Aerial O ptics Medi a Owner : Rick Jahsha n 4125 Duquesne Ave. # 4 Culver City, CA 9023 2 310

- 437

- 978 1 rickjahshan@aerialopticsmedia.com rick_jahshan@yahoo.com
Federal Aviation Administratio n U.S. Department of Transportation 1200 New Jersey Avenue, SE., Washington, DC 20590

Nov 4 th

. 201 5 Re: Exemption request pursuant to Section 333 of the FAA Reform Act and Part 11 o f the Federa l Aviation Regulations from: 14 CFR 21 subpart H; 14 CFR 45.23(b); 14 CFR 61.113(a) and (b); 14 CF R 91.7(a); 14 CFR 91.9(b)(2); 14 CFR 91.109; 14 CFR 91.119(C); 14 CFR 91.121; 14 CFR 91.151(a); 14 CF R 91.203(a) and (b); 14 CFR 91.405(a); 14 CFR 91.407(a)(1); 14 CFR 91.409(a)(1) and (2); 14 CFR 91.417(a )
Dear Sir or Madam : Pursuant to Section 333 of the Federal Aviation Administration (FAA) Modernization and Reform Act o f 2012 (the “Reform Act”) and 14 CFR Part 11, Rick Jahshan , owner of Aeria l optics media which owns and operates an Unmanned Aircraft System (UAS), hereby applies for an exemption from the listed Federal Aviation Regulations (FARs) to allow commercial operation of its UAS, so long as such operations are conducted within and unde r the conditions outlined herein or as may be established by the FAA as required by Section 333

. Commercial operation of an UAS, as described herein, which are equipped with camera(s) and sensors , would operate in the following manner :

- Aerial photography and/or video for public and/or private use including real estate , architecture, surveying, engineering and other related professional activities

.

- Aerial video and/or photography for public and/or private use including television, publi c events, private events, cinematography and news gathering

.

- Aerial inspection/photography of residential/commercial structures under contract with th e owners or local government authority

.

- Aerial inspection/photography or residential/commercial utility infrastructure i ncluding but no t limited to electrical power lines, wind turbines and cell towers

.

- Aerial video/photography or providing live video feed to assist with search and rescu e operations in cases of emergency or natural disaster only when the local authoriti es o r government has requested it by contract or donation

. Aerial Optics media will operate one DJI Inspire 1 (4) blade quad copter s weighing 6 pounds, 7.5 ounces

. The UAS has a maximum airspeed of 40 miles per hour and uses a remote cont roller operatin g on frequency range of 2.400

- 2.483 GHZ. The Inspire 1 is equipped with built

- in ground suppor t technology that allows it to fly utilizing global positioning system (GPS) for stability, tracking, safe fligh t mode and a return

- to

- home feature in the event of loss of remote control signal or critical low battery

. All flights start with a pre

- flight safety check and all flight data are recorded. The Inspire 1 is equippe d with a gimbal mounted camera that sends a live video signal to the controll er allowing the person i ncontrol (PIC) to monitor real

- time video. Flight data, speed height, distance, battery level and genera l aircraft conditions are also displayed during operation. The Inspire 1 battery has a flight time of 15

- 2 0 minutes and is, the refore, always returned to original takeoff point and always flown utilizing visual lin e of sight (VLOS). ( Any addition al UAS will be reported to the administrator)

. Our request for exemption would allow us to offer uniqu e and affordable aerial photography and videography services to our clientele without the use of expensive , noisy helicopters and aircraft. UAS Safety Operating Parameter s : We will abide by the following additional operating conditions under this exemption, which ensures a level of safety dur ing UAS flight including operating the UAS below 400 feed and within a radius of 1,00 0 feet from PIC always maintaining VLOS and obtaining permission from the owner/controller of an y vessels, vehicles and structures when operations may be conducted closer than 500 feet to any suc h vessels, vehicles or structures. We will conduct a safety assessment of the risk of operating closer t o those objects and determine that it does not present an undue hazard. Other safety operatin g parameters include :

- Operate the UAS for 15

- 20 minutes per flight

.

- Land UAS prior to the manufacturers recommended minimum level of battery power

.

- Operate the UAS during daylight hours only within VLOS

.

- Utilize the UAS’ GPS flight safety feature whereby it hovers and then slowly la nds i f communication with the PIC is lost or battery becomes critically low

.

- Always obtain all necessary permissions prior to operation

.

- Have procedures in place to abort flights in the event of safety breaches or potential danger

.

- Review weather rep orts prior to flight and never operate UAS in unsafe conditions, high wind , low clouds or conditions that hinder visibility

.

- Only operate in safe environments that are strictly controlled, are away from power lines , elevated lights, airports and densely populated areas

.

