hovering at approximately 10 

feet to confirm that the GPS system is functioning properly and has registered its Home 

Point; a prescribed flight plan to familiarize and then master the fight controls and 

camera; returning to the launch point and landing, either on a plastic pad or having my 

VO secure the Inspire 1 by hand. I then conduct a post-flight inspection for any 

problems, log the location and flight time and then view the video. 

There are no FAA certified instructors or FAA certified study guides available at this time 

as the technology continues to develop. I respectfully request an exemption from this 

rule. 

§91.103 (b)(2)

(b)(2) This section deals the pilot's preparations for flight, in particular runway lengths, 

takeoff and landing distance information. 

Response: Since a quadcopter, like a helicopter, takes off and lands vertically, an 

Inspire 1 pilot would not need to know this information since there are no runways 

involved and the return from flight is the takeoff point. The FAA has determined that 

"relief is not necessary."

§ 91.105

Summary: This section deals with flight crew members at stations. 

Response: Since there are no passengers, pilots or crew members, I respectfully 

request relief from this regulation. 

§ 91.109

Summary: This sections deals with flight instruction, simulated instrument flight and 

certain flight tests. 

Response: None of these functions are applicable to a quadcopter flight and, as stated 

earlier, there are no FAA certified instructors or FAA certified study guides available at 

this time for quad-copter operation. I respectfully request an exemption from this rule. 

§ 91.119 (a) (b) (c) 

Summary: This section deals with minimum safe altitude stating that if the power fails 

anywhere, an aircraft should have an altitude sufficient so that an emergency landing 

can occur without hazard to persons or property (91.119 a). 

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It also sets minimum altitudes over congested areas and uncongested areas as well as 

has a paragraph on helicopters (91.119 b). It also sets minimum distance (500 feet) 

from any person, vessel, vehicle, or structure (91.119 c). 

Response: None of the altitude requirements in this regulation should apply to a UAS 

since these aircrafts are required to fly below those altitudes. Their weight, speed and 

GPS-controlled Return to Home feature mitigates against a catastrophic accident. 

A manned aircraft is much heavier and larger than an Inspire 1. If an Inspire 1 were to 

crash, it carries no humans, no explosive fuel and since it flies primarily over a single 

piece of private property, any damage would likely be minimal and confined to that area. 

As to keeping 500' from any person, vessel, vehicle or structure, the purpose of UAV 

photography is to fly close to the subject structures with the permission of the owner/

representative. 

I maintain that my flight experience with the Inspire 1 provides me with sufficient skills to 

manage safely any approach under 500 feet. In addition, access to the property is 

strictly controlled (warning sign and the clearing of any person on the property not 

involved in the flight). I respectfully request an exemption from this rule. 

§ 91.121 

Summary: This section details altimeter settings required to maintain the "cruising 

altitude or flight level of that aircraft." It requires that the "elevation of the departure 

airport" be set in the altimeter or the "current reported altimeter setting of a station along 

the route and within 100 miles of the aircraft". 

Response: An UAV cannot comply fully with this section's altitude requirements. The 

Inspire 1 is equipped with a barometric altimeter which automatically calculates the 

takeoff altitude (0 AGL) when the aircraft is warmed up⎯ the launch point becomes the 

"elevation of the departure" point. The altitude of the UAV is visible in the control monitor 

by the PIC before launch and is consistently updated as the flight progresses. I 

respectfully request an exemption from this rule. 

§91.151 

Summary: This section deals with fuel requirements for VFR flights stating, among 

other things, that "no person may begin a flight in an airplane under VFR condition 

unless...there is enough fuel to fly to the first point of the intended landing and, "...fly 

after that for at least 40 minutes (day) and 45 minutes (night)". 

Response: This regulation deals with 'reserve' fuel. This could include any condition 

that increases flight time or fuel consumption. Weather would be one factor including 

wind, turbulence and the necessity to divert around threatening thunderstorms. 

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Compliance with this regulation is not possible because the 'fuel" onboard the Inspire 1 

is not aviation gas but a DC battery with a maximum flight duration of 25 minutes. 

Fuel management of an UAV requires constant monitoring of the battery's state-ofcharge and bringing it home before it reaches the manufacturer’s recommended 30-

percent level. In our training flights, we've found that a flight of 10-15 minutes to be safe, 

returning the Inspire 1 to its Home Point around the 40-percent level. I respectfully 

request an exemption from this rule. 

§ 91.405 

Summary: This section deals with aircraft maintenance including regular inspection, the 

keeping of appropriate maintenance records and replacement of inoperable instruments 

Response: Maintenance on the Inspire 1 is quite straight forward. If, in landing, a rotor 

blade or two are damaged, they are quickly replaced. The traditional instrument cluster 

in an aircraft is replaced by a data stream from the Inspire 1, visible in the control 

monitor

Replacement of minor parts are performed by the PIC and a major 'overhaul' that can't 

be easily resolved will go back to the manufacturer for repair. Currently, there are no 

required inspections by 'authorized' maintenance personnel and there would be no 

space/room on board to install a placard of inoperability. I respectfully request an 

exemption from this rule. 

§ 91.407 

Summary/Response: This section addresses requirements after maintenance has 

been performed. Again, approval of the maintenance before flight is essentially in the 

hands of the PIC. 

Whatever maintenance is performed will be entered in the aircraft log, unless a separate 

maintenance log is required. Paragraph (b) refers to the prohibition of a pilot carrying 

passengers or crew members, if the flight characteristics have been substantially 

affected, before a rated pilot performs an operational check of the maintenance. 

Again, this is a PIC's responsibility to preflight the Inspire 1 and determine its flyability. 

And, as mentioned earlier, there is no pilot, crew members or passengers on board the 

Inspire 1. I respectfully request an exemption from this rule. 

§ 91.409 

Inspections: This section deals with the necessity of annual and 100-hour inspections 

or "progressive inspections" and approval by authorized persons which will lead to the 

"issuance of an airworthiness certificate." 

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Response: As stated earlier, there is no FAA approved inspection protocols nor 

authorized inspection personnel. The PIC handles those issues each time the Inspire 1 

is prepared for flight. 

The pre-flight check list enumerated earlier will be followed to determine its mechanical 

and electronic integrity. I respectfully request an exemption from this rule. 

§ 91.417

Maintenance Records: This section requires a maintenance record be kept on repair, 

replacement and condition of vital parts (rotors, engines & airframe). Certain records

must be retained for one year while other records must be kept with the aircraft even 

when sold to another part. 

Response: The details of this section would be impractical with an Inspire 1, but repair 

issues can be entered into the aircraft log. I respectfully request an exemption from this 

rule. 

The above requests for exemptions follow the guidance published by the FAA. 

COMMUNITY BENEFIT:

First and foremost is the level of safety offered by the use of a small UAV in comparison 

to a manned fixed wing or rotorcraft. Weighing less than seven pounds with camera 

and battery, the Inspire 1 is incapable of causing the level of damage or injury caused 

by a full-size, manned aircraft. Additionally, the ecologic and noise impact is negligible 

as compared to traditional manned aircraft. Lastly, as tourism and real estate are large 

parts of our community, the use of a small UAV aerial filming platform is a cost-effective 

and visually impactful means to promote our resort destination, therefore becoming an 

economic driver in the community.

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ATTACHMENTS:

1. Copy of Pilot License

2. Copy of 3rd Class Medical Certificate

3. DJI Inspire 1 User Manual

4. DJI Inspire 1 Safety Guidelines

5. DJI Inspire 1 Battery Safety Guidelines

6. DJI Inspire 1 Maintenance Manual

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