June 1, 2015

Exemption No. 11725

Regulatory Docket No. FAA–2015–0191

Mr. Mike Levin

Mike Levin Photography and Digital Imaging

2941 Susquehanna Road

Roslyn, PA 19001

Dear Mr. Levin:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letters

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posted to the docket on January 28 and April 16, 2015, you petitioned the Federal 

Aviation Administration (FAA) on behalf of Mike Levin Photography and Digital Imaging

(hereinafter petitioner or operator) for an exemption. The petitioner requested to operate an 

unmanned aircraft system (UAS) to conduct aerial photography for real estate, architectural 

engineering, construction industry sites, and motion picture and television operations.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition 

in the Federal Register because the requested exemption would not set a precedent, and any 

delay in acting on this petition would be detrimental to the petitioner.

 

1 The petitioner submitted additional information to the docket on April 24, April 27, April 28, and May 13, 

2015.
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Airworthiness Certification

The UAS proposed by the petitioner are the KongCopter X8 and 3DRobotics IRIS+.

In accordance with the statutory criteria provided in Section 333 of Public Law 112−95 in 

reference to 49 U.S.C. § 44704, and in consideration of the size, weight, speed, and limited 

operating area associated with the aircraft and its operation, the Secretary of Transportation 

has determined that this aircraft meets the conditions of Section 333. Therefore, the FAA 

finds that the relief from 14 CFR part 21, Certification procedures for products and parts, 

Subpart H—Airworthiness Certificates, and any associated noise certification and testing 

requirements of part 36, is not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection2and closed set motion picture and 

filming. The FAA has issued grants of exemption in circumstances similar in all material 

respects to those presented in your petition. In Grants of Exemption Nos. 11062 to Astraeus 

Aerial (see Docket No. FAA−2014−0352), 11109 to Clayco, Inc. (see Docket No. 

FAA−2014−0507), 11112 to VDOS Global, LLC (see Docket No. FAA−2014−0382), and 

11213 to Aeryon Labs, Inc. (see Docket No. FAA−2014−0642), the FAA found that the 

enhanced safety achieved using an unmanned aircraft (UA) with the specifications described 

by the petitioner and carrying no passengers or crew, rather than a manned aircraft of 

significantly greater proportions, carrying crew in addition to flammable fuel, gives the FAA 

good cause to find that the UAS operation enabled by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

 They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, Mike Levin Photography and Digital Imaging is 

 

2 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
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granted an exemption from 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 

61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and 

(2), and 91.417(a) and (b), to the extent necessary to allow the petitioner to operate a UAS to 

perform aerial data collection and closed set motion picture and filming. This exemption is 

subject to the conditions and limitations listed below.

Conditions and Limitations

In this grant of exemption, Mike Levin Photography and Digital Imaging is hereafter referred 

to as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the KongCopter X8 

and 3DRobotics IRIS+ when weighing less than 55 pounds including payload. 

Proposed operations of any other aircraft will require a new petition or a petition to 

amend this exemption.

2. Operations for the purpose of closed-set motion picture and television filming are 

permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. 

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or 

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times; 

electronic messaging or texting is not permitted during flight operations. The PIC 

must be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO.
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7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 

documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 

the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update 

or revision would affect the basis upon which the FAA granted this exemption, then 

the operator must petition for an amendment to its grant of exemption. The FAA’s 

UAS Integration Office (AFS−80) may be contacted if questions arise regarding 

updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g., replacement of a flight critical component, must undergo 

a functional test flight prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. If the 

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 

prohibited from operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer 

safety bulletins.
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13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 

government. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the 
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intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 

exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.

22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. 

These documents must be made available to the Administrator or any law enforcement 

official upon request.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

25. The UAS may not be operated by the PIC from any moving device or vehicle. 

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator must ensure 

that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects and the PIC has made a safety assessment of 

the risk of operating closer to those objects and determined that it does not 

present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

27. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.
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28. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported 

to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be 

reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov.

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.
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This exemption terminates on June 30, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
Mike Levin

Mike Levin Photography & Digital Imaging

2941 Susquehanna Rd.

Roslyn, PA. 19001

http://mklphoto.com

I, the (PIC) would like to be considered under the ‘new blanket COA’ for flights at or 

below 200 feet, within VLOS and safe separation from airports or heliports. Unmanned 

Aircraft System (UAS) usage for for aerial photography, real estate, architectural, 

engineering, construction industry sites, motion picture and television operations. I have 

been a photographer for over 30 years, am in good health and was recently published in 

Editor and Publisher regarding drones in Journalism. http://

www.editorandpublisher.com/Columns/Article/Editorial--Drone-Talk-is-Droning. I’ve 

recently attend a VTOL conference at the University of Maryland with the FAA’s Earl 

Lawrence. I am a member of the AMA, AUVSI, and Drone Journalism.org.

