KL3 3036137.1 UNITED STATES DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION

__________________________________________ ) Petition for Exemption ) Pursuant to Pub. Law 112-95 § 333 ) and 14 CFR Part 11 ) concerning Unmanned Aircraft Systems ) used for aerial photography, videography ) and aerial data collection ) ) ) __________________________________________)

PETITION OF DANIEL MILSTEIN PHOTOGRAPHY FOR REGULATORY EXEMPTION
SUMMARY GRANT REQUESTED

Dated: July 9, 2015 Filed Electronically Please address all communications with respect to this Petition to:

Daniel Milstein Daniel Milstein Photography P.O. Box 362 Bedford Hills, NY 10507 Phone: (914) 907-3200 Email: daniel@milsteinphoto.com2 I. Introduction and Summary Grant Request

Petitioner Daniel Milstein P hotography (“DMP”) respectfully submits this Petition for Exemption from regulations the FAA considers a pplicable to the civ il operation of unmanned aircraft systems, and that the FAA considers nece ssary for an operator to be exempted from, in order to conduct operations concerning aeria l photography, videogra phy, and aerial data collection. 1 The benefits of these opera tions to the public are unquestiona ble, and safety is assured when they are conducted under the proposed proce dures herein, and as granted by the FAA to other similarly situated exemption grantees.
Petitioner is eligible for, and hereby requ ests, a summary grant of exemption, because this Petition asks for relief that is similar in all material respect s to relief that has been granted to other Section 333 petitioners. 2

II. The Identity and Interests of the Petitioner Petitioner DMP has been in the photography bus iness since 2008. Its primary business is property photography for real estate marketing, w ith a heavy concentration on the luxury segment of the market. Its secondary work includes ge neral commercial photography and videography for various uses such as golf course marketing. DMP’ s owner, Daniel Milstei n, has been operating an assortment of radio-control helicopters and multir otors for four years, for recreational purposes. DMP sometimes contracts with a licensed p ilot of a Robinson R44 for commercial aerial photography and videography.

1 Petitioner takes no position with respect to which fede ral aviation regulations legally apply to the proposed operations.

2 See FAA Summary Grants Speed UAS Exemptions, available at https://www.faa.gov/news/updates/?newsId=824853 The name and address of the Petitioner is:
Daniel Milstein Photography P.O. Box 362 Bedford Hills, NY 10507 Phone: (914) 907-3200

Email: daniel@milsteinphoto.com III. DMP’s Request Would be in the Public In terest and Benefit the Public as a Whole The benefit to the public interest of DMP’ s request has been established. The use of manned aircraft for aerial photography, videography and data co llection is in many instances more expensive, and more dangerous, than the op erations proposed herein . Thus, the operations are of significant public benefit and, as set out herein, pres ent at least an equiva lent level of safety under 14 CFR part 11.

IV. The Unmanned Aircraft Systems Petitioner intends to operat e four UAS models in conne ction with the operations proposed herein, at or below 400 feet above ground level:

 DJI S900

 DJI S1000

 DJI Inspire 1

 TBS Discovery Pro Each of these UAS is built and maintained for DMP by Aerial Visions, Inc. of Brewster, NY. The technician at Aerial Visions has been building and operating all types of radio controlled model aircraft for over 20 years.4 The following is a summary of the technical specifications and ot her considerations of each UAS. Additional documentation from each manufacturer is being submitted together with this Petition.

A. DJI S900

The DJI S900 has previously been approve d by the FAA many times in connection with Section 333 commercial UAS exemptions. See, e.g ., Exemption Nos. 11865 (June 23, 2015), 11473 (May 1, 2015).
Aircraft Type : Multi-rotor (hexacopter) Manufacturer : DJI Construction : Carbon fiber, plastic, aluminum Aircraft Empty Weight : 1185g Takeoff Weight: 4.7-8.2 Kg Propulsion : Electric – four two blade propellers Flight Controller : DJI A2 Power : 6S, 16000mAh lithium polymer flight batteries Onboard electronics : Manual control system RX, flight control system Launch Type : VTOL Landing Type : VTOL Flight Controller : DJI A2 Radio Control : Futaba 14SG on 2.4 GHz digital spread spectrum5 B. DJI S1000

The DJI S1000 has previously been approved by the FAA many times in connection with Section 333 commercial UAS exemptions. See, e.g ., Exemption Nos. 11970 (July 1, 2015), 11960 (June 30, 2015).
Aircraft Type : Multi-rotor (octocopter) Manufacturer : DJI Construction : Carbon fiber, plastic, aluminum Aircraft Empty Weight : 1330g Takeoff Weight: 6-11Kg Flight Controller : DJI A2 Propulsion : Electric – four two blade propellers Power : 6S, 10000mAh-20000mAh lithium polymer flight batteries Onboard electronics : Manual control system RX, flight control system Launch Type : VTOL Landing Type : VTOL Flight Controller : DJI A2 Radio Control : Futaba 14SG on 2.4 GHz digital spread spectrum6 C. DJI Inspire 1

