UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

ARGISHTI ZAMANYAN

FOR AN EXEMPTION SEEKING R ELIEF FROM THE REQUIREMENTS OF TITLE 14 OF

THE CODE OF FEDERAL REGULATIONS SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a) & (b) CONCERNING

COMMERCIAL OPERATION OF THE DJI PHANTOM 3 UNMANNED AIRCRAFT SYSTEM

PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112

- 95)

Submitted on November 13 , 2015

ARGISHTI ZAMANYAN

1436 WEST GLENOAKS BLVD. #129 GLENDALE, CA 91201 ( 818) 658

- 0902TABLE OF CONTENTS Page

GLOSSARY OF

ABBREVIATIONS.................................................................................................................3

SUMMARY........................................ ..................................................................................... 4

INTRODUCTION AND INTERESTS OF PETITIONER......................................................4

BACKGROUND..................................................................................................................... 5

BASIS FOR PETITION........................................................................................................... 5

NAME AND ADDRESS OF PETITIONER................................................................6

THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH

ARGISHTI ZAMANYAN SEEKS EXEMPTION..........................................................7

THE EXTENT OF RELIEF ARGISHTI ZAMANYAN SEEKS AND

THE REASON ARGISHTI ZAMANYAN SEEKS THE RELIEF.........................9

THE REASONS WHY GRANTING ARGISHTI ZAMANYAN ’S REQUEST

WOULD BE IN THE PUBLIC INTEREST .............................................................11

THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT

ADVERSELY AFFECT SAFETY..............................................................................13

CONCLUSION..................................................................................... ..................................19GLOSSARY OF ABBREVIATIONS

AGL Above Ground Level

AOI Area of Interest

ATC Air Traffic Control

ATO Air Traffic Organization

AV Aerial Vehicle

CFR Code of Federal Regulations

COA Certificate of Authorization

FAA Federal Aviation Administration

FAR Federal Aviation Regulation

GCS Ground Control Station

GPS Global Positioning System

LOL Loss of Link

NAS National Airspace System

NOTAM Notice to Airman

PIC Pilot In Command Section 333 FAA Modernization and Reform Act of 2012 (FMRA)

SO Safety Observer

SOP Standard Operating Procedures

UA Unman ned Aircraft

UAS Unmanned Aircraft System

VFR Visual Flight Rules

VLOS Visual Line of Site

VMC Visual Meteorological Conditions

VTOL Vertical Takeoff and Landing

DJI UAV manufacturer

ESC Electronic speed control

FP V First Person View

LI

- PO Lithium Polymer battery

RCV Radio Controlled vehicleSUMMARY

Argishti Zamanyan seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an Unmanned Aircraft System pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). This exemption will permit Argisht i Zamanyan to operate an Unmanned Aircraft System (UAS) for the commercial purpose of conducting aerial video and photography for Marketing, film sets, real estate photography, commercials, special events, wedding cinematography, marine photography, roofin g inspection, and landscape imaging over certain areas of the United States.

INTRODUCTION AND INTERESTS OF THE PETITIONER

My name is Argishti Zamanyan , and I am a Aerial RCV enthusi ast with over 2 years of

exper ience operating various types of Aeri al RCV’s as well as 1 year operating quadcopter UAS’s

. Argishti Zamanyan also provides customers high quality photography for a wide range of applications. Argishti Zamanyan is considered an advanced level RCV pilot who has even taught beginners how to pil ot RCV’s.

The objective of Argishti Zamanyan is to provide superior aerial imaging for a wide range

of industries and events while promoting safe UAS operations and promoti ng public knowledge of UAS’s as well as providing a high level of knowledge about UAS’s.BACKGROUND

Unmanned Aircraft Systems: DJI Phantom 3 UAS Argishti Zamanyan seeks an exemption to operate the DJI system for compensation or hire within

the NAS. The DJI Phantom 3 is a vertical takeoff and landing (VTOL) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI

Phantom 3 has a maximum gross weight of approximately 2 pounds 14 ounces, while having a length of 1 6 inches width of 16 inches, height of 8 inches, and a maximum speed of approximately

29 knots. The DJI Phantom 3 UAS is equipped with four main rotors; driven by a Lithium Polymer battery powered electric motor

.

The DJI Phantom 3 UAS that will be opera ted by Argishti Zamanyan will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 C.F.R Part 47, Aircraft Registration, and marked in accordance with 14 C.F.R. Part 45, Identification and Registration Markings.

BASIS FOR PETITION

Petitioner, Argishti Zamanyan , pursuant to the provisions of the Federal Aviation Regulations (14 C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain Unmanned Aircraft Systems , hereby petitions the Administrator to commercially operate the DJI Phantom 3 UAS in the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409 (a)(1) & (a)(2), and 91.417(a) & (b).

In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, Argishti Zamanyan ’s operation of DJI Phantom 3

UAS meets the conditions of FMRA Secti on 333 and therefore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.

Accordingly, Argishti Zamanyan requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as the se sections set forth requirements for maintenance that only apply to aircraft with an airworthiness certificate.