- Also conduct extensive preflight inspections and protocols during which safety carries primar y importance

. The PIC will also have a minimum of five hours logged on this craft and 20 hours minimum flying UA S quad copters under varying c onditions and environments , and will follow all safety protocol s, as well as guidelines of 14 CFR §61.51(b) having the ability to safely operate the UAS in a manne r
. Rick J ahshan is also experienced in flying remote controlled fixed wing planes which require a higher deg ree of skill than quad copters. Specific Exemptions Requeste d : Given the size, weight, speed and limited operating area associated with the UAS, we feel an exemptio n from 14 CFR Part 21, Subpart H (Airworthiness Certificates) and 14 CFR 91.203(a) and (b) (certification s required), subject to certain conditions and limitations, is warranted and meets the requirements for a n equivalent level of safety under 14 CFR Part 11 and Section 333 of P.L. 112

- 95 (Section 333)

. We request an exemptio n from 14 CFR 45.23 Marking of the Aircraft because the UAS will not have a cabin, cockpit or pilot station on which to mark certain words or phrases. Further, the two

- inch letterin g is difficult to place on such a small aircraft with dimensions smaller th an the minimal letterin g requirement. Regardless of this, we can mark the UAS in the largest possible lettering by placing th e word “Experimental” on its fuselage as required by 14 CFR 45.29(f) so that anyone will see the markings

. We request an exemption from 14 CFR 61.113(a) and (b) Private Pilot Privileges and Limitations: Pilot i nCommand. The applicant’s UAS do not carry any pilots or passengers nor property. The Risks attendan t to the operation of the UAS is far less than the risk levels inherent in t he commercial activities outline d in 14 CFR §61. The operation and limitations in the flight operation manual (FOM) will equate to the saf e operations of the UAS

. We request an exemption from 14 CFR 91.7(a) which prohibits the operation of an aircraft with out a n airworthiness certificate, since there is currently no certificate applicable to our operation, thi s regulation is inapplicable. We request an exemption from 14 CFR 91.405(a), 14 CFR 91.407(a)(1), 14 CF R 91.409(a)2) and 14 CFR 91.417(a) and (b) Main tenance inspections since they only apply to aircraft wit h an airworthiness certificate. However, as a safety precaution, we will perform a preflight inspection o f the UAS before each flight as outlined in the attached operating documents

. We request an ex emption from 14 CFR 91.9(b)(2) which requires an aircraft FOM in the aircraft , however, since there are no pilots or passengers on board the aircraft, and given its size, this regulatio n is inapplicable. We believe an equivalent level of safety will be ach ieved by maintaining a safety/fligh t manual with the UAS ground station

. We request an exemption from 14 CFR 91.109 Flight Instruction: Simulated Instrument Flight an d Certain Flight Tests. The regulation states that “no person may operate a civil aircraft that is being use d for flight instruction unless that aircraft has fully functioning dual controls. Although the DJI Inspire 1 i s capable of dual/linked controls, we will be operating with a single remote controller

. We request an exemption from 14 CFR 91.119(c) which prescribes safe altitudes for the operation o f civil aircraft, but allows helicopters to be operated at lower altitudes in certain conditions. We will no t operate our UAS above the altitude of 400 feet above ground level (AGL) and will also only operate i n safe areas away from the public and traffic, thus “providing a level of safety at least equivalent to o r below those in relation to minimum safe altitudes.” Given the size, weight and maneuverability an d speed of the UAS, an equivalent or higher level of safety will be achieved

. We request an exemption from 14 CFR 91.121 Altimeter Settings, as it is inapplicable since the UA S utilizes electronic GPS with a barometric sensor. We request an exemption from 14 CFR 91.151(a) Fue l Requirements fo r Flight in visual flight rules (VFR) conditions. The UAS is 100 percent electric and tw o low battery alerts are issued

– per the operating documents, the UAS will be landed at the first alert

. Also, our flights will last only 15

- 20 minutes each and the UA S has an automated function, which result s in immediate landing when a low battery is detected. The PIC will not begin a flight unless, considerin g wind an forecast weather conditions, there is enough power to fly to the first point of intended landin g and , assuming normal cruising speed, land the UAS with 30 percent battery power remaining

. We will comply with all of the following conditions and limitations should this grant of exemption b e provided : 1. Operations will be limited to the following a ircraft described in the operating documents whic h is a quad

- rotor aircraft weighing less than seven pounds: DJI Inspire 1 Aircraft System

. 2. The UAS will not be flown at an indicated airspeed exceeding 40 mph

. 3. The UAS will be operated at an altitude o f no more than 400 feet AGL, as indicated by th e procedures specified in the operating documents

. 4. The UAS will be operated within VLOS of the PIC at all times

. 5. All operations ma y utilize a visual observer (VO). The UAS will be operated within the VLOS of th e VO at all times. The VO and PIC will be able to communicate verbally at all times. The PIC will b e designated before the flight and will not transfer his or her designation for the duration of th eflight. The PIC will ensure that the VO can perform the functions prescribed in the operatin g documents

. 6. The operating documents will be accessible during the UAS operations and made available t o the Administrator upon request. Any revisions to the operating documents will be presented t o the Administra tor upon request

