UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL AVIATION ADMINISTRATION WASHINGTON, DC

Regulatory Docket No. _______________

IN THE MATTER OF THE PETITION FOR EXEMPTION OF: ARTYOM (ART) KHACHATOUROV FOR AN EXEMPTION SEEKING RELIEF 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 OPER
ATION OF DJI PHANTOM 3 PROFESSIONAL UNMANNED AIRCRAFT SYS
TEMS PURSUANT TO SECTION 333 OF THE FAA MODERNIZATION AND REFORM ACT OF 2012 (PUBLIC LAW 112-95)

Submitted on March 8, 2016 Artyom (Art) Khachatourov 323 1/4 N Alexandria Avenue Los Angeles, CA 90004 Tel: (818) 331-0050TABLE 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.............................................................7 THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH ARTYOM (ART) KHACHATOUROV SEEKS EXEMPTION.................................................................. 8 THE EXTENT OF RELIEF ARTYOM (ART) KHACHATOUROV SEEKS AND THE REASON ARTYOM (ART) KHACHATOUROV SEEKS THE RELIEF..... ....................11 THE REASONS WHY GRANTING ARTYOM (ART) KHACHATOUROV’S REQUEST WOULD BE IN THE PUBLIC INTEREST ... ......................................................15 THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT AD

VERSELY AFFECT SAFETY..........................................................................19 SUMMARY THAT CAN BE PUBLISHED IN THE FEDERAL REGISTER......34 ANY ADDITIONAL INFORMATION, VIEWS, OR ARGUMENTS AVAILABLE TO SUPPORT ARTYOM (ART) KHACHATOUROV ’S REQUEST.........34 CONCLUSION....................................................................................................................36 APPENDICES........................................................................................38

2GLOSSARY 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) Sec

tion 333 SO Safety Observer SOP Standard Operating Procedures UA Unmanned Aircraft UAS Unmanned Aircraft System VFR Visual Flight Rules VLOS Visual Line of Site VMC Visual Meteorological Conditions VTOL Vertical Takeoff and Landing

3SUMMARY Artyom (Art) Khachatourov 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 Artyom (Art) Khachatourov to operate an Unmanned Aircraft System (UAS) for the com

mercial purpose of conducting aerial video and photography of construction sites, real es

tate, and landscape over certain areas of the United States. INTRODUCTION AND INTERESTS OF THE PETITIONER Artyom (Art) Khachatourov provides its clients with expertise and knowledge in advanced technologies and solutions to increase efficiency, productivity and effectiveness. Artyom (Art) Khachatourov has over 4 years recreational/hobby experience in all aspects of aerial video and photography. The objective of Artyom (Art) Khachatourov ’s aerial video and photography operations is to provide high quality imaging for a variety of com

mercial, public, and residential uses, specifically targeting:

• Provide Clients with aerial shots for residential and/or commercial properties

• Motion Picture Filming

• Aerial acquisitions used for inspections of public and private structures.

• Increase public knowledge of UAS and promote safe UAS operations.

4BACKGROUND Unmanned Aircraft Systems: (2) DJI Phantom 3 Professional with 4K video. Artyom (Art) Khachatourov seeks an exemption to operate DJI systems for compensation or hire within

the NAS. The DJI Phantom 3 Professional is a vertical takeoff and landing (VTOL) Un

manned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart phone systems. The DJI Phantom 3 Professional has a maximum gross weight of ap

proximately 2 pounds 11 ounces, while having a length of 16 inches width of 16 inches, height of 8 inches, and a maximum speed of approximately 29 knots. The DJI Phantom 3

Professional is equipped with four main rotors; driven by Lithium Polymer battery pow

ered electric motors. The DJI Phantom 3 Professionals UAs that will be operated by Artyom (Art) Khachatourov are 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 Marking

. BASIS FOR PETITION Petitioner, Artyom (Art) Khachatourov, 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 Professional UASs 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).

5In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and its operation, Artyom (Art) Khachatourov ’s operation of DJI Phantom 3 Professional UASs meets the conditions of FMRA Section 333 and there

fore, will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Accordingly, Artyom (Art) Khachatourov requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), as these sections set forth re

quirements for maintenance that only apply to aircraft with an airworthiness certificate. Artyom (Art) Khachatourov submits that the requested relief is proper since an equivalent level of safety will be ensured. Artyom (Art) Khachatourov will use experi

enced personnel or technicians to perform maintenance, alterations, or preventive mainte

nance on the UASs using the methods, techniques, and practices prescribed in the operat

ing documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Professional). Fur

thermore, Artyom (Art) Khachatourov will document and maintain all maintenance records for the DJI Phantom 3 Professional UASs. Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in command , is requested by Artyom (Art) Khachatourov 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, that the PIC is able to safely operate the DJI Phantom 3 Professional UASs in a manner consistent with this exemption,

6including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. Artyom (Art) Khachatourov seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness , because the DJI Phantom 3 Professional UASs do not require an airworthi

ness certificate in accordance with 14 C.F.R. Part 21, Subpart H. As such, Artyom (Art) Khachatourov submits that he will ensure that the DJI Phantom 3 Professional UASs are in an airworthy condition, prior to every flight, by determining that the UASs are in compli

ance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Professional Instruction Manual), and that the aircraft are in a condition for safe flight. Artyom (Art) Khachatourov also seeks an exemption from the requirements of Sec

tion 91.121, entitled Altimeter Settings , as the DJI Phantom 3 Professional UAs will not have a typical barometric altimeter onboard. However, altitude information of the DJI Phantom 3 Professional UAs will be provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, com

bined with Artyom (Art) Khachatourov’s operation of the DJI Phantom 3 Professional UASs within visual line of sight, at or below 12 00 feet AGL, will ensure a level of safety equivalent to Section 91.121. Additionally, Artyom (Art) Khachatourov seeks an exemption from the require

ments of Section 91.151(b), entitled Fuel requirements for flight in VFR conditions . Arty

om (Art) Khachatourov submits that safety will not be affected by operation of the DJI Phantom 3 Professional UAs during daylight hours in visual meteorological conditions

7(VMC) under visual flight rules (VFR), with enough battery power to fly for a total dura

tion of approximately 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. In accordance with 14 C.F.R. § 11.81, Artyom (Art) Khachatourov provides the fol

lowing 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: Artyom (Art) Khachatourov 323 1/4 N Alexandria Avenue Los Angeles, CA 90004 Tel: (818) 331-0050 email: Art.khachaturov@gmail.com B. The Specific Sections Of 14 C.F.R. From Which Artyom (Art) Khachatourov Seeks Exemption. 1. Artyom (Art) Khachatourov 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 private pilot may, for compensation or hire, act as PIC of an aircraft in con

nection 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. Artyom (Art) Khachatourov Seeks Exemption From The Requirements Of Section 91.7(a). Section 91.7, entitled Civil aircraft airworthiness , subsection (a), states the follow

ing:
8(a) No person may operate a civil aircraft unless it is in an airworthy condition. 3. Artyom (Art) Khachatourov 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 the cruising altitude or flight level of that aircraft, as the case may be, by reference to an altimeter that is set, when operating-- (1) 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, the elevation of the departure airport or an appropriate altimeter setting available before departure. 4. Artyom (Art) Khachatourov 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 (con

sidering wind and forecast weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 20 minutes. 5. Artyom (Art) Khachatourov Seeks Exemption From The Requirement Of Section 91.405(a). Section 91.405, entitled Maintenance required , subsection (a), states the following: Each 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 sec

tion, have discrepancies repaired as prescribed in part 43 of this chapter[.]

96. Artyom (Art) Khachatourov Seeks Exemption From The Requirements Of Section 91.407(a)(1) Section 91.407, entitled Operation after maintenance, preventive maintenance, re

building, or alteration , subsection (a)(1), states the following: (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. Artyom (Art) Khachatourov 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 aircraft 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. Artyom (Art) Khachatourov 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 fol

lowing: (a) Except for work performed in accordance with §§ 91.411 and 91.413, each reg

istered owner or operator shall keep the following records for the periods speci

fied in paragraph (b) of this section: (1) Records 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

10(iii) The signature, and certificate number of the person approving the air

craft 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, pro

peller, 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 air

craft 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 re

quired. (vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each ma

jor alteration to the airframe and currently installed engines, rotors, propellers, and appliances. (b) The owner or operator shall retain the following records for the periods pre

scribed: (1) 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. (2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the aircraft at the time the aircraft is sold. (3) 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 service. C. The Extent Of Relief Artyom (Art) Khachatourov Seeks And The Reason Artyom (Art) Khachatourov Seeks The Relief. 1. Extent Of Relief Artyom (Art) Khachatourov Seeks And The Reason Arty
om (Art) Khachatourov Seeks Relief From Section 61.113(a) And (b). Relief from Section 61.113(a) and (b) entitled Private pilot privileges and limita

tions: Pilot in command , is requested to the extent necessary to allow a PIC holding a pri

