February 10, 2016

 Exemption No. 11590A

 Regulatory Docket No. FAA–2015–0460

Mr. Simon Feldman

President

Simon Feldman Studio, Inc.

375 Farragut Avenue

Hastings-on-Hudson, NY 10706

Dear Mr. Feldman:

This letter is to inform you that we have granted your petition for an amendment. It explains 

the basis for our decision, describes its effect, and lists any changes to the original conditions 

and limitations.

By letter posted to the public docket on May 20, 2015, you petitioned the Federal Aviation 

Administration (FAA) on behalf of Simon Feldman Studio, Inc. (hereinafter petitioner or 

operator) for an amendment to your current exemption. That exemption from §§ 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) of Title 14, Code of 

Federal Regulations (14 CFR) allows the petitioner to operate a UAS to perform aerial data 

collection. You requested an amendment to add the DJI Phantom 2, DJI Phantom 3, and 

DJI Spreading Wings S1000, and closed-set motion picture and television filming. 1 You also 

requested to be exempt from conditions and limitations 15 and 25.2

In your petition, you indicate that there has been no change in the conditions and reasons 

relative to public interest and safety that were the basis for granting the original exemption.

 

1 You requested relief from the statutory requirement to hold an airman’s certificate. The FAA does not possess 

the authority to exempt the petitioner from the statutory requirement to hold an airman certificate as prescribed 

in 49 USC § 44711. In Exemption No. 11213 issued to Aeryon Labs, the FAA has determined that operations 

can safely be conducted under this exemption by a PIC holding an airline transport, commercial, private, 

recreational, or sport pilot certificate.

2 You requested no restrictions with regard to conducting night operations and to remain clear and give way to 

all manned aviation operations and activities at all times. At this time, the FAA is unable to authorize these 

requests until a further assessment is completed. When the FAA completes its review, we will proceed 

accordingly and no further action will be required by the petitioner.
2

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

in the Federal Register because the requested amendment to the exemption would not set a 

precedent, and any delay in acting on this petition would be detrimental to the petitioner. The 

unmanned aircraft authorized in the original grant are comparable in type, size, weight, speed 

and operating capabilities to those in this petition.

Airworthiness Certification

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 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.

Our Decision

The FAA has determined that the justification for the issuance of Exemption No. 11590

remains valid and is in the public interest. Therefore, under the authority contained 

in 49 U.S.C. 106(f), 40113, and 44701, delegated to me by the Administrator, the operator is 

granted an amendment to add new aircraft and closed-set motion picture and television 

filming to its UAS operations.

The operator shall add this amendment to its original exemption.

 

Conditions and Limitations

All conditions and limitations within Grant of Exemption No. 11590 remain in effect except 

as follows. Condition No. 1 has been updated to reflect the additional aircraft, and Condition 

No. 2 has been updated to permit closed-set motion picture and television filming. 

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 DJI Phantom and 

DJI Inspire 1, DJI Phantom 2, DJI Phantom 3, and DJI Spreading Wings S1000 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

This exemption terminates on May 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosure