June 12, 2015

David Milkovich

30 Nelson Road

Vestal, NY 13850

Cell 607-761-4977

Email: david.j.milkovich@gmail.com

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE 

Washington, DC 20590

Exemption Request Section 333 of the FAA Reform Act of 2012 

References:

1) FAA Exemption No. 11138, Regulatory Docket No. 

FAA20140481 in the matter of the petition of DOUGLAS TRUDEAU

2) FAA Exemption No. 11136, Regulatory Docket No. FAA–2014–

0508 in the matter of the petition of ADVANCED AVIATION 

SOLUTIONS LLC 3) FAA Exemption No. 11080 Regulatory Docket 

No. FAA20140355 in the matter of the petition of FLYING CAM INC

Dear FAA,

In accordance with the FAA’s Guidelines for Submitting a Petition for 

Exemption under section 333 of the FAA Modernization and Reform Act 

of 2012, I, David Milkovich, request exemption from the following sections of 

Title 14, Code of Federal Regulations §§

91.119(c). 91.121. 91.151(a). 91.405(a).

91.407(a)(1). 91.409

(a)(1). 91.409(a)(2). 91.417(a) & (b).

This is in order to operate small unmanned aircraft systems (UAS) commercially 

in airspace regulated by the Federal Aviation Administration (FAA) for the 

purposes of aerial photography, real estate marketing, surveys and other flight 

operations that could be performed safely and more cost effectively with the use 

of small UAS at low altitude within the U.S. national airspace system as 

compared to a manned aircraft. Operations will be performed only at the request 
of and with the authorization and permission of clients or their authorized agents 

in order to facilitate commerce and raise awareness of the beneficial uses of 

small unmanned air systems. So long as such operations are conducted within 

and under the conditions outlined herein or as may be established by the FAA as 

required by Section 333. The conditions identified and proposed by David 

Milkovich are drawn from references 13.

The FARs

91. 119(c) As discussed in Exemption 11138 (DOUGLAS TRUDEAU), 

operations conducted closer than 500 feet to the ground may require that the 

UA be operated closer than 500 feet to essential persons, or objects that would 

not be possible without additional relief. The petitioner requests modification, 

waiver or exemption and clarification concerning the terms “congested areas” 

and “densely populated”. I, David Milkovich, request waiver for this condition to 

allow reasonable and responsible operations with safety as my main concern in 

areas of subdivisions and neighborhoods if required.

91.121 As discussed in Exemption 11138 (DOUGLAS TRUDEAU) is 

inapplicable since the UAS does not have an altimeter and instead utilizes 

electronic GPS with a barometric sensor for altitude information.

91.151(a) As discussed in Exemption 11136 (ADVANCED AVIATION

SOLUTIONS LLC) prior relief has been granted for manned aircraft to operate at 

less than the prescribed minimums, including Exemption Nos. 2689, 5745, and 

10650. In addition, similar UAS specific relief has been granted in Exemption 

Nos. 8811, 10808, and 10673 for daytime, VFR conditions. The UAS provides 

battery power remaining in percent to the PIC. The UA batteries provide 

approximately 25 minutes of powered flight. Information provided in the 

operating documents discusses procedures regarding remaining battery power 

management. Those documents contain a condition in which the PIC will initiate 

a landing procedure when battery remaining reaches a specified level. Given the 

limitations on proposed operations and the location of those proposed 

operations, The FAA found that a reduced minimum power reserve for flight in 

daytime VFR conditions was reasonable.

91.405(a). 91.407(a)(1). 91.409 (a)(1) & (2). 91.417(a) & (b) As 

discussed in Exemption 11138 (DOUGLAS TRUDEAU), I, David Milkovich, 

propose to inspect and ensure that the UAS is in a condition for safe flight in 

accordance with the operating documents. The FAA found that adherence to the 

petitioner’s operating documents and the conditions and limitations specified, 
describing the requirements for maintenance, inspection, and recordkeeping, 

were sufficient to ensure that safety would not be adversely affected.

The UAS(s)

The Quanum Nova and Skywalker X8 are highly successful consumer grade 

small UASs in the quadcopter and fixed-wing configurations. With an advertised 

weight of less than 36 ounces (1002g) and designed primarily to carry aloft a 

high definition camera, the Quanum Nova has an advertised maximum speed of 

less than 30 knots (15m/s) and a maximum climb rate of less than 1200 feet per 

minute (6 m/s). It is powered by four electric motors with a distance between 

motors of less than 14 inches (350mm). With a fully configured weight of 

approximately 110 ounces and designed primarily to carry aloft a high definition 

camera, the Skywalker X8 has an estimated maximum speed of less than 65 

knots (33m/s) and a maximum climb rate of less than 1200 feet per minute (6 

m/s). It is powered by one electric motor. Both aircraft utilize an internal inertial 

measuring unit (IMU) with integrated barometric sensor augmented with global 

positioning system (GPS) to maintain their geospatial orientation and position. 