Argishti Zamanyan submits that the requested relief is proper since an equivalent level of safety

will be ensured. Argishti Zamanyan will u se experienced personnel or technicians to perform maintenance, alterations, or pr eventive maintenance on the UAS using the methods, techniques, and practices prescribed in the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Manual). Furthermore, Argishti Zamanyan will document and maintain all maintenance

records for the DJI Phantom 3

.

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command, is requested by A rgishti Zamanyan to the extent necessary to allow a Pilot in Command (PIC) holding a private pilot or higher level certificate, as well as an airman medical certificate, and who has demonstrated, by meeting minimum flight

- hour and currency requirements, t hat the PIC is able to safely operate the DJI Phantom 3 UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures.Argishti Zamanyan seek s relief from Section 91.7(a), entitled Civil aircraft airworthiness, because

the DJI Phantom 3 UAS do es not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As su ch, Argishti Zamanyan submits that he will ensure that t he DJI Phantom 3

UAS is in an airworthy condition, prior to every flight, by determining

that the UAS is in compliance with the operating documents (i.e., Monthly Maintenance Log, and

DJI Phantom 3 Instruction Ma nual), and that the aircraft is in a condit ion for safe flight.

Argishti Zamanyan also seeks an exemption from the requirements of Section 91.121, entitled Altimeter Settings, as the DJI Phantom 3 UAS will not have a typical barometric altimeter onboard. However, altitude information of the DJI Phantom 3 UAS will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, which

downlinks from the U A S to the GCS for active monitoring of the flight path. This altitude information, combined with Argishti Zamanyan ’ s operation of the DJI Phantom UAS within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121.

Additionally, Argishti Zamanyan seeks an exemption from the requirements of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions. Argishti Zamanyan submits that safety will not be affected by operation of the DJI Phantom 3 UAS during daylight hours in visual meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration of approximately 15.5 minutes to the first point of intended landing and, assuming normal cruising s peed, to fly after that for at least 4.5 minutes.

In accordance with 14 C.F.R. § 11.81, Argishti Zamanyan provides the following information in support of its petition for exemption:

A. Name And Address Of The Petitioner.

The name and address of the Petitioner and point of contact is:

ARGISHTI ZAMANYAN

1436 WEST GLENOAKS BLVD #129 GLENDALE, CA 91201 ( 818) 658

- 0902

Email: argishtiz@gmail.com

A . The Specific Sections Of 14 C.F.R . From Which Argishti Zamanyan Seeks Exemp tion

.1. Argishti Zamanyan Seeks Exemption From The Requirements Of Section 61.113(a) And (b). Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, subsections (a) and (b) prescribe the following, in relevant part: (a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act as PIC of an aircraft.

(b) A priv ate pilot may, for compensation or hire, act as PIC of an aircraft in

connection with any business or employment if

— (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire.

2. ARGISHTI ZAMANYAN Seeks Exemption From The Requirements Of Section 91.7(a). Section 91.7, entitled Civil aircraft airworthiness, subsection (a), states the following: (a) No person may operate a civil aircraft unless it is in an airworthy condition.

3. ARGISHTI ZAMANYAN Seeks Exemption From The Requirements Of Section

91.121. Section 91.121, entitled Altimeter settings, subsection (a), states the following, in
part: (a) Each person operating an aircraft shall maintain t he cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set,

w hen operating

-- Below 18,000 feet MSL, to

--

(i) The current reported altimeter setting of a station along the route and

within 100 nautical miles of the aircraft;

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported altimeter setting of an appropriate available station; or

(iii) In the case of an aircraft not equipped with a radio, th e elevation of the departure airport or an appropriate altimeter setting available before departure.

4. ARGISHTI ZAMANYAN Seeks Exemption From The Requirements Of Section 91.151(b). Section 91.151, entitled Fuel requirements for flight in VFR conditions, subsection (b)

, states the following:

(b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to t he first point of intended landi ng and, assuming normal cruising speed, to fly after that for at least 20 minutes.

5. ARGISHTI ZAMANYAN Seeks Exemption From The Requirement Of Section91.405(a). Section 91.405, entitled Maintenance required, subsection (a), states the following: Eac h owner or operator of an aircraft

—

(a) Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in part 43 of this chapter[.]

6. ARGISHTI ZAMANYAN Seeks Exemption Fr om The Requirements Of Section

91.4 07(a)(1) Section 91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration, subsection (a)(1), states the followi ng:

(a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding, or alteration unless

-- (1) It has been approved for return to service by a person authorized under § 43.7 of this chapter[.]

7. ARGISHTI ZA MANYAN Seeks Exemption From The Requirements Of Sections 91.409(a)(1) And 91.409(a)(2). Section 91.409, entitled Inspections, subsection (a), states the following:

(a) Except as provided in paragraph (c) of this section, no person may operate an

aircr aft unless, within the preceding 12 calendar months, it has had

-- (1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service by a person authorized by § 43.7 of this chapter; or (2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.

8. ARGISHTI ZAMANYAN Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b). Section 91.417, entitled Maintenance records, subsections (a) and (b), state the following: (a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator shall keep the following records for the periods specified in paragraph (b) of this section:

1. Rec ords of the maintenance, preventive maintenance, and alteration and

records of the 100

- hour, annual, progressive, and other required or approved inspections, as appropriate, for each aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must

include

-- (i) A description (or reference to data acceptable to the Administrator) of the work performed; and (ii) The date of completion of the work performed; and (iii) The signature, and certificate number of the person approving the

aircraft for return to service.

2. Records containing the following information: (i) The total time in service of the airframe, each engine, each propeller, and each rotor. (ii) The current status of life

- limited parts of each airframe, engine,propeller, rotor, and appliance. ( iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a specified time basis. (iv) The current inspection status of the aircraft, including the time since the last inspection required by the inspection program under which the aircraft and its appliances are maintained. (v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the method of compliance, the AD or safety directive number and revision date. If the AD or safety directive involves recurring action, the time and date when the next action is required. (vi) Copies of the forms pre scribed by § 43.9(d) of this chapter for each major alteration to the airframe and currently installed engines, rotors, propellers, and appliances.

3. The owner or operator shall retain the following records for the periods prescribed: (i ) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or superseded by other work or for 1 year after the work is performed. (ii ) The records specified in paragraph (a)(2) of this section shall be

retained and transf erred with the aircraft at the time the aircraft is

sold. (iii ) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained until the defects are repaired and the aircraft is approved for return to servic e.

B

. The Extent Of Relief ARGISHTI ZAMANYAN Seeks And The Reason ARGISHTI

ZAMANYAN Seeks The Relief.

1. Extent Of Relief ARGISHTI ZAMANYAN Seeks And The Reason ARGISHTI

ZAMANYAN Seeks Relief From Section 61.113(a) And (b). Relief from Section 61.113( a) and (b) entitled Private pilot privileges and limitations: Pilot in command, is requested to the extent necessary to allow a PIC holding a private pilot or higher level certificate, as well as a current a nd valid airman medical certificate, and who has met certain flight

- hour and currency requ irements, to conduct the proposed UAS flight operations for compensation or hire. This relief is requested since the limitations set forth in Section 61.113(a) and (b)

state that a private pilot may, for compensat ion or hire, act as PIC of an aircraft in

connection with any business or employment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire.

As set forth m ore fully below, ARGISHTI ZAMANYAN submits that an equivalent level of safety will be maintained because no PIC will be allowed to operate the DJI

Phantom 3 UAS unless that PIC has met certain flight

- h our and currency requirements, demonstrating that the P IC i s able to safely operate th e DJI Phantom 3 UAS in a manner consistent with the operations specifications a s described in this exemption, including evasive and emergency maneuvers, as well as maintain ing appropriate distances from people, vessels, vehic les and structures.

Further more, ARGISHTI ZAMANYAN submits that all flights of the DJI P hantom

3 UAS , conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to

ARGISHTI ZAMANYAN ' s business; and (2) will not ca rry passengers or property forcompensation or hire.

2. Extent Of Relief ARGISHTI ZAMANYAN Seeks And The Reason ARGISHTI

ZAMANYAN Seeks Relief From Section 91.7(a). Relief from Section 91.7(a) entitled Civil aircraft airw orthiness, is requested to the extent required to allow ARGISHTI ZAMANYAN to determine that the DJI Phantom 3

UAS is in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating do cuments (i.e., ARGISHTI ZAMANYAN ’s Aerial Opera tions Manual, Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual

, Pre

- Flight Checklist ).

ARGISHTI ZAMANYAN seeks the requested relief because the DJI Phantom 3

UAS do es not require an airworthiness certificate in acco rdance with 14 C.F.R. Part 21, Subpart H. Therefore, ARGISHTI ZAMANYAN will ensure that the DJI Phantom 3 UAS

is in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Instruction Manual) prior to every flight, and further, determine that the aircra ft is in condition for safe flight, as stated in the

conditions and limitations below.

3. Extent Of Relief ARGISHTI ZAMANYAN Seeks And The Reason ARGISHTI

ZAMANYAN Seeks Relief From Section 91.121. Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the DJI Phantom 3 UAS , which utilizes a barometric pressure sensor, GPS equipment, and a radio communications telemetry data link to downlink altitude

information from the UA to the PIC at the ground control station (GCS). Since the FAA requires that any altitude information concerning UAS operations be reporte d to air traffic control (ATC) in feet above groun d level (AGL), ARGISHTI ZAMANYAN seek s the requested relief because the DJI Phantom 3 UA S ’s altimeter may be set o n the ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight. Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply with the applicable con ditions and

limitations stated below. As more fully set forth herein, an equivalent level of safet y will be

maintained since the DJI Phantom 3 UAS is equipped with a baro metric pressure sensor

and GPS equi pment, which automatically ensures that a ground level pressu re setting will

be established prior to each flight, and provides the PIC with altitude informat ion of the UA

on the heads

- up d isplay of the GCS.

4. Extent Of Relief ARGISHTI ZAMANYAN Seeks A nd The Reason ARGISHTI

ZAMANYAN Seeks Relief From Section 91.151(b). Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to the extent required to allow flights of the battery powered D JI

Phantom 3 UAS dur ing daylight hours in visual meteorological conditions (VMC), under

visual flight rules (VFR), for a total duration of 15.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes.

ARGI SHTI ZAMANYAN seeks the requested relief because without an exe mption from Section 91.151(b), the flight time duration of the battery powered DJI Phantom 3 UAS w ill severely constrain the practicality of any aerial video or still photo flight operations that

ARGISHTI ZAMANYAN proposes to conduct pursuant to this Petition. Significantly, as set forth below, the technical specifi cations of the DJI Phantom 3

UAS , the DJ I Phantom 3 UAS’s operating d ocuments, and proposed operating limitations,

ensure that ARGISHTI ZAMANYAN will safely operate the battery powered DJI Phantom

3 UAS during daylight hours in visual meteorological conditions (VMC), under visualflight ru les (V FR), with enough battery power to fly for a total dura tion of 15 .5 minutes to the first point of intended landing an d, assuming normal cruising speed, to fly after that for

at least 4.5 minutes.

5. Extent Of Relief ARGISHTI ZAMANYAN Seeks And The Reason ARGISHTI

ZAMANYAN Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b). Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a )(2), and 91.417(a) & (b) only apply to aircraft with an airworthiness certificate, A RGISHTI ZAMANYAN requests
relief from these Sections because the DJI Phantom 3 UAS does not require airworthiness certificates. As set forth more fully below, the DJI Phantom 3 UAS meets the conditions of FMRA Section 333 for operation without an airworthi ness certif icate. Accordingly,

ARGISHTI ZAMANYAN will use trained techn icians to perform maintenance, alterations,

or pr eventive maintenance on the UAS usin g the methods, techniques, and practices prescribed in the UAS operating documents (i.e., ARGISHTI Z AMANYAN Aerial Operations Manu al, Monthly Maintenance Log, D JI Phantom 3 Instruction Manual , Pre

Flight Checklist ). Furthermore, ARGISHTI ZAMANYAN will document and maintain all

maintenance records for the DJI Phantom 3 UAS

.

C. The Reasons Why Granting ARGISHTI ZAMANYAN ’s Request Would Be In The Public Interest; That Is, How It Would Benefit The Public As A Whole. Granting the present Petition will further the publi c interest by allowing ARGISHTI

ZAMANYAN to safely, efficiently, and economically perform a erial video and photography of construction sites, real estate, and landscape , boats, and events over certain

areas of the United States. Additionally, use of the DJI Phantom 3 UAS will decrease congestion of the NAS, reduce pollution, crashes and accide nts cau sed by pilot error and provide significant

benefits to the eco nomy. Notably, the benefits of ARGISHTI ZAMANYAN ’s proposed operation of the DJI Phantom 3 UAS will b e realized without implicating any privacy

issues.

1. The Public Will Benefit From Decreased Congestion Of The NAS.

The DJI Phantom 3 UAS is battery powered and serves as a safe, efficient,

and economical alternative to the manned aircraft tradition ally utilized to obtain

aerial imagery. By reducing the amount of manned aircraft needed t o perform aeri al acquisitions, an exemption allowing the use of a DJI Phantom 3 UAS would reduce

the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and property in the air and on the ground. Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be

reduced. The DJI Phantom 3 do es not require an airport to takeoff or land. Likewise,

a reduction of ma nned aircraft conducting aerial video and photog raphy missions

would result in fewer aircraft that must be handled by air traffic control during t he ground, takeoff, departure, arrival, and landing phases of flight operations.

2. The Public Will Benefit From The Safety And Efficiency Of The DJI

Pha ntom 3 UAS

. Conducting aerial acquisitions with the DJI Phantom 3 UAS

, instead of manned aircraft, will greatly benefit the public by drastically reducing the levels of

air and noise pollution generated durin g traditional aerial video and still photography flight operations. By using battery power and electric motors, the DJI

Phantom 3 UAS produces no air pollution, and is the most viable environmentallyconscious a lternative to the cabin class, six cylinder i nternal combustion engine aircraft that are typically u tilized for aerial video and photography, while burning approximately 20

- 30 gallons per hour of lead ed aviation fuel. The DJI Phantom 3

UAS , while reducing the carbon footprint of aerial acquisitions, also elimin ates noise pollution, as the UAS is propelled by battery powered electric motors, rather than an internal combustion engine.

By using the DJI Phantom 3 UAS to pe rform aerial acquisitions, the substantial risk to life and property in the air and on the groun d, which is usually

associated with traditional manned aircraft flight operations, will be subst antially reduced or completely eliminated. Aside from the lack of flight crew members

located onboard the aircraft, the DJI Phantom 3 (weighing approximately 2 pounds

14 ounces at its maximum gross weight, with a length of 16 inches, and a width of

16 inc hes , and with no fuel on board), has less physical potential for collateral damage to life a nd property on the ground, and in the air, compared t o the manned aircraft that typic ally conduct similar operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons).

3. Performing Aerial Video and Photography Operations With The DJI

Phantom 3 UAS Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 3 UAS is also an economical alternative to using manned aircraft to conduct similar aerial operations.