11vate pilot or higher level certificate, as well as a current and valid airman medical certifi

cate, and who has met certain flight-hour and currency requirements, to conduct the pro

posed 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 compensation or hire, act as PIC of an aircraft in connec

tion 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 compensa

tion or hire. As set forth more fully below, Artyom (Art) Khachatourov submits that an equiva

lent level of safety will be maintained because no PIC will be allowed to operate the DJI Phantom 3 Professional UAS unless that PIC has met certain flight-hour and currency re

quirements, demonstrating that the PIC is able to safely operate either the DJI Phantom 3 Professional UAS in a manner consistent with the operations specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining ap

propriate distances from people, vessels, vehicles and structures. Further, Artyom (Art) Khachatourov submits that all flights of the DJI Phantom 3 Professional UASs, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to Artyom (Art) Khachatourov ’s business; and (2) will not carry passengers or property for compensation or hire. 2. Extent Of Relief Artyom (Art) Khachatourov Seeks And The Reason Arty
om (Art) Khachatourov Seeks Relief From Section 91.7(a). Relief from Section 91.7(a) entitled Civil aircraft airworthiness , is requested to the extent required to allow Artyom (Art) Khachatourov to determine that the DJI Phantom 3
12Professional UASs are in airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents (i.e., the Artyom (Art) Khachatourov Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Professional Instruction Manual). Artyom (Art) Khachatourov seeks the requested relief because the DJI Phantom 3 Professional UASs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, Artyom (Art) Khachatourov will ensure that the DJI Phantom 3 Professional UASs are in airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 3 Professional Instruction Manual) prior to every flight, and further, determine that the aircraft are in con

dition for safe flight, as stated in the conditions and limitations below. 3. Extent Of Relief Artyom (Art) Khachatourov Seeks And The Reason Arty
om (Art) Khachatourov 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 Professional UASs, which utilize a barometric pres

sure 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 reported to air traffic control (ATC) in feet above ground level (AGL), Artyom (Art) Khachatourov seeks the requested relief because the DJI Phantom 3 Professional UA’s altimeter may be set on the ground to zero feet AGL, rather than the local barometric pressure or field altitude, be

fore each flight.

13Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent necessary to comply with the applicable conditions and limi

tations stated below. As more fully set forth herein, an equivalent level of safety will be maintained since the DJI Phantom 3 Professional UAs are equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level pres

sure setting will be established prior to each flight, and provides the PIC with altitude in

formation of the UA on the heads-up display of the GCS. 4. Extent Of Relief Artyom (Art) Khachatourov Seeks And The Reason Arty
om (Art) Khachatourov Seeks Relief From Section 91.151(b). Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR condi

tions, is requested to the extent required to allow flights of the battery powered DJI Phan

tom 3 Professional UAs during daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 13.5 minutes to the first point of in

tended landing and, assuming normal cruising speed, to fly after that for at least 4.5 min

utes. Artyom (Art) Khachatourov seeks the requested relief because without an exemption from Section 91.151(b), the flight time duration of the battery powered DJI Phantom 3 Professional UAs will severely constrain the practicality of any aerial video or still photo flight operations that Artyom (Art) Khachatourov proposes to conduct pursuant to this Pe

tition. Significantly, as set forth below, the technical specifications of the DJI Phantom 3 Professional UASs, the DJI Phantom 3 Professional operating documents, and Artyom (Art) Khachatourov’s proposed operating limitations, ensure that Artyom (Art) Khacha

tourov will safely operate the battery powered DJI Phantom 3 Professional UAs during
14daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 min

utes. 5. Extent Of Relief Artyom (Art) Khachatourov Seeks And The Reason Arty
om (Art) Khachatourov 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, Artyom (Art) Khachatourov re

quests relief from these Sections because the DJI Phantom 3 Professional UASs do not re

quire airworthiness certificates. As set forth more fully below, the DJI Phantom 3 Profes

sional UASs meet the conditions of FMRA Section 333 for operation without an airworthi

ness certificate. Accordingly, Artyom (Art) Khachatourov will use trained technicians to perform maintenance, alterations, or preventive maintenance on the UASs using the meth

ods, techniques, and practices prescribed in the UAS operating documents (i.e., the Artyom (Art) Khachatourov Aerial Operations Manual, Monthly Maintenance Log, and DJI Phan

tom 3 Professional Instruction Manual). Furthermore, Artyom (Art) Khachatourov will document and maintain all maintenance records for the DJI Phantom 3 Professional UASs. D. The Reasons Why Granting Artyom (Art) Khachatourov ’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 public interest by allowing Artyom (Art) Khachatourov to safely, efficiently, and economically perform aerial video and pho

tography of construction sites, real estate, and landscape over certain areas of the United States.
15Additionally, use of the DJI Phantom 3 Professional UASs will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of Artyom (Art) Khachatourov’s proposed operation of the DJI Phantom 3 Profes

sional UASs will be realized without implicating any privacy issues. 1. The Public Will Benefit From Decreased Congestion Of The NAS. The DJI Phantom 3 Professional UAs are battery powered and serve as a safe, effi

cient, and economical alternative to the manned aircraft traditionally utilized to obtain aer

ial imagery. By reducing the amount of manned aircraft needed to perform aerial acquisi

tions, an exemption allowing the use of a DJI Phantom 3 Professional UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as in

crease 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 Professional UAs do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photography missions would re

sult in fewer aircraft that must be handled by air traffic control during the ground, takeoff, departure, arrival, and landing phases of flight operations. 2. The Public Will Benefit From The Safety And Efficiency Of The DJI Phan
tom 3 PROFESSIONAL UASs. Conducting aerial acquisitions with the DJI Phantom 3 Professional UASs, instead of manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution generated during traditional aerial video and still photography flight

16operations. By using battery power and electric motors, the DJI Phantom 3 Professional UASs produce no air pollution, and is the most viable environmentally conscious alterna

tive to the cabin class, six cylinder internal combustion engine aircraft that are typically utilized for aerial video and photography, while burning approximately 20-30 gallons per hour of leaded aviation fuel. The DJI Phantom 3 Professional UAs, while reducing the car

bon footprint of aerial acquisitions, also eliminates noise pollution, as the UAs are pro

pelled by battery powered electric motors, rather than an internal combustion engine. By using the DJI Phantom 3 Professional UASs to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is usually associat

ed with traditional manned aircraft flight operations, will be substantially reduced or com

pletely eliminated. Aside from the lack of flight crew members located onboard the air

craft, the DJI Phantom 3 Professional UAs (weighing approximately 2 pounds 11 ounces at their maximum gross weights with lengths of 16 inches and with no fuel on board), has less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typically 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 Phan
tom 3 PROFESSIONAL UASs Will Benefit The Economy. In addition to being safe and efficient, the DJI Phantom 3 Professional UASs are also an economical alternative to using manned aircraft to conduct similar aerial opera

tions. As such, operation of the DJI Phantom 3 Professional UASs will allow United States

17based companies, like Artyom (Art) Khachatourov, to remain competitive and contribute to growth of the U.S. economy. Specifically, with the rising cost of aviation fuel and the En

vironmental Protection Agency (“EPA”) regulatory actions phasing out leaded aviation fu

els, U.S. owned and operated companies must adopt new and alternative technology in or

der to remain competitive. Operating the battery powered DJI Phantom 3 Professional UASs is one such technology that not only allows companies greater operational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft. By operating the DJI Phantom 3 Professional UASs, companies such as Artyom (Art) Khachatourov, can remain competitive and profitable, and therefore, provide greater job stability to employees and contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial performance of U.S. companies, through commer

cial use of the DJI Phantom 3 Professional UASs, provides a stable workforce that increas

es consumer spending; improves local, state, and federal tax revenues; and allows compa

nies to invest in research and development in order to remain competitive both in the Unit

ed States and abroad. 4. There Are No Privacy Issues. Similar to the manned aerial acquisition flight operations that have been conducted for decades, Artyom (Art) Khachatourov’s proposed operation of the DJI Phantom 3 Profes

sional UASs will not implicate any privacy issues. Specifically, the DJI Phantom 3 Profes

sional UASs will be operated only in compliance with operating documents (i.e., the Arty

om (Art) Khachatourov Aerial Operations Manual, Monthly Maintenance Log, and DJI

18Phantom 3 Professional Instruction Manual) which requires property owner involvement as well as local law enforcement notification, and in accordance 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 Not Adversely Affect Safety, Or How The Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The Rule From Which Artyom (Art) Khachatourov Seeks Exemption. 1. Reasons Why The DJI Phantom 3 PROFESSIONAL UAs Meet The Condi
tions 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, Artyom (Art) Khachatourov’s operation of the DJI Phantom 3 Professional UASs meet the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Section 333 provides authority for a UAS to operate without airworthiness certifi

cation and sets forth requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security. Specifically, 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 Secretary of Transportation shall determine if certain unmanned aircraft systems may oper

ate safely in the national airspace system before completion of the plan and rulemaking required by section 332 of this Act or the guidance required by sec

tion 334 of this Act. (b) Assessment 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 any, as a result of their size, weight, speed, operational capability, proximity to airports and populated areas, and operation within visual line of sight do not create a hazard to users of the national airspace system or the public or pose a threat to national security; and
19(2) whether a certificate of waiver, certificate of authorization, or airwor

thiness 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 sec

tion that certain unmanned aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements for the safe opera

tion of such aircraft systems in the national airspace system. In seeking this exemption, Artyom (Art) Khachatourov submits that the DJI Phan

tom 3 Professional UASs can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) the characteristics of the DJI Phantom 3 Professional UASs; (b) the pilot certification requirement; and (c) the specific operating limitations. a. The Specifications Of The DJI Phantom 3 PROFESSIONAL UASs Demonstrate Its Safe Characteristics. The DJI Phantom 3 Professional UASs do not create a hazard to users of the NAS or the public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability. i. Technical Specifications Of The DJI Phantom 3PROFESSIONAL UASs. The technical specifications of the DJI Phantom 3 Professional UASs are set forth by the DJI Phantom 3 Professional Specifications and Data Sheet, attached hereto as Ex

hibit A and B. ii. The DJI Phantom3 PROFESSIONAL UASs Autonomous Flight And Navigation Modes Enable The UASs To Remain Within A Defined Operational Area. The DJI Phantom 3 Professional UASs may be operated in both manual and fully autonomous flight modes. A complete description of the flight and navigational modes of
20the DJI Phantom 3 Professional UASs is provided at pages 25-35 of the DJI Phantom 3 Professional iii. The DJI Phantom 3 PROFESSIONAL UASs Are Designed For Automatic Return To Home Point Or Hover In The Event Of Loss Of The Control Link Or Nav
igation.
When the Control Link is lost, the DJI Phantom 3 Professional UAs will remain stationary, in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 3 Profes

sional UAs do not reacquire 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 Functions of the DJI Phantom 3 Professional UAS are set forth at pages 27 through 29 iv. The DJI Phantom 3 Professional GCS And Its Operation.
A complete description of the operation and specifications of the DJI Phantom 3 Professional GCS and flight control software is provided at pages 32 through 43 of the DJI Phantom 3 Professional User Manual and pages 40 through 47 b. Flight Operations Of DJI Phantom 3 Professional UASs Are Limited To The Line Of Sight Of A Certificated Pilot in Command With A Safety Observer. Artyom (Art) Khachatourov will only utilize certificated pilots who possess a cur

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

21Phantom 3 Professional UASs. Additionally, a safety observer will assist all pilots during flight time. c. Flights Of DJI Phantom 3 Professional UASs Will Be Conducted Pur
suant To Specific Operating Limitations. In seeking this exemption, Artyom (Art) Khachatourov proposes to commercially operate DJI Phantom 3 Professional UASs for the special purpose of conducting aerial video and photography over certain areas of United States, pursuant to the following spe

cific 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 maximum gross weight: DJI Phantom 3 Professional Unmanned Aircraft Systems. Proposed operations of any other aircraft will require a new petition or a petition to amend this grant. 2. UAS operations under 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 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 docu

ments unless a special request is made and approved by ATC. All altitudes re

ported 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 unaided by any de

vice other than corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate. 6. The use of first person view (FPV) by the PIC or safety observer (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 capability. The SO and PIC must be able to communicate verbally at all times. Electronic messaging or texting is not permitted during flight operations. The PIC must be

22designated before the flight and cannot transfer his or her designation for the du

ration of the flight. The PIC must ensure 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 obstacles/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 request. If a dis

crepancy exists between the conditions and limitations contained in the grant of exemption and the procedures outlined in the operating documents, the condi

tions and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the operator must follow the procedures as out

lined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such revisions and present updated and revised documents to the 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 determines that any update or revision would affect the basis upon which the FAA granted the exemption, then the operator must petition for amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS-80) may be contacted if questions arise re

garding updates or revisions to the operating documents. 10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condi

tion for 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 maintenance 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 in

spection. All maintenance and alterations must be properly documented in the aircraft records. 11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g. replacement of a flight critical compo

nent, must undergo a functional test flight. The PIC who conducts the function

al test flight must make an entry in the aircraft records. 12. The pre-flight inspection must account for all potential discrepancies, e.g. inop

erable components, items, or equipment, not already covered in the relevant sections of the operating documents. 13. The operator must follow the UAS manufacturer’s aircraft/component, mainte

nance, overhaul, replacement, inspection, and life limit requirements.
2314. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance with the operating documents. Maintenance, in

spection, alterations, and status of replacement/overhaul component parts must be noted in the aircraft records, including total time in service, description of work accomplished, and the signature of the authorized person returning the UAS to service. 15. Each UASs 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 correc

tive 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 unless the PIC meets the opera

tor’s qualification criteria and demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under the ex

emption, including evasive and emergency maneuvers and maintaining appro

priate distances from 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 operations may only be conducted during dedicated training sessions. During training, proficiency, and experi

ence-building flights, all persons not essential for flight operations are consid

ered nonparticipants, and the PIC must operate the UA with appropriate dis

tance 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 required, a special request will be made at the FAA office closest to proposed area of operations. Flights under special visual flight rules (SVFR) are not authorized. 20. The UA may not operate within 5 nautical miles of an airport reference point as denoted on a current FAA-published aeronautical chart unless a letter of agree

ment 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 Adminis

trator upon request.

2421. The UA 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 loses communications or loses its GPS signal, it must return to a predetermined 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 unpredicted obstacles or emergen

cies in accordance with the operating documents. 24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions) there is enough power to fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining. 25. The operator must obtain an Air Traffic Organization (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 hours prior to the operation. All operations shall be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements. 26. All aircraft operated in accordance with the exemption must be identified by serial number, registered in accordance with 14 C.F.R. part 47, and have identi

fication (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 spectrum used for operation and control of the UA must comply with the Federal Communications Commis

sion (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 avail

able to the PIC at the Ground Control 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 op

erations and activities at all times. 30. The UAS may not be operated by the PIC from any moving device or vehicle.

2531. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and structures unless: a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The opera

tor must ensure that nonparticipating persons remain under such protec

tion. If a situation arises where nonparticipating persons leave such pro

tection and are within 500 feet of the UA, flight operations must cease immediately and/or; b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted per

mission and the PIC has made a safety assessment of the risk of operat

ing closer to those objects and determined that it does not present an un

due 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 controlled-access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be ob

tained for each flight to be conducted. 33. Any incident, accident, or flight operation that transgresses the lateral or verti

cal boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS-80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov

. 2. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) Would Not Adversely Affect Safety. Artyom (Art) Khachatourov submits that the equivalent level of safety established by Section 61.113(a) and (b) will be maintained because no PIC will be allowed to operate the DJI Phantom 3 Professional UASs unless that PIC has demonstrated, by meeting min

imum flight-hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 Professional UAS in a manner consistent with the exemption, including evasive
26and emergency maneuvers and maintaining appropriate distances from people, vessels, ve

hicles and structures. Considering Artyom (Art) Khachatourov’s proposed area of operations, and the op

erating limitations set forth-above; the parallel nature of private pilot aeronautical knowl

edge requirements to those of commercial pilot requirements (See Exemption No. 11062); and the airmanship skills necessary to safely operate the DJI Phantom 3 Professional UAS, Artyom (Art) Khachatourov submits that the additional manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills necessary for Artyom (Art) Khachatourov ’s specific proposed flight operations. The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Ex

emption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161). Artyom (Art) Khachatourov will not allow any PIC to operate the DJI Phantom 3 Professional UAS unless that PIC has demonstrated, by meeting minimum flight-hour re

quirements or the DJI Phantom 3 Professional UAS training and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 Professional UAS in a manner consistent with this exemption, including evasive and emergency maneuvers and maintain

ing appropriate distances from people, vessels, vehicles and structures. Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 hours of total time as a UAS rotorcraft pilot (with a mini

mum of 5 hours of those hours as a UAS pilot operating the same make and model of UAS

27to 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 pur

poses). As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experi

ence that was obtained in compliance with applicable regulations will ensure an equivalent level of safety during Artyom (Art) Khachatourov ’s proposed operations. The Administra

tor 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 manner 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 pi

lot 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 model time may be in

cluded 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 currency purposes). The FAA finds that at a minimum, the flight-hour requirements in Ex

emption 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 toaccomplish the required flight time. During training, proficiency, and experiencebuilding flights the PIC is required to operate the UA with appropriate distances in accordance with 14 C.F.R 91.119. Exemption No. 11138 at page 15. Accordingly, Artyom (Art) Khachatourov will ensure safe operations by not allow

ing any PIC to operate the DJI Phantom 3 Professional UAS unless that PIC has demon