With regard to my initial Section 333 request. I will be using a KongCopter X8 small 

UAS, along with a 3Dr (3D Robotcs) Iris+ small UAS. Both units run the same software 

code as found in the already FAA approved 3Dr Iris+. I have been flying for three years 

without incident, and I keep a maintenance and flight log. I would use the X8 for 

situations where motor redundancy is paramount in terms of safety, and or extra 

payload of a slight larger camera.

In accordance with the statutory criteria provided in Section 333 of P.L. 112-95 in 

reference to 49 USC § 44704, and in consideration of the size, weight, speed, both 

aircraft meet the conditions of Section 333. 

The KongCopter is being custom built, with stronger more reliable components by 

DebonairUAS, a long time UAS Alabama based UAS manufacturing company. https://

debonairuastechnologies.wordpress.com/

The KongCopter test flight can be seen here. https://www.youtube.com/watch?v=0IiQAO7M2Y

-Manned aircraft conducting aerial photography operations can weigh thousands of 

pounds or more, are operated by an onboard pilot and may carry other onboard crew 

members, as well as carry large quantities of fuel. The petitioner’s unmanned aircraft 

(UA) weighs approximately 4 pounds. The pilot and crew will be remotely located from 

the aircraft. The limited weight and construction reduces the potential for harm to 

persons or damage to property in the event of an incident or accident. The risk to an 

onboard pilot and crew during an incident or accident is eliminated with the use of a 

UAS for the proposed operation.- Manned aircraft are at risk of fuel spillage and fire in 

the event of an incident or accident. The UA carries no fuel and therefore the risk of fire 

following an incident or accident due to fuel spillage is eliminated.

Both UAS have the capability to operate safely after experiencing certain in-flight 

contingencies or failures and uses an auto-pilot system to maintain UAS stability and 

control. Both UAS are also able to respond to a loss of global positioning system (GPS) 

or a lost-link event with a pre-coordinated, predictable, automated flight maneuver. 
These safety features

provide an equivalent level of safety compared to a manned aircraft holding a restricted 

airworthiness certificate performing a similar operation. Both UAS being under 5 lbs., 

will provide me with the ability to provide aerial vistas for my customers, without 

resorting to the high cost, high noise, passenger, crew, fuel explosion danger, and waste 

of fossil fuels, thereby providing public benefit with limited impact. Manned aircraft are at 

risk of fuel spillage and fire in the event of an incident or accident. Both UAS carries no 

fuel, and therefore the risk of fire following an incident or accident due to fuel spillage is 

eliminated.

Request relief from 14 CFR §§ 91.405(a) Maintenance required, 91.407(a)(1) Operation 

after maintenance, preventive maintenance, rebuilding, or alteration, 91.409(a)(2) 

Inspections, and 91.417(a) and (b) Maintenance records. Operating documents contain 

preflight and post flight checks for the UAS. Request relief from § 91.409(a)(1) because 

of alternate inspection requirements of § 91.409(a)(2). Operating documents, as should 

be sufficient to ensure that safety is not adversely affected. 

Requested relief from 14 CFR § 61.113(a) and (b), Private pilot privileges and 

limitations. I plan to operate in uncontrolled airspace and over private property with 

controlled access. Given: 1) the similar nature of the petitioner’s proposed operating 

environment to that of Astraeus, 2) the parallel nature of private pilot aeronautical 

knowledge requirements to those of commercial requirements as discussed in 

Exemption No. 11062, and 3) the limited airmanship skills necessary to operate the 

UAS, the FAA found that the additional manned airmanship experience of a 

commercially certificated pilot, would not correlate to the airmanship skills necessary for 

the petitioner’s specific proposed operations.

As the PIC, I will enroll in appropriate training for fixed wing aircraft, if required. I will 

operate the UAS in a manner consistent with and including evasive and emergency 

maneuvers while maintaining appropriate distances from people, vessels, vehicles, and 

structures. 

Request Relief from 14 CFR § 91.121 Both UAS uses information generated from GPS 

to transmit altitude information to the PIC. 

Requested relief from § 91.151(a) Fuel requirements.No fuel required. Similar UASspecific relief has been granted in Exemption Nos. 8811, 10808, and 10673 for daytime, 

VFR conditions. The petitioner proposes to land the UAS after 10 minutes in flight or 

prior to 30% battery power remaining. The operating documents indicate that the UAS 

will return to the launch point and land when the battery reaches 30% of capacity. I will 

contact ATC if at any time I am needing to operate within 5 NM of an airport, and will 

comply with all NOTAMs. I have studied to be an ATC in the past.

This serves as a summary which you may publish in the Federal Register.