As such, operation of the DJI Phanto m 3 UAS will allow United States based companies to remain competitive and contribute to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel an d the Environmental Protection Agency (“EPA”) regulatory actions phasing out leaded a viation fuels, U.S. owned and operated companies must adopt new and alternative technology i n order to remain competitive. Operating the battery powered DJI Phantom 3 UAS is one such technology that not only allows companies greater operational flexibility co mpared to manned aircraft, but provides such flexibility without the high operational cost of

a traditional manned aircraft. By operating the DJI Phantom 3 UAS, companies can remain competitive and profitable, and therefore, provide greater job stabilit y to employees and contractors, which will ultimately co ntribute to growth of the U.S. economy. Improved financial performance of U.S. companies, through commercial use of the

DJI Phantom 3 UAS , provides a stable wor kforce that increases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest in research and development in order to remain competitive both in the United States

and abroad.

4. There Are No Privacy Issues. Similar to the manned aerial acquisition fl ight operations that have been

conducted for decades, ARGISHTI ZAMANYAN ’s proposed operation of the DJI

Phantom 3 UAS will not implicate any privacy issues. Specifically, the DJI

Phantom 3 UAS will be operated only in compliance with oper ating documents (i.e.,

ARGISHTI ZAMANYAN Aerial Operations Manua l, Monthly Maintenance Log,

DJI Phantom 3 and Instruction Manual , Pre

- Flight Checklist ) which requires
property owne r involvement as well as local law enforcement notification, and in

accordan ce with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. § 91.119.E. The Reasons Why Granting The Exemption Would N ot Adversely Affect Safety, Or How The Exemption Would Provide A Level Of Safety A t Least Equal To That Provided By The

Rule From Which ARGISHTI ZAMANYAN Seeks Exemption.

1. Reasons Why The DJI Phantom 3 UAS Meet s The Conditions Of The FAA Modernization and Reform Act of 2012 (FMRA) Section 333.

In consideration of the size, weight , speed, and limited operating area associated with the unmanned aircraft and its operation, ARGISHTI ZAMANYAN ’s operation of the

DJI Phantom 3 UAS meet s the conditions of FMRA Section 333, and w ill not require an

airworthiness certificate in accordance wi th 14 C.F.R. Part 21, Su bpart H. Section 333 provides authority for a UAS to operate without airworthiness certificati on and sets forth requirements for considering whether a UAS will create a hazard to user s of the NAS or the public, or otherwise pose a threat to national security. Specificall y, FMRA Section 333

states the following, in part: (a) In General.

-- Notwithstanding any other requirement of this subtitle, and not

later than 180 days after the date of enactment of this Act, the Sec retary of Trans portation

shall determine if certain unmanned aircraft systems may operate safely in the nationa l airspace system before completion of the plan and rulemaking required by section 332 of

this Act or the guidance required by section 334 of this Act. (b) Asse ssment of Unmanned Aircraft Systems.

-- In making the determination under subsection (a), the Secretary shall determine, at a minimum

— (1) which types of unmanned aircraft systems, if a ny, as a result of their size, weight, speed, operational capability, pro ximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the n ational airspace system or the public or pose a threat to national security; and whether a certifi cate of waiver, certificate of autho rization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems identified under paragraph (1). (c) Requirements for Safe Operation.

-- If the Secretary determines under this section

that certain unmanned aircraft systems may operate safely in the national a irspace system,

the Secretary shall establish requirements for the safe operation o f such aircraft systems in

the national airspace system. In seeking this exemptio n, ARGISHTI ZAMANYAN submits that the DJI Phantom

3 UAS can operate safely in the NAS pu rsuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 3 UAS; (b) the pilot certification requirement; and (c) the specific operating limitations. a. The Specificatio ns Of The DJI Phantom 3 UAS Demonstrates Its Safe

Characteristics.

The DJI Phantom 3 UAS do es not create a haz ard to users of the NAS or the public,

or othe rwise pose a threat to national security considerin g its size, weight, speed, and operational capabilit y. i. Technical Specifications Of The DJI Phantom 3 UAS

. The technical specifications of the DJI Phantom 3 UAS is set forth by the

DJI Phantom 3 Specifications and Data Sheet, att ached hereto as Exhibit A

. ii. The DJI Phantom 3 UAS’ Autonomous Flight And Navigation Modes

Enable The UAS To Remain Within A Defined Operational Area.

The DJI Phantom 3 UAS may be ope rated in both manual and fully

au tonomous flight modes. A complete description of the flight and navigationalmodes of the DJI Phantom 3 UAS is provided at pages 25

- 35 of the DJI Phantom 3 User Manual, attached hereto as Exhibit B

. iii. The DJI Phantom 3 UAS is Designed For Automatic Ret urn To Home Point

Or Hover In The Event Of Loss Of The Control Link Or Navigation. When the Control Link is lost, the DJI Phantom 3 UAS will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3

UAS do es not reacqui re control link data from the GCS, the UAS will assume that

the Control Link is lost and the UAS will return to the home position (i.e., failsafe

mode ) via GPS, and will descend to the takeoff position and shutdown. A complete description of the Failsafe F unctions of the DJI Phantom 3 UAS are set forth at pages 27 through 29 of the DJI Phantom User Manual, attached hereto as Exhibit B

. iv. The DJI Phantom 3 GCS And Its Operation. A complete description of the operation and specifications of the D JI

Phanto m 3 GCS and flight control software is provided at pages 32 through 43 of

the DJI Phantom 3 User Manual . DJI Phantom 3 User Manual is atta ched hereto as

Exhibit B.

b. Flight Operations Of DJI P hantom 3 UAS is Limited To The Line Of Sight

Of A Certificated Pilot in Command With A Safety Observer.

ARGISHTI ZAMANYAN will only utilize certificated pilots who possess a

current and valid airman medical certificate to act as a pilot in command (PIC) of

the DJI Phantom 3 UAS . Additionally, a safety observer wil l assist all pilots during flight time. c. Flights Of DJI Phantom 3 UAS Will Be Conducted Pursuant To Specific Operating Limitations. In seeking this exemption, ARGISHTI ZAMANYAN proposes to commercially operate the DJI Phantom 3 UAS for the special pur pose of conducting

aerial video and photography over certain areas of United States, pursuant to th e following specific operating limitations:

1. Operations authorized by this grant of exemption will be limited to the following

aircraft described in the operating documents, rotorcraft UASs weighing less than 55 pounds maxi mum gross weight: DJI Phantom 3 Unmanned Aircraft System. Proposed operations of any other aircraft will require a new petiti on or a petition to

amend this grant.

2. UAS operations u nder this exemption will be limited to conducting operations for

the purpose of aerial video and photography.

3. The UAS may not be flown at an indicated airspeed exceeding 20 knots.

4. The UA S must be operated at an altitude of no more than 500 feet above ground level (AGL), as indicated by the procedures specified in the operating documents

unless a special request is made and approved by ATC. All altitudes reported to

ATC must be in feet AGL.

5. The UAS must be operated within visual line of sight (VLOS) of the PIC at all

times. This requires the PIC to be able to use human vision un aided by any device

other than corrective lenses, as specified on the PIC’s FAA

- issued ai rman medical

cer tificate.6. The use of first person view (FPV) by the PIC or safety observe r (SO) is not permitted.

7. All operations must utilize a safety observer (SO). The SO may be used to satisfy

the VLOS requirement as long as the PIC always maintains VLOS cap ability. The

SO and PIC must be able to communicate verbally at all times. Electronic messagi ng or texting is not permitted during flight operations. The PIC must be designated before the fli ght and cannot transfer his or her designation for the

duration o f the flight. The PIC must ensu re that the SO can perform the functions prescribed in the operating documents.

8. The SO must not perform any other duties beyond assisting the PIC with seeing and avoiding other air traffic and other ground based obstac les/obstructions and is

not permitted to operate the camera or other instruments.

9. The operating documents and the grant of exemption must be accessible during

UAS operations and made available to the Administrator upon re quest. If a discrepancy exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the oper ating documents, the conditions and limitations contained in the grant o f exemption take precedence and must be

followed. O therwise , the operator must follow the procedures as outlined in its operatin g documents. The ope rator may update or revise its operating documents. It is the operator’s responsibility to t rack such revisions and present updated and

revised documents to th e Administrator upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to the grant of exemption. If the operator determin es that any update or revision would affect the basis upon which the FA A granted the exe mption, then the operator must petition for amendment to its grant of exemption. The FAA’s U AS Integration Office (AFS

- 80) may be contacted if questions arise regarding updates or revisions to the operating documents.

10. Prior to ea ch flight the PIC must inspect the UAS to ensure that it is in a

condit ion f or safe flight. If the inspection reveals a condition that affects the safe

op eration of the UAS, the aircraft is prohibited from operating until the necessary

main tenance has been performed and the UAS is found to be in a condition for safe flight. The Ground Control Station must be included in the preflight inspection. All

maintenance an d alterations must be properly documented in the aircraft records.

11. Any UAS that has undergone maintenance or a lterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PIC who conducts the functional tes t flight must make an entry in the a ircraft records.

12. The pre

- flight inspection must account for all potential discrepancies, e.g. inoperable components, items, or equipment, not already covered i n the relevant

sections of the oper ating documents.

13. The operator must fo llow the UAS manu facturer’s aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements.

14. The operator must carry out its maintenance, i nspections, and record keepingrequirements, in accordance with the operatin g documents. Mainten ance, inspection, alterations, and status of replacement/overhaul component parts must be noted in t he aircraft records, including total time in service, description of work accompli shed, and the signature of the authorized person retur ning the UAS to service.

15. Each UAS operated under this exemption must comply with all manufacturer Safety Bulletins.

16. The authorized person must make an entry in the aircraft record of the corrective action taken against discrepancies discovered between inspections. 17. The PIC must possess at least a private pilot certificate and at least a current

third

- class medical certificate.

18. The operator may not permit any PIC to operate unles s the PIC meets the operator’s qualification cr iteria and demonstrates the ability to safe ly operate the

UAS in a manner consistent with how the UAS will be operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate distances f rom persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the operator’s PICs are permitted under the terms of the exemption. However, training operation s may only be conducted during dedicated training sessions. During training, proficiency, and experience

buildin g flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate dist ance from nonparticipants in accordance with 14 C.F.R. § 91.119.

19. UAS operations may not be conducted during night, as defined in 14 C.F.R. §

1.1. All operations must be conducted under visual meteorological conditions (VMC). If flight at night is r equired, a special request will be made at the FAA

offi ce closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not authorized.

20. The UA S may not operate within 5 nautical miles of an airport reference point

as de noted on a current FAA

- published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is

conduc ted in accordance with a NOTAM as required by the operator’s COA. The letter of agreement wi th the airpo rt management must be made available to the Administrator upon request.

21. The UA S may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

22. If the UA S loses communications or loses its GPS si gnal, it must return to a pre

determined location within the planned operating area and land or be recovered in

accordance with the operating documents.

23. The PIC must abort the flight in the event of un predict ed obstacles or emergencies in accordance with the operating documents.

24. The PIC is prohibited from beginning a flight unless (considering wind andforecast weather conditions) there is enough power to fly at normal cruising speed to

the inten ded landing point and land the UA with 25% battery power remaining.

25. The operator must obtain an Air Traffic Organizati on (ATO) issued Certificate

of Waiver or Authorization (COA) prior to conducting any operations under the grant of exemption. This COA will also require the operator to request a Notice to

Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hou rs prior to the operation. All operations shall be conducted in accordance with airspace

requ irements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements.

26. All aircraft operated in accordance with the exemptio n must be identified by

serial number, registered in accordance with 14 C.F.R. part 47, and have identification ( N

- Number) markings in accordance with 14 C.F.R. part 45, Subpart C. Markings must be as large as practicable.

27. Before conducting operations, the radio frequency s pectrum used for operation

and control of the UA must comply with the Federal Communications Commission (FCC) or other appropriate government oversight agency requirements.

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available

to the PIC at the Ground Cont rol Station of the UAS any time the UAS is operating. These documents must be made available to the Administrator or any law enforcement official upon request.

29. The UA must remain clear and yield the right of way to all manned aviation operations and activities at all times.

30. The UAS may not be operated by the PIC from any moving device or vehicle.

31. Flight operations must be conducted at least 500 feet from all nonparticipating

persons (persons other than the PIC, SO, operator trainees or essential persons),

ves sels, vehicles, and structures unless: a. Barriers or structures are present that sufficiently protect nonparticipating persons from t he UA and/or debris in the event of an accident. The operator

must ensure that nonparticipatin g persons remain under such protectio n. If a

situation arises where nonparticipating persons leave such protection and are

wit hin 500 feet of the UA, flight operations must cease immediately and/or; b. The aircraft is operated near vessels, ve hicles or s tructures where the owner/controller of such vessels, vehicles or structures has granted permission and the PIC ha s made a safety assessment of the risk of operating

closer to those objects and determined that it does not present an undue hazard, and;

c. Operations nearer to the PIC, SO, operator trainees or essential persons do

not present an undue hazard to those persons per § 91.119(a).

32. All operations shall be conducted over private or c ontrolled

- access property with permission from the land owner /controller or authorized representative. Permission

from land owner/controller or authorized representative will be obtained for each flight to be conducted. 33. Any incident, accident, or flight operation that transg resses the lateral or verticalb oundaries of the operational area as defined by the applicab le COA must be reported to the FAA's UAS Integration Office (AFS

- 80) within 24 hours. Acc idents must be reported to the National Transportation Safety Board (NTSB) per

instructions c ontained on th e NTSB Web site: www.ntsb.gov.

2. Reasons Why An Exemption From The Requirements Of Section 6 1.113(a) And (b) Would Not Adversely Affect Safety.

ARGISHTI ZAMANYAN submits that the equivalent level of saf ety established by

Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the

DJI Phantom 3 UAS unless that PIC has de monstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to sa fely operate the DJI Phantom 3 UAS in

a manner consiste nt with the ex emption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Considering ARGISHTI ZAMANYAN ’s proposed area of operations, and the operating limitations set forth

- above ; the parallel nature of privat e pilot aeronautical knowledge requirements to those of commercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary to safely operate the DJI Phantom 3 UAS

, ARGISHTI ZAMANYAN submits that the additional manned airmanship experience of a

comme rcially certificated pilot would not correlate to the airmanship skills necessary for

ARGISHTI ZAMANYAN ’s specific proposed flight operations. The FAA has previously granted relief from Section 61.113(a) a nd (b) specific to UAS, in circumstances similar, in all material respects, to those present ed herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 111 09, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161). ARGISHTI

ZAMANYAN will not allow any PIC to operate the DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting min imum flight

- hour requirements and the DJI Phantom 3 UAS training and currency requirements, that the PIC is able to safely operate the DJI

