Henry E. Ashtian

3228 Anna's Fancy 57 St. Thomas U.S.V.I 00802 (340)244

-5116 ASHTIAN01@HOTMAIL.COM FAA REG.# FA37H37KA3

Dear Sir or Madam: I, Henry E. Ashtian , submits this exemption application for use of the DJI Inspire 1 , DJI Phantonm 3pro, 3DR Solo, and Splash Drones (Waterproof Drone) ( Unmanned Aircraft System) using onboard cameras for the commercial purpose of conducting aerial video and photography of construction sites, residential and commercial real estate , event coverage and other work related to aerial photography. **3DR Solo :** 

 Live Map and Radar

 Detailed Records and Achievements **Splash Drones :** 

 Payload Release Mechanism

 Stream live video

 25nph wind resistance

 capable of landing and floating on water for (SAR)Search and Rescue operations **DJI Inspire 1 and Phantom3 pro :** 
 aerial video and photography

 Building and Construction site inspection

 Realestate marketing

 Aerial videography/cinematography

 Geographical Mapping data collection

 Aerial event protection and crowd control

 Private and governmental training

 local Search and Rescue (SAR) operations Unmanned Aircraft System (UAS) have a low noise signature, and carry no volatile fuel, will limit collateral damage in the event of catastrophic failure. Auto

-pilot detection of lost GPS or of insufficient satellites initiates an immediate vertical landing, unless overridden by pilot in command. Low power on the aircraft triggers escalating alarms at GCS at 35% and 10% levels.If the auto

-pilot detects a lost

-link to the GCS for longer than 30 seconds, return

-to
-home

sequence initiates. The Inspire is inherently unstable, so auto

-pilot failure will result in a rapid exit from flight. Aircraft has an on

-board failsafe that limits vertical speed to approximately 6 m/s (configurable). The aircraft, weighing less than 7 lbs., fully loaded, is constructed of composite material intended to absorb impact energy. The motors are driven by pulse width modulated signals, not analog signals. The regulations from which the exemption is requested are as follows: 14 C.F.R. Part 21 14 C.F.R. 45.23(a) 14 C.F.R. 61.113(a) & (b) 14 C.F.R. 91.7(b) 14 C.F.R. 91.9(b)(2) 14 C.F.R. 91.119(c) 14 C.F.R. 91.151(a) 14 C.F.R. 91.203(a) & (b) 14 C.F.R. 91.405(a) 14 C.F.R. 91.407(a)(1) 14 C.F.R. 91.409(a)(2) 14 C.F.R. 91.417(a) **14 C.F.R. Part 21: Airworthiness Certificates** Given the size and limited operating area associated with the UAS to be utilized, an exemption from Part 21 meets the requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. As evidenced in Exemption No. 12045, "in all cases, an analysis of these criteria demonstrates that the UAS operated without an airworthiness certificate, in the restricted environment and under the conditions proposed will be at least as safe, or safer, than conventional aircraft operating with an airworthiness certificate without restrictions and conditions proposed." **14 C.F.R. 45.23: Display of marks: general** Because the DJI Phantom 3 Professional, Inspire1, 3DR Solo , and Splash Drone does not have a cabin, cockpit, pilot station, fuselage, boom, or tail on which to mark large words, numbers, or phrases, I request exemption from the above regulation. **14 C.F.R. 61.113(a) & (b): Private pilot privileges and limitations: Pilot in command** Under § 61.113 (a) and (b), certified private pilots are limited to noncommercial operations. However, I am able to achieve an equivalent level of safety through current FAA regulations of UAS operation without such a certification because of the above mentioned safety features of the DJI Phantom 3. According to Exemption No. 12045 in which the DJI Phantom 3 Professional was authorized for similar operation, "The FAA has previously declared that additional manned airship experience of a commercially certified pilot would not correlate to the airmanship skills necessary for similarly proposed operations in previously issued exemptions to this regulation throughExemption Nos. 11062 and 11138." Therefore, bearing any pilot certification or license

will not ensure remote piloting skills of a UAS; the risks of operating this UAS are far less than the risk levels inherent in commercial activities with traditional aircraft given the DJI Phantom's safety features and the limited range and speed of the UAS. The FAA has approved a similar exemption to the above rule as evidenced in Exemption No. 12058.