The DJI Inspire 1 has been approved by the FAA many times in connection with Section 333 exemptions for aerial photography and videography. See, e.g ., Exemption Grant Nos. 11279 (April 1, 2015), 11974 (July 1, 2015).
Aircraft Type : Multi-rotor, Inspire 1 Manufacturer : DJI Construction : Carbon fiber, plastic, aluminum Aircraft Empty Weight : 3.3 lbs. Aircraft RTF AUW : 4.5 – 5.5 lbs. Propulsion : Electric – four two blade propellers Power : 5.4AH lithium polymer flight batteries Onboard electronics : Manual control system RX, flight control system Optics : (1) still imager, up to (1) video, 2.4/5.8Ghz Lightbridge. Launch Type : VTOL Landing Type : VTOL Launch Speed : 15 mph vertical Speed Evelope : 15-35 mph Cruise Speed : 0-25 mph Landing Speed : 0 mph Stall : N/A VNE : N/A Duration : 15 minutes (typical) Radio Frequency Spectrum: The Inspire 1 utilizes FCC-approved command-andcontrol and video systems operating on the 5.8 GHz and 2.4 GHz bands.7 D. TBS Discovery Pro

The TBS Discovery Pro has been approved by the FAA several times in connection with Section 333 exemptions for aeria l photography and videography. See, e.g ., Exemption Grant Nos. 11416 (April 22, 2015), 11066A (Feb. 2, 2015).
Aircraft Type : Asymmetric spider quadrotor Manufacturer : TBS Avionics Construction : Reinforced black fiberglass, plastic Aircraft RTF AUW : 1500-2000g Propulsion : Electric – four two blade propellers Flight Controller: DJI Naza-M v2 Power : 14.8V 3300 to 4500 mAh lithium polymer Onboard electronics : Manual control system RX, flight control system Launch Type : VTOL Landing Type : VTOL Duration : 8 to 13 minutes (typical) Radio Control: Futaba 8FG on 2.4 GHz digital spread spectrum

V. Flight Safety Operations and Procedures Petitioner proposes to operate each UAS fo r the purposes indicated herein pursuant to its accompanying Flight Operations Manual wh ich sets out a procedure for the safe and responsible operation of UAS.

VI. Summary of Exemptions Sought DMP seeks exemption from the following regulations, to the extent the FAA deems them applicable to the operation of civil UAS for the indicated purposes:8 14 CFR Part 21 14 CFR Part 36 14 CFR 45.23(b) 14 CFR 61.3 14 CFR 61.23(a) and (c) 14 CFR 61.101 14 CFR 61.113 (a) & (b) 14 CFR 61.315 14 CFR. 91.7 (a) 14 CFR 91.9 (b) (2) 14 CFR 91.103 14 CFR 91.105 14 CFR 91.109 14 CFR 91.119 14 CFR 91.121 14 CFR 91.151 (a) 14 CFR 91.203 (a) & (b) 14 CFR 91.405 (a) 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a) (2); and 14 CPR 91.417 (a) & (b)

VII. The Specific Exemptions Sought and Reasons A. 14 CFR Part 21 and 14 CFR Part 36 Petitioner seeks relief from 14 CFR part 21 concerning airworthiness certificates, as well as any associated noise test ing requirements of part 36, with respect to the UAS identified in Section IV. As set out herein, the size, weight, speed, operational capability, visual line-of-sight operation, and intended operating area of these UAS meet the conditions of FMRA Section 333. Moreover, the proposed operations, conducted pursuant to the Flight Operations Manual, present an equivalent level of safety or better. An exemption ought to be granted or, in the alternative, a finding made that relief from parts 21 and 36 are not necessary for Petitioner’s intended operation. ( See, e.g. , Grant of Exemption No. 11282, Docket. No. FAA-2014-0977 (April 6, 2015), finding that such an exemption is “not necessary.”)9 B. 14 CFR 45.23(b) Petitioner seeks relief from 14 CFR 45.23(b) concerning ai rcraft markings, to the extent such relief is necessary. Given the size of the UAS, its operati on within visual line of sight of the operator, and other factors, such an exemption is warranted. Petitioner will, if required, mark each UAS with the word “R ESTRICTED” in lettering as larg e as practicable. However, Petitioner notes that because its UAS’s will not be certificated under § 21.185, such marking is not actually required, and therefore Pe titioner alternatively requests a finding confirming same.