. 7. Prior to each flight, the PIC will inspect the UAS to ensure it is in a condition for safe flight. If th e inspection reveals a condition that affects the safe operation of the UAS, the UAS will not b e operated until the necessary maint enance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station will be included in the preflight inspection

. All maintenance and alterations will be properly documents in the aircraft records

. 8. Any UAS mai ntenance or alterations that affect the UAS operation or flight characteristics, e.g

. replacement of a flight critical component, will undergo a functional test flight. The PIC wh o conducts the functional test flight will make an entry into the aircraft re cords

. 9. The pre

- flight inspection section in the operating documents will account for all discrepancies , i.e. inoperable components, items or equipment not already covered in the relevant sections o f the operating documents

. 10. We will follow the UAS manufacturer’s aircraft/component, maintenance, overhaul , replacement, inspection and life limit requirements

. 11. We will carry out maintenance, inspections and record

- keeping requirements, in accordanc e with the operating documents. Maintenance, inspecti on and alterations will be noted in th e aircraft records, including total flight hours, description of work accomplished and the signatur e of the authorized person returning the UAS to service

. 12. Each UAS operated will comply with all manufacturer Safety Bulletins

. 13. An authorized person will make an entry in the aircraft record of the corrective action take n against discrepancies discovered between inspections

. 14. The PIC will also meet the flight review requirements specified in 14 CFR 61.56 in an ai rcraft i n which the PIC is rated on

. 15. Prior to operations conducted for the purpose of aerial videography/cinematography an d augmenting real estate listing videos (or similar operations), the PIC will have accumulated an d logged, in a manner consistent with 14 CFR 61.51(b), a minimum of five hours as an UAS pilo t operating the make and model of the UAS to be used in operations

. 16. The PIC will not operate the UAS for the purpose of aerial videography/cinematography an d augmenting real estate listing vid eos (or similar operations), unless the PIC has demonstrate d and logged in a manner consistent with 14 CFR 61.51(b), the ability to safely operate the UAS i n a manner consistent with the operating documents, including evasive and emergenc y maneuvers and ma intaining appropriate distances from people, vessels, vehicles and structures

. 17. UAS operations will not be conducted during night hours, as defined in 14 CFR 1.1 All operation s will be conducted under visual meteorological conditions (VMC)

. 18. The UAS will not operate within five nautical miles of an airport reference point as denoted on a current FAA

- published aeronautical chart

. 19. The UAS will not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibili ty is less than three statute miles from the PIC

. 20. If a UAS loses communications or loses its GPS signal, it will return to a predetermined locatio n within the planned operating area and land or be recovered in accordance with the operatin g documents

. 2 1. The PIC will abort a flight in the event of unpredicted obstacles or emergencies in accordanc ewith the operating documents

. 22. The PIC will not begin a flight unless, considering wind and forecast weather conditions, there i s enough power to fly at a normal cruising speed to the intended landing point and land the UA S with 30 percent battery power remaining

. 23. Before conducting operations, the radio frequency spectrum used for operation and control o f the UAS will comply with the Federal Communicatio ns Commission (FCC) or other appropriat e government oversight agency requirements

. 24. The documents required under 14 CFR 91.9 and 14 CFR 91.203 would be available to the PIC a t the Ground Control Station of the UAS at any time the UAS is operating. These documents wil l be made available to the Administrator or any law enforcement official upon request

. 25. The UAS will remain clear and yield the right of way to all manned aviation operations an d activities at all times

. 26. The UAS will not be operated by the PIC from any moving device or vehicle

. 27. The UAS will not be operated over congested or densely populated areas unless contracted ou t to do events

. 28. Flight operations will be conducted at least 500 feet from all nonparticipating persons, vessel s , vehicles and structures unless : a. Barriers or structures are present that sufficiently protect nonparticipating persons fro m the UAS and/or debris in the event of an accident. We will ensure that nonparticipatin g persons remain under such protection. I f a situation arises where nonparticipatin g persons leave such protection and are within 500 feet of the UAS, flight operations mus t cease immediately

. b. The aircraft is operated near vessels, vehicles or structures where the owner/controlle r of such vess els, vehicles or structures has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that i t does not present an undue hazard

. c. Operations near to the PIC, VO, operator trainees or es sential persons do not present a n undue hazard to those persons per 14 CFR 91.119(a)

. 29. All operations will be conducted over private or controlled

- access property with permissio n from the land owner/controller or authorized representative. Permission fr om lan d owner/controller or authorized representative will be obtained for each flight to be conducted

. 30. Any incident, accident or flight operation that transgresses the lateral or vertical boundaries o f the operational area as defined by the applicable certificate of authorization (COA) will b e reported to the FAA’s UAS Integration Office (AFS

- 80) within 24 hours. Accidents will b e reported to the National Transportation Safety Board (NTSB) per instructions contained on th e NTSB website: www.ntsb.gov

. O n behalf of Aerial O ptics Media, we would like to thank you for your consideration i n granting this exemption.

Rick Jahshan