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.com 

 

 
2 

I. Introduction and Summary Grant Request 

Petitioner Daniel Milstein Photography (“DMP”) respectfully submits this Petition for 

Exemption from regulations the FAA considers applicable to the civil operation of unmanned 

aircraft systems, and that the FAA considers necessary for an operator to be exempted from, in 

order to conduct operations concerning aerial photography, videography, and aerial data 

collection.1

 The benefits of these operations to the public are unquestionable, and safety is assured 

when they are conducted under the proposed procedures herein, and as granted by the FAA to 

other similarly situated exemption grantees. 

Petitioner is eligible for, and hereby requests, a summary grant of exemption, because 

this Petition asks for relief that is similar in all material respects 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 business since 2008. Its primary business is 

property photography for real estate marketing, with a heavy concentration on the luxury segment 

of the market. Its secondary work includes general commercial photography and videography for 

various uses such as golf course marketing. DMP’s owner, Daniel Milstein, has been operating an 

assortment of radio-control helicopters and multirotors for four years, for recreational purposes. 

DMP sometimes contracts with a licensed pilot of a Robinson R44 for commercial aerial 

photography and videography. 

 

1

 Petitioner takes no position with respect to which federal 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=82485 
3 

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 Interest 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 collection is in many instances 

more expensive, and more dangerous, than the operations proposed herein. Thus, the operations 

are of significant public benefit and, as set out herein, present at least an equivalent level of safety 

under 14 CFR part 11. 

IV. The Unmanned Aircraft Systems 

Petitioner intends to operate four UAS models in connection 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 other 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 approved 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 spectrum 

 
5 

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 spectrum 
6 

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 aerial 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 for the purposes indicated herein pursuant 

to its accompanying Flight Operations Manual which 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 testing 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 aircraft markings, to the 

extent such relief is necessary. Given the size of the UAS, its operation 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 “RESTRICTED” in lettering as large 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 Petitioner 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 61.101 concerning limitations on recreational 

pilot privileges, 14 CFR 61.113(a) and (b) concerning limitations on private pilot privileges, and 

14 CFR 61.315 concerning limitations on sport pilot privileges, together with an exemption from 

14 CFR 61.23(a) concerning medical certificates. The Flight Operations Manual establishes a 

level of safety exceeding that provided by a commercial pilot’s certificate in the operation of a 

passenger aircraft. The UAS’s intended to be operated do not carry any person and therefore 

present an equivalent or better level of safety compared to manned 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 private pilot certificate. With respect to medical 

certification, 14 CFR 61.23(a), Petitioner 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 territory, 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 visual line of sight of the operator, and other 

factors providing an equivalent level of safety, such an exemption is warranted. Moreover, 

because petitioner proposes that no airworthiness certificate be issued for the UASs to be operated 

under this exemption, § 91.7(a) is inapplicable. Therefore, in the alternative, 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 91.91(b)(2) concerning flight manuals and 

placard requirements. Because all persons involved in the operation will be on the ground, not on 

board the UAS, such an exemption is clearly warranted. Moreover, the FAA determined in an 

August 8, 2014 legal interpretation that keeping such documentation at the control station, as 

Petitioner intends to, meets the requirements under these regulations and therefore an exemption is 

not necessary. See Memorandum from Mark. W. Bury to John 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 the regulation concerning FAA-approved flight manuals (which do not 

exist). Petitioners’ pre-flight actions concerning UAS operations reflect that the pilot in command 

 

3

 Available at

https://www.faa.gov/about/office_org/headquarters_offices/agc/pol_adjudication/agc200/interpretations

/data/interps/2014/Duncan-AFS-1-2%20-%20%282014%29%20Legal%20Interpretation.pdf
11 

will “become familiar with all available information” concerning the proposed flight, and therefore 

present an equivalent or better level of safety. Given the size of the UAS, its operation within 

visual line of sight of the operator, and other factors, such an exemption is warranted. 

Alternatively, given that Petitioner 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 91.105 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 Flight Operations Manual providing an equivalent 

level of safety, or alternatively that an exemption is not necessary for 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 exemption or an acknowledgement that an exemption is not necessary. 

H. 14 CFR 91.109 

Petitioner seeks relief from 14 CFR 91.109 concerning flight instruction and dual 

controls. Petitioner will evaluate the qualifications of its PICs based on their experience and 

capabilities with the UAS to be operated. Moreover, as each PIC will have previously been 

 

4

 Available at 

https://www.faa.gov/uas/legislative_programs/section_333/how_to_file_a_petition/media/section333_p

ublic_guidance.pdf). 
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qualified by the FAA as a certificated recreational, sport, or private pilot, the operations proposed 

herein may be conducted without an exemption from § 91.109 being required. Thus, Petitioner 

requests either an exemption or confirmation that none is required. 

I. 14 CFR 91.119 

Petitioner seeks relief from 14 CFR 91.119 concerning minimum safe altitudes. 

Each UAS will be operated no higher than 400 feet above ground level, and, under the Flight 

Operations Manual, safe alternative landing locations will be selected in advance of each flight, in 

compliance with 14 CFR 91.119(a) which permits 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 indicating 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 never has the need to travel any 

significant distance to an alternate airport or landing area. 
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L. 14 CFR 91.203(a) and (b) 

Petitioner seeks relief from 14 CFR 91.203(a) and (b) concerning airworthiness 

certificates. Each of the UAS to be operated weighs 11 kilograms or less, and will be operated 

within visual line of sight, pursuant to the Flight Operations Manual, by a knowledgeable 

certificated operator. An exemption from airworthiness certification is warranted pursuant to 

Section 333 of FMRA in consideration 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 suggested maintenance procedures, and to conduct 

preflight and post-flight inspections 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 exemption is needed with respect to maintenance requirements arising 

from airworthiness certificates. 

N. Other Exemptions 

Petitioner requests relief from any other federal aviation regulation that the FAA 

deems applicable to and preclusive of the proposed UAS aerial photography and videography 

operations in the absence of such an exemption. 
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VIII. Request for Blanket COA 

Petitioner hereby requests a blanket, nationwide Certificate of Waiver or 

Authorization. The FAA has recently indicated that holders 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 summary is required. However, because this Petition 

is eligible for a summary grant, such publication is not needed: 

Petitioner Daniel Milstein Photography seeks 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 significant 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 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). 
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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 Photography 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