C. 14 CFR 61.23(a) & (c), 14 CFR 61.101, 14 CFR 61.113 (a) & (b), and 14 CFR 61.315 Petitioner seeks relief from 14 CFR 6 1.101 concerning limitations on recreational pilot privileges, 14 CFR 61.113(a) and (b) concerni ng limitations on private pilot privileges, and 14 CFR 61.315 concerning limitations on sport pilot pr ivileges, together with an exemption from 14 CFR 61.23(a) concerning medical certificates. The Flight Op erations Manual establishes a level of safety exceeding that provided by a comm ercial pilot’s certificat e in the operation of a passenger aircraft. The UAS’s intended to be operated do not carry a ny person and therefore present an equivalent or better le vel of safety compared to manne d aircraft operations. Petitioner understands that the FAA imposes as a condition of an exemption that the UAS pilot in command hold either a recreational, sport pilot or privat e pilot certificate. With respect to medical certification, 14 CFR 61.23(a), Pe titioner understands that the FAA requires the UAS PIC to hold either 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 territ ory, a possession, or the Federal government.10 D. 14 CFR 91.7(a) Petitioner seeks relief from 14 CFR 91.7(a) concerning civil aircraft airworthiness. Given the size of the UAS, its operation within vi sual line of sight of the operator, and other factors providing an equivalent level of safety, such an exem ption is warranted. Moreover, because petitioner proposes that no airworthiness cer tificate be issued for the UASs to be operated under this exemption, § 91.7(a) is inapplicable. Ther efore, in the alternativ e, Petitioner requests a determination that an exemption from § 91.7(a) is not necessary.

E. 14 CFR 91.9(b)(2) Petitioner seeks relief from 14 CFR 9 1.91(b)(2) concerning flight manuals and placard requirements. Because all persons involv ed in the operation will be on the ground, not on board the UAS, such an exemption is clearly wa rranted. Moreover, the FAA determined in an August 8, 2014 legal interpretation that keeping such documentati on at the control station, as Petitioner intends to, meets the re quirements under these regulations and therefore an exemption is not necessary. See Memorandum from Mark. W. Bury to Jo hn Duncan, “Interpretation regarding whether certain required documents may be kept at an unmanned aircraft's control station” (August 8, 2014). 3

F. 14 CFR 91.103 Petitioner seeks relief from 14 CFR 91.103 concerning preflight action, and particularly that portion of th e regulation concerning FAA-approve d flight manuals (which do not exist). Petitioners’ pre-flight actions concerning UAS operations re flect that the pilot in command

3 A vailable at https://www.faa.gov/about/office_org/headquarters_o ffices/agc/pol_adjudication/agc200/interpretations /data/interps/2014/Duncan-AFS-1-2%20-% 20%282014%29%20Legal%20Interpretation.pdf11 will “become familiar with all avai lable information” concerning the proposed flight, and therefore present an equivalent or better le vel of safety. Given the size of the UAS, its operation within visual line of sight of the ope rator, and other factors, such an exemption is warranted. Alternatively, given that Petiti oner will account for all relevant site-specific conditions in its preflight procedures, Petitioner asks for a finding that an exemption from § 91.103 is not necessary for the intended operation.

G. 14 CFR 91.105 Petitioner seeks relief from 14 CFR 9 1.105 concerning “Flight crewmembers at stations” and seat belt/harness fastening. Because there is no crew on board the UAS, and persons involved in the operations will be present at the UAS ground station, Petitioner believes that such an exemption is warranted due to Petitioner’s F light Operations Manual providing an equivalent level of safety, or alternatively that an exem ption is not necessary fo r the operation. Although it does not appear that the FAA has addressed § 91.105 in various Section 333 UAS exemptions granted to date, we note that § 91.105 is listed in the FAA’s Public Guidance document as a regulation from which an exemption may be required (Rev. 9/25/2014 at page 7). 4 Petitioner therefore requests either an exem ption or an acknowledgement that an exemption is not necessary.

H. 14 CFR 91.109 Petitioner seeks relief fr om 14 CFR 91.109 concerning f light instruction and dual controls. Petitioner will evaluate the qualificatio ns of its PICs based on their experience and capabilities with the UAS to be operated. More over, as each PIC will have previously been

4 Available at https://www.faa.gov/uas/legislative_programs/s ection_333/how_to_file_a_petition/media/section333_p ublic_guidance.pdf ).12 qualified by the FAA as a certificated recreational, sport, or privat e pilot, the operations proposed herein may be conducted without an exemption from § 91.109 being required. Thus, Petitioner requests either an exemption or c onfirmation that none is required.

I. 14 CFR 91.119 Petitioner seeks relief from 14 CFR 9 1.119 concerning minimum safe altitudes. Each UAS will be operated no higher than 400 feet above ground level, and, under the Flight Operations Manual, safe alternativ e landing locations will be selected in advance of each flight, in compliance with 14 CFR 91.119(a) which pe rmits operations “[a]nywhere.”