28strated, by meeting minimum flight-hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 3 Professional UAS in a manner consistent with the ex

emption, including evasive and emergency maneuvers and maintaining appropriate dis

tances from people, vessels, vehicles and structures. 3. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not Adversely Affect Safety. The equivalent level of safety established by Section 91.7(a) will be maintained because prior to every flight, Artyom (Art) Khachatourov will ensure that the DJI Phantom 3 Professional UAS is in an airworthy condition based upon the UAS’s compliance with its operating documents and as stated in the conditions and limitations herein. Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. Ex

emption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 4. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not Adversely Affect Safety. The equivalent level of safety established by Section 91.121 will be maintained be

cause the altitude information of the DJI Phantom 3 Professional UAs will be provided to the PIC via GPS equipment and a radio communications telemetry data link, which down

links from the UA to the GCS for active monitoring of the flight path and altitude. This al

titude information, combined with Artyom (Art) Khachatourov’s operation of the DJI Phantom 3 Professional within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information will be generated by

29GPS equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically established by the UASs at ground level. The FAA has previously granted relief from Section 91.121 specific to UAS, in cir

cumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 5. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not Adversely Affect Safety. A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b) as a result of (1) the technical specifications of the DJI Phan

tom 3 Professional UASs; (2) the limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, Artyom (Art) Khachatourov will ensure that it will safely operate the battery powered DJI Phantom 3 Professional UAs dur

ing daylight hours in VFR conditions, with enough battery power to fly for a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 4.5 minutes. Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 3 Professional UASs; the limitations on the proposed flight operations; and the location of the proposed operations, will ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety will be ensured as the DJI Phantom 3 Professional UASs provide audible and visual warnings to the PIC at the GCS when the UAs experi

ences low battery voltage, the first warning occurring at approximately 33% remaining bat

30tery power, and again at approximately 10% remaining battery power. At the critically low battery level, the DJI Phantom 3 Professional UASs will descend and land automatically. Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety is not adversely affected when the technical characteristics and operat

ing limitations of the UAS are considered. Relief has been granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151, including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from Section 91.151 specific to UAS, in circumstances similar, in all material respects, to those present

ed herein (e.g. Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 6. Reasons Why An Exemption From The Requirements Of Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety. In seeking this exemption, Artyom (Art) Khachatourov submits that the equivalent level of safety with regard to the regulatory maintenance and alteration requirements estab

lished by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) will be met because Artyom (Art) Khachatourov will use trained technicians to perform main

tenance, alterations, or preventive maintenance on the UASs using the methods, tech

niques, and practices prescribed in the operating documents (i.e., the Artyom (Art) Khacha

tourov Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 3 Profes

sional Instruction Manual). Furthermore, Artyom (Art) Khachatourov will document and maintain all maintenance records for the DJI Phantom 3 Professional UASs.

31Since the DJI Phantom 3 Professional UASs will be inspected as prescribed by the operating documents, Artyom (Art) Khachatourov will maintain the equivalent level of safety established by Sections 91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI Phantom 3 Professional User Manuals are attached hereto as Exhibit A and B; a copy of the DJI Phantom 3 Professional UAS Maintenance LOG is attached hereto as Exhibit C

. Likewise, the exemption sought will not adversely affect safety because Artyom (Art) Khachatourov will use trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, techniques, and practices pre

scribed by the operating documents. Furthermore, the exemption sought would maintain an equivalent level of safety established by Sections 91.407, 91.417(a) and 91.417(b), because all maintenance of the DJI Phantom 3 Professional UASs will be performed by trained technicians. Maintenance will be documented and maintained utilizing the monthly maintenance log. Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) establish that safety is not adversely affected when the technical characteristics and operating limitations of the UAS are considered. In consideration of Artyom (Art) Khachatourov’s proposed operating limitations, the operating documents, and the technical aspects of the DJI Phantom 3 Professional UASs, Artyom (Art) Khachatourov submits that safety will not be adversely affected by granting exemption from 14 C.F.R. Sections 91.405(a), 91.407(a)(1) and (a)(2), 91.409(a) (2), and 91.417(a) and (b). The FAA has previously granted relief specific to UAS in cir

32cumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 7. The FAA May Prescribe Any Other Conditions For Safe Operation. In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 21.16 entitled Special Conditions, Artyom (Art) Khachatourov requests that the FAA prescribe special conditions for the intended operation of the DJI Phantom 3 Professional UASs, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 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). Such special conditions will permit safe operation of the UAs for the limited purpose of conducting aerial video and photography over certain areas of the United States for compensation or hire. FMRA Sec

tion 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to operate without airworthiness certification in ac

cordance with any requirements that must be established for the safe operation of the UAS in the NAS. Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R. § 21.16, for operation of the DJI Phantom 3 Professional UASs, since the airworthiness regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards,