**14 C.F.R 91.7: Civil aircraft airworthiness** Currently there is no certificate applicable to this UAS, and therefore it will be up to myself to determine the airworthiness of the DJI Phantom 3 Professional, Inspire1, 3DR Solo , and Splash Drone in accordance with its official operating manual. Written and signed pre and post
-flight inspections of the propellers, motors, frame, landing stands, camera and gimbal unit, connected tablet devices, a compass calibration and properly ensured GPS locks as indicated by the DJI Phantom's display of"Safe to Fly" message will be perfoimed before and after each flight, accurate records of which will be kept with the UAS's storage and transportation system at all times. These records will be dated and will include the total flight time of each flight. **14 C.F.R. 91.9 (b)(2): Civil aircraft flight manual, marking, and placard requirements** As evidenced in Exemption 12045, since there are "no pilots or passengers on board this aircraft, and given its size, this regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a safety/flight manual with the operator." In addition to the official safety/flight manual provided by DJI upon purchase of the Phantom 3, following the guidelines for safe flight operations and the FAA regulations for UAS operations will ensure a high level of safety. **14 C.F.R. §91.119: Minimum safe altitudes** Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119 (d) allows helicopters to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this exemption is for a sUAS that is a helicopter and the exemption requests authority to operate at altitudes up to 400 AGL, or not more than 200 above an elevated platform from which filming is planned, an exemption may be needed to allow such operations. As set forth herein the sUAS will never operate at higher than 400 AGL restricted area with security perimeter, where buildings and people will not be exposed to operations without their pre

-obtained consent. The equivalent level of safety will be achieved given the size, weight, speed of the sUAS as well as the location where it is operated. No flight will be taken without the permission of the property owner or local officials. Because of the advance notice to the property owner and participants in the filming activity, all affected individuals will be aware of the planned flight operations as set forth in the Manual. Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 55lbs. proposed herein and the lack of flammable fuel, any risk associated with these operations is far less than those presently presented with conventional aircraftoperating at or below 500 AGL in the movie industry. In addition, the lowaltitude

operations of the sUAS will ensure separation between these small

-UAS operations and the operations of conventional aircraft that must comply with Section 91.119. DJI's pilot application and ensuring this is set before each flight as part of the pre

-flight inspection. I will not fly over congested areas or directly above unprotected people or moving vehicles. I will plan operations before hand for proper flight safety and proper height analysis as to avoid collisions. The GPS and barometric sensors equipped on the DJI Phantom 3 will ensure accurate altitude readings, the output of which will be fed to my tablet device in real time as I operate the UAS.
**14 C.F.R. 91.151(a)(1): Fuel Requirements for flight in VFR conditions** The DJI Phantom 3 is electrically

-powered by lithium ion batteries which are made by DJI specifically for this particular UAS. They are rated as providing no longer than 25 minutes of flight time. Therefore, due to the limitations of the batteries, it is currently impossible to comply with part 91.151. **14 C.F.R. 91.203(a) and (b): Civil aircraft: Certifications required** Currently, there are no procedures for providing airworthiness certificates for the mentioned UAS. I, Henry Ashtian , however will always fly safely while having the manuals ofthe DJI Phantom 3 and abiding by FAA regulations for UAS operation and safety guidelines. **14 C.F.R.**  **91.405(a): Maintenance**  **Required, 14**  **C.F.R. 91.407(a)(l):**  **Operation after**  **maintenance, preventive maintenance, rebuilding, or alteration, 14 C.F.R. 91. 409(a)(l) and (2):**  **Inspections & 14 C.F.R. 91.417 (a) and (b): Maintenance records** Maintenance inspections may be required and should be granted since they apply to aircraft with an airworthiness certificate. However I, Evan Brown, will perform both preflight and post
-flight inspections of the UAS before and after each flight as outlined in the operating documents. I, Evan Brown, will also follow manufacturer recommendations from said operating documents and keep a written record of any maintenance done to the UAS. Iam seeking exemption from the following rules: **14 C.F .R. Part 21, 14 C.F.R. 45.23(b), 14**  **C.F.R. 61.113(a)(b),**  **14 C.F.R.**  **91.7(a), 14**  **C.F.R. 91.119(d),**  **14 C.F.R.**  **91.151(a)(l), 14**  **C.P.R. 91.203(a)**  **and (b),**  **14 C.F.R.**  **91.405(a), 14**  **C.F.R. 91.407** **(a)(1), 14**  **C.F.R. 91.409(a)(l)**  **and (2),**  **14 C.F.R.**  **91.417(a) and**  **(b).** With the exemptions of the mentioned rules I, Henry Ashtian, will be seeking to make my UAS photography/videography services available to public and commercial interests. The FAA has authorized similar operations under Exemption Nos. 12045 and 12053. Alternatively, public and commercial interests had previously sought the use of manned aircraft to achieve what I can offer in a safer, more cost
-efficient and environmentally

-friendly manner by not using combustible fuel, flying at safe heights and strictly following the usagerecommendations from DJI safety . These include but are not limited to:

• Flying the DJI Phantom 3 safely in accordance with its operator's manual • Always flying below 400 feet, using the the DJI Inspire 1 , DJI Phantonm 3pro, 3DR Solo, and Splash Drones altitude limiter to ensure this. • Completing thorough inspection of UAS before and after flights and keeping inspection records with the craft at all times • Keeping the UAS in visual sight at all times when in operation • Using an observer to assist if needed • Remaining safely clear of and do not interfere with manned aircraft operations • Not flying directly over unprotected persons or moving vehicles • Not flying within 5 miles of an airport or control tower • Not flying in adverse weather conditions such as high winds, rain, or impaired visibility • Not flying under the influence of alcohol or drugs • Ensuring the operating environment is safe
• Not flying over sensitive infrastructure or property such as power stations, water treatment facilities, correctional facilities, etc. • Checking and following all local laws and ordinances before flying over private property • Not conducting surveillance or photographing persons in areas where there is an expectation of privacy without the individual's permission In addition to these above general standards **A. [DEFINITION]:**  A "model aircraft" is a non-human

-carrying aircraft capable of sustained flight in the atmosphere. This includes UAS such as the the DJI Inspire 1 , DJI Phantonm 3pro, 3DR Solo, and Splash Drones **1. Model aircraft will not be flown:** (a) In a careless or reckless manner. (b) At a location where model aircraft activities are prohibited. (c) The aircraft, control system and pilot skills have successfully demonstrated all maneuvers intended or anticipated prior to the specific event. (d) An inexperienced pilot is assisted by an experienced pilot.
**2. Model aircraft pilots will:** (a) Yield the right of way to all human

-carrying aircraft. (b) See and avoid all aircraft and a spotter must be used when appropriate. (c) Not fly higher than approximately 400 feet above ground level or within five miles of an airport.(d) Not interfere with operations and traffic patterns at any airport, heliport or seaplane

base. (e) Not exceed a take

-offweight (f) Ensure the aircraft is identified with the name and address or number of the owner on the inside or affixed to the outside of the model aircraft. (g) Not operate aircraft with metal

-blade propellers (h) Not operate model aircraft while under the influence of alcohol or while using any drug that could adversely affect the pilot's ability to safely control the model. (i) Not operate model aircraft carrying pyrotechnic devices that explode or bum, or any device which propels a projectile or drops any object that creates a hazard to persons or property. (J) Not operate a turbine

-powered aircraft

. **B. RADIO CONTROL (RC)** 1. All pilots shall avoid flying directly over unprotected people, vessels, vehicles or structures and shall avoid endangerment of life and property of others. 2. A successful radio equipment ground

-range check in accordance with manufacturer's recommendations will be completed before the first flight of a new or repaired model aircraft. 3. At all flying sites a safety line(s) must be established in front of which all flying takes place. (a) Only personnel associated with flying the model aircraft are allowed at or in front of the safety line. (b) At air shows or demonstrations, a straight safety line must be established. (c) An area away from the safety line must be maintained for spectators. (d) Intentional flying behind the safety line is prohibited. 4. RC model aircraft must use the radio

-control frequencies currently allowed by the Federal Communications Commission (FCC). 5. RC model aircraft will not knowingly operate within three (3) miles of any pre-existing flying site without a frequency

-management agreement
. 6. With the exception of events , excluding takeoff and landing, no powered model may be flown outdoors closer than 25 feet to any individual, except for the pilot and the pilot's helper(s) located at the flightline. 7. Under no circumstances may a pilot or other person touch an outdoor model aircraft in flight while it is still under power, except to divert it from striking an individual. 8. The pilot of an RC model aircraft shall:(a) Maintain control during the entire flight, maintaining visual contact without

enhancement other than by corrective lenses prescribed for the pilot. (b) Fly using the assistance of autopilot or stabilization system only in accordance with the procedures outlined

. **( C** **). FREE FLIGHT**  1. Must be at least 100 feet downwind of spectators and automobile parking when the model aircraft is launched. 2. Launch area must be clear of all individuals except mechanics, officials, and other fliers. 3. An effective device will be used to extinguish any [fire] on the model aircraft. 4. The flying area must be clear of all utility wires or poles and a model aircraft will not be flown closer than 50 feet to any above

-ground electric utility lines. 5. The flying area must be clear of all nonessential participants and spectators before the engine is started.

Srincerely, HENRY E. ASHTIAN 3228 ANNA'S FANCY 57 ST. THOMAS, U.S.V.I. 00802 ASHTIAN01@HOTMAIL.COM (340) 244

-5116