Both are controlled primarily through an FCC certified radio control (RC) unit. 

Real time video and telemetry information is transmitted back to a ground 

control station allowing the operator and/or PIC to monitor battery level, GPS 

signal strength, altitude (AGL), distance from PIC, camera imagery, and control 

camera angle. Both have fail safe modes of operation for either loss of RC or 

GPS signal. Altitude can be limited by the onboard flight controller and maximum 

altitude can be preprogrammed by the PIC. Battery life limits flight times to 

approximately 20 minutes for both aircraft. The onboard flight controller will 

warn the pilot via telemetry and external lighting cues before reaching a low 

battery state. An automatic termination of flight and landing will be initiated 

when the battery reaches a predetermined low state. It is anticipated that flights 

will usually last less than 15 minutes.

Risk mitigation

I, David Milkovich, have reviewed FAA exemptions reference’s 13 Conditions 

and Limitations section and believe that the procedures specified therein are 

reasonable and will be utilized in order to manage and mitigate risk and ensure 

public safety.

A preflight checklist will be developed and employed to ensure that the UAS’s 

airworthiness will be verified before launch. Airworthiness will be maintained by 

performance of routine inspections before each flight, maintaining flight and 

maintenance logs to record time on failure prone components.

I, David Milkovich, request that in a manner similar to reference 3, be 

allowed to operate within 5 miles of an airport provided that.
“The UA may not operate in Class B, C, or D airspace without written 

approval from the FAA. The UA may not operate within 5 nautical 

miles of the geographic center of a non-towered airport as denoted on 

a current FAA published aeronautical chart unless a letter of

agreement with that airport’s management is obtained, and the 

operation is conducted in accordance with a NOTAM as required by the 

operator’s COA. The letter of agreement with the airport management 

must be made available to the Administrator upon request.”

Operations within 5 miles of an airport are not anticipated to be routine but I am 

requesting a mechanism to facilitate such activities without requesting a new 

and separate exemption(s) should the need arise. Operations within class B 

airspace are not requested due to the lack of mode C transponder.

Public interest

Use of the UAS in lieu of a manned aircraft would enhance safety and reduce the 

environmental impact as compared to similar operations conducted with manned 

aircraft of greater proportions, carrying a crew and flammable fuel.

In regards to aerial photography, real estate marketing, surveys and other flight 

operations, the UAS will minimize the risk to persons attempting to climb these 

structures and photograph problem areas. It will provide a way for companies to 

have their staffs review photographs and provide additional safety to the general 

public in regards to identifying issues not visible from the ground such as 

chimney and roof inspections. The UAS(s) can reach such structures to make an 

assessment easier and safer.

I, David Milkovich, will also make the UAS and myself available to local 

volunteer organizations (for no charge) such as fire departments, local law 

enforcement, etc., to perform search and rescue operations, or other similar

events as directed by authorities.

In addition the use of the UAS in order to facilitate commerce could lead to 

economic growth. Operations for this petition will enable service for property 

owners or their designees seeking an enhanced perspective for characteristics, 

amenities, and benefits of their desired photographic subjects that cannot be 

displayed through ground level photography. Aerial photography is a valuable 

marketing tool that can lead to increased commerce and enhance my personal 

photography. A visual observer will be utilized at all times that the UAS is 

performing duties for compensation.
Flight data including UAS flight time, Control Unit operation time, incident, and 

details will be recorded for each flight and made available to the FAA at any time 

needed. Any deviations from normal operations will also be recorded and made 

available to FAA.

Conclusion

I, David Milkovich am requesting this exemption for the purposes of aerial 

photography, real estate marketing, surveys and other flight operations, and 

other flight operations. The reason for such a general and broad based request 

is that I, David Milkovich, intend to employ a business strategy in order to 

capitalize on opportunities as they may arise in the future without the long 

turnaround time associated with additional exemptions. My business model is 

based on the idea of offering small UAS services to individuals or companies who 

wish to employ these services as a safe, effective, and legal option to enhance 

their business or prevent structural failures that may influence the general public 

or individuals. My own research shows an upward demand for these services 

that currently exists in the real estate market, natural gas markets, and other 

markets are just beginning to realize the need for such services.

As an employee of Lockheed Martin Aviation & Unmanned Systems for 14 years, 

I am acutely aware of the responsibilities of safe Group 1 UAS operations. I 

have flown Radio Controlled Aircraft for nearly 20 years. I am familiar with 

aircraft preflight checks and procedures. I have approximately 250 total hours 

of flight between the two UAS(s) listed on this request.

Thank you for your consideration.

David Milkovich