Phantom 3 UAS in a manner consistent with this exemption, including evasive a nd

emergency maneuvers and maintaining appropriate distances from people, vess els, vehicles

and structures. Specifically, the PIC must have accumulated and logged, in a ma nner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with

a minimum of 5 hours of those hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption). In addition to the hour requirements,

the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was ob tained in compliance with applicable regulations will ensure an equivalent level of safety during ARGISHTI ZAMANYAN ’s proposed operations. The Administrator has held that prior documented flight experience that was obtained in compliance with applicable regulations would ensure safe operations, stating as follows: In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion picture filming (or similar operations), the PIC must have accumulated and logged, in a m anner consistent with 14 CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a

multi

- rotor UAS. Prior to operations under Exemption No. 11062, the PIC must also have accumulated and logged a minimum of 5 hours as a UAS pilot operating the same make and model of UAS to be used for operations under the exemption. For clarification, the FAA considers these minimum hour requirements to be inclusive rather than additive; i.e. 5

hours make and mode l time may be included in the 10 hours of multi

- rotor time and the 10 hours may be included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PIC must accomplish 3 takeoffs and landings in the preceding 90 days(for cu rrency purposes). The FAA finds that at a minimum, the flighthour requirements in Exemption No. 11062 are appropriate to practice and build proficiency in the skills necessary to safely conduct the petitioner’s proposed operations. The FAA also finds that prior documented flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. Training, proficiency, and experience

- building flights can also be conducted under the grant of exemption to accomplish the requi red flight time. During training, proficiency, and experience

- building flights the PIC is required to operate the UA with appropriate distances in acc ordance with 14 C.F.R 91.119. Exemption No. 11138 at page 15. Accordingly, ARGISHTI ZAMANYAN will ensure safe operati ons by not allowing any PIC to operate the DJI Phantom 3 UAS unless that PIC has demonstrated, by meeting minimum flight

- hour and currency requirements, that the PIC is able to safely operate the

DJI Phantom 3 UAS in a manner consistent with th e exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles

and structures.

CONCLUSION

ARGISHTI ZAMANYAN seeks an exemption pursuant to 14 C.F.R. § 11.61 and

Sec tion 333 of the FAA Modernization and Reform Act of 2012 (F MRA), which will permit safe operation of the DJI Phantom 3 UAS commerci ally, without an airworthiness certificate, for the limited purpose of conducting aerial vide o and photography over certain

a reas of the United States. By granting this Petition, the FAA Admini strator will be fulfilling the Congressional mandate of the FAA Modernization and Reform Act of 2012,

while also advancing the interests of the public, by allowing ARGISHTI ZAMANYAN to
saf ely, efficiently, and economically operate the DJI Phantom 3 UAS commercially within

the NAS. Therefore , in accordance with the Federal Av iation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, ARGISHTI ZAMANYAN respectfully reque sts that the Administrator grant this Petition for an exempti on from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91. 405(a), 91.407(a)(1), 91.409(a) (1) & (a)(2), and 91.417(a) & (b), and permit Delta Aerial Imaging to operate the DJI P hantom 3 UAS commercially for the purpose of conductin g aerial video and photography over certain areas of the United States.

Dated: November 13 , 2015 Submitted by

ARGISHTI ZAMANYANAPPENDIX

– A

DJI PHANTOM 3 TECHNICAL SPECIFICATIONS

ARGISHTI ZAMANYAN only utilizes safe and reliable UASs. DJI is an industry leader in small UAS production. DJI UASs are loaded with ground breaking software enabling t he user to set parameters which will not allow flight into controlled airspace. Parameters can also be set to limit flight to no higher than a predetermined and set altitude as well as limit flight to a predetermined and set distance. In addition, DJI soft ware provides real

- time altitude and location information to the PIC via the linked monitor (smart phone/tablet devices)

1.1 DJI Phantom 3

1.2 1.1.1 Aircraft 1.1.1.1 Supported Battery

– DJI 6000AH LiPo Battery 1.1.1.2 Weight (Battery & Propellers Inc luded)

– 2lbs 11.810oz (1242g) 1.1.1.3 Hover Accuracy (Ready to Fly)

– Vertical: .8m; Horizontal: 2.5m 1.1.1.4 Max Yaw Angular Velocity

- 200/s 1.1.1.5 Max Tilt Angel

- 35 1.1.1.6 Max Ascent Speed

– 6m/s 1.1.1.7 Max Descent Speed

– 2m/s

1.1 .1.8 Max Flight Speed

– 15m/s (NOT RECOMMENDED)

1.1.2 Gimbal 1.1.2.1 Working Current

– Static: 750mA; Dynamic: 900mA 1.1.2.2 Control Accuracy

- ±0.03 1.1.2.3 Controllable Range

– Pitch:

- 90

- 0 1.1.2.4 Maximum Angular Speed

– Pitch: 90/s

1 .1.3 Camera 1.1.3.1 Operating Temperature Range

- 32F

- 104F (0C

- 40C)

1.1.3.2 Sensor Size

– 1/2.3”

1.1.3.3 Effective Pixels

– 14M

1.1.3.4 Resolution

– 4384x3288 4.1.3.5 HD Video Recording

– 1080p30 & 720p 4.1.3.6 Recording Field of View

- 110/85

APPENDIX

- B

D JI P H ANTO M 3 U S E R MA N UA L

h t t p : / / w w w

. d ji

. c o m/ p r o du ct / ph a n t o m

- 3/ d o wn l o ad