33due to the novel or unusual design features of the aircraft. Section 21.16, entitled Special Conditions, states the following: If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the aircraft, aircraft engine or pro

peller, he prescribes special conditions and amendments thereto for the product. The special conditions are issued in accordance with Part 11 of this chapter and contain such safety standards for the aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent to that established in the regulations. See 14 C.F.R. § 21.16. Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special conditions for Leading Edge’s intended operation of the DJI Phan

tom 3 Professional UASs, which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 C.F.R. Part 21, Subpart H, and 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). F. A Summary That Can Be Published In The Federal Register, stating: The Rules From Which Artyom (Art) Khachatourov Seeks Exemption: Artyom (Art) Khachatourov seeks exemption from the requirements of 14 C.F.R Sec

tions 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). A Brief Description Of The Nature Of The Exemption Artyom (Art) Khacha
tourov Seeks: This exemption will permit Artyom (Art) Khachatourov to commercially operate an Unmanned Aircraft System (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States. G. Any Additional Information, Views, Or Arguments Available To Support Artyom H. (Art) Khachatourov’s Request.

34This Petition is made pursuant to the FAA Modernization and Reform Act of 2012 (FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate safely in the NAS. As such, Artyom (Art) Khachatourov ’s request for exemption may be granted pursuant to the authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose a threat to national se

curity; and further, provides the authority for such UAS to operate without airworthiness certification. As discussed in detail above, Artyom (Art) Khachatourov will operate the DJI Phantom 3 Professional UASs safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise pose a threat to national security. CONCLUSION As set forth herein, Artyom (Art) Khachatourov seeks an exemption pursuant to 14 C.F.R. § 11.61 and Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the DJI Phantom 3 Professional UASs com

mercially, without an airworthiness certificate, for the limited purpose of conducting aerial video and photography over certain areas of the United States. By granting this Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modern

ization and Reform Act of 2012, while also advancing the interests of the public, by allow

35ing Artyom (Art) Khachatourov to safely, efficiently, and economically operate the DJI Phantom DJI Phantom 3 Professional UASs commercially within the NAS. WHEREFORE , in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act of 2012, Section 333, Artyom (Art) Khachatourov respect

fully requests that the Administrator grant this Petition for an exemption from the require

ments 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 Leading Edge to op

erate the DJI Phantom 3 Professional UASs commercially for the purpose of conducting aerial video and photography over certain areas of the United States. Dated: March 8, 2016

Respectfully submitted, Artyom (Art) Khachatourov

_________________________ Artyom (Art) Khachatourov 323 1/4 N Alexandria Avenue Los Angeles, CA 90004 Tel: (818) 331-0050

Appendices : A – DJI Phantom 3 Professional Specifications Data Sheet B – DJI Phantom 3 Professional Manufacturer’s User Manual C – Monthly Maintenance Log
36APPENDIX – A DJI PHANTOM 3 PROFESSIONAL TECHNICAL SPECIFICATIONS Nicholas M. Brown only utilizes safe and reliable UASs. DJI is an industry leader in small UAS production. DJI UASs are loaded with ground breaking software enabling the 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 software provides real-time altitude and location information to the PIC via the linked monitor (smart phone/tablet devices) 1.1 DJI Phantom 2 Vision+ 1.1.1 Aircraft 1.1.1.1 Supported Battery – DJI 4480 mAH LiPo Battery 1.1.1.2 Weight (Battery & Propellers Included) – 2lbs 11.830oz (1280g) 1.1.1.3 Hover Accuracy (Ready to Fly) – Vertical: .8m; Horizontal: 2.5m 1.1.1.4 Max Yaw Angular Velocity - 200 0 /s 1.1.1.5 Max Tilt Angel - 35 0 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 0

371.1.2.3 Controllable Range – Pitch: -90 0 - 0 0 1.1.2.4 Maximum Angular Speed – Pitch: 90 0 /s 1.1.3 Camera 1.1.3.1 Operating Temperature Range - 32 0 F - 104 0 F (0 0 C - 40 0 C) 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 0 /85 0
1.1.4 Transmitter 1.1.4.1 Operating Frequency – 5.728GHz – 5.85GHz 1.1.4.2 Communication Distance (unobstructed) – FCC Compliance: 800m 1.1.4.3 Receiver Sensitivity (1%PER) - -93dBm 1.1.4.4 Transmitter Power – FCC Compliance: 100mW 1.1.4.5 Working Voltage – 120mA@3.7V 1.1.5 Range Extender 1.1.5.1 Operating Frequency – 2412-2462MHz 1.1.5.2 Communication Distance (unobstructed) – 500-700m 1.1.5.3 Transmitter Power – 20dBm 1.1.5.4 Power Consumption – 2W

38APPENDIX – B

DJI Phantom 3 Professional Manufacturer’s User Manual

39APPENDIX – C

40