J. 14 CFR 91.121 Petitioner seeks relief from 14 CFR 91.121 concerning altimeter settings. Petitioner's UAS will utilize a GPS altitude read-out, set to zero at the ground elevation of the departure location, thus indicati ng to the operator the operational altitude in feet above ground level. This approach will provide an equivalent level of safety.

K. 14 CFR 91.151 Petitioner seeks relief from 14 CFR 91.151 concerning fuel requirements. Petitioner will land the UAS when the battery is at or above 30% capacity. An equivalent level of safety is achieved, in particular because each UAS is operated within visual line of sight, can be landed within moments of a low- battery condition, and the UAS neve r has the need to travel any significant distance to an alte rnate airport or landing area.13 L. 14 CFR 91.203(a) and (b) Petitioner seeks relief from 14 CFR 9 1.203(a) and (b) concerning airworthiness certificates. Each of the UAS to be operated we ighs 11 kilograms or less, and will be operated within visual line of sight, pursuant to the Flight Opera tions Manual, by a knowledgeable certificated operator. An exemption from airw orthiness certification is warranted pursuant to Section 333 of FMRA in considera tion of the weight, size, speed, and operational capabilities of the Petitioner's UAS.

M. 14 CFR 91.405(a) 14 CFR 91.407 (a) (1) 14 CFR 91.409 (a) (2); and 14 CPR 91.417 (a) & (b) Petitioner seeks relief from 14 CFR 91.405(a), 91.407(a)(1), 91.409(a)(2), and 91.417 (a) and (b), concerning maintenance inspections. Petitioner proposes to maintain each UAS in accordance with the manufacturer's sugge sted maintenance procedures, and to conduct preflight and post-flight inspecti ons in accordance with the Flight Operations Manual for each operation. This approach provides an equivalent level of safety with respect to the operational condition of the UAS. Moreover, the UAS are not contemplated to have an airworthiness certificate, and therefore no exemp tion is needed with respect to maintenance requirements arising from airworthiness certificates.

N. Other Exemptions Petitioner requests relief from any other federal aviation regu lation that the FAA deems applicable to and preclusive of the proposed UAS aerial photography and videography operations in the absence of such an exemption.14 VIII. Request for Blanket COA Petitioner hereby requests a blanket, nationwide Certificate of Waiver or Authorization. The FAA has recen tly indicated that hol ders of UAS exemptions under Section 333 are now granted a “blanket” COA for any operation up to 200 feet AGL. See March 20, 2015 Memorandum from Elizabeth L. Ray to Terry Biggio, “Small Unmanned Aircraft Systems Operations in the National Airspace System.”

IX. A Summary That Can Be Published In The Federal Register: The following is a summary that may be included in the Federal Register, should the FAA determine that publication of such a summa ry is required. However, because this Petition is eligible for a summary grant, such publication is not needed:
Petitioner Daniel Milstein Photography s eeks an exemption pursuant to Pub. L. 95-112 Section 333 and part 11 for the operation of unmanned aircraft systems for purposes of aerial photography, videography and aerial data collection. The benefit to the public interest of such an exemption is established. The use of manned aircraft is in many instances more expensive, and more dangerous , than the operations proposed herein. Thus, the operations are of si gnificant public benefit. Petitioner’s operations will be conducted at or below 400 feet above ground level, within the visual line of sight of the operator, who will be a certificated airman with a sport, recreational or private pilot’s certificate, and pursuant to a detailed Flight Operations Manual. Petitioner seeks exemption from 14 CFR Part 21, 14 CFR Part 36, 14 CFR 45.23(b), 14 CFR 61.3, 14 CFR 61.23(a) & (c), 14 CFR 61.101, 14 CFR 61.113 (a) & (b), 14 CFR 61.315, 14 CFR. 91.7 (a), 14 CFR 91.9 (b) (2), 14 CFR 91.103, 14 CFR 91.105, 14 CFR 91.109, 14 CFR 91.119, 14 CFR 91.121, 14 CF R 91.151 (a), 14 CFR 91.203 (a) & (b), 14 CFR 91.405 (a), 14 CFR 91.407 (a ) (1), 14 CFR 91.409 (a) (2 ).; and 14 CPR 91.417 (a) & (b).15 Dated: July 9, 2015
Respectfully submitted,

Brendan M. Schulman Kramer Levin Naftalis & Frankel LLP 1177 Avenue of the Americas New York, NY 10036 Tel. (212) 715-9247 Fax (212) 715-8220 BSchulman@KramerLevin.com Counsel for Petitioner
Enclosures (filed electronically):
1. Daniel Milstein Photogra phy Flight Operations Manual 2. DJI S900 User Manual 3. DJI S1000 User Manual 4. DJI Inspire 1 User Manual, Maintenance Manual, and Battery Safety Information 5. TBS Discovery Pro User Manual 6. Futaba 14SG User Manual 7. Futaba 8FG User Manual