November 15 , 2015

FROM: Ronlad Mehran Loghmani 10859 Via Los Narcisos Apt B San Diego CA, 92129

619

- 995

- 4490 ronloghmani@gmail.com

TO: U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., S.E. Washington, DC 20590

Subject: Exemption Request under Section 333 of the FAA Reform Act and Part 11 of the Federal Aviation Regulations contained in 14 CFR: 45.23(b), 91.103, 91.109, 91.119, 91.121, 91.151(a), 91.203(a), 91.7(a), 91.9(b)(2), 91.405(a), 91.407(a)(1),

91. 409(a)(2), 91.417(a)(b).

To whom it may concern:

I am writing the exemption request on my own behalf, acting as pro pur

– without

counsel.

Pursuant to section 333 of the FAA Modernization and Reform Act of 2012 (the “reform Act”) and C.F.R. Part 11, Ron ald Mehran Loghmani (petitioner, applicant, operator, operational control). Owner and operator of a Small Unmanned Aircraft System (sUAS) seek exemption from Federal Aviation Regulations detailed herein for the operation of lightweight aerial imaging equip ment f o r

the purpose of aerial photography, videography, and for search and rescue operations.

The reason this applicant requesting exemptions from listed Federal aviation Regulations is to allow for commercial operation of the sUAS to collect aerial imag es/video for real estate, wedding, newsgathering, and search and rescue events so long as such operations are conducted within and under the conditions outlined herein or as may be established by the FAA as required by section 333.1.

The Petitioner/Operation:

The petitioner

– Ronald Mehran Loghmani has been a licensed pilot since 1993 currently holding an Airline Transport Pilot Certific ate (#2524382) for Multi Engine Land and CE

500 (Cessna Citation II Jet) type, and commercial pilot pri vil e ges for single Engine Land Airplane. The petitioner also holds a Certified Flight Instructor Certificate (#2524382CFI) for Airplane Single/Multi Engine and Instrument Airplane. The petitioner

has 7378 hours total time, and has served as Chief Flight I n structor / Check Instructor forCalifornia Flight Academy for three years

.

The petitioner has 3 years experience in aerial photography from Ces sna 172 ,172RG manned aircraft platform. The petitioner has been flying model aircraft for many years including new sUAS ‘quadcopters’.

The petitioner has instilled safety protocols derived from his training as a manned

- aircraft professional pilot in combinati on with working with interests on the ground to avoid and prevent abs UAS being a public hazard both in the air and on the ground. The petitioner is available to offer assistance to the FAA in developing operational and safety protocols

for sUAS’s to be in tegrated into the National Airspace System(NAS). The petitioner believes that his exemption, if granted, would provide the FAA with an analytical, expanded and diverse sUAS experience to help establish the necessary requirements and protocols for the safe operation of such aircraft systems in numerous applications within

the NAS.

Aircraft

The petitioner will operate a sUAS made by manuf acturer DJI, model number W322.

Serial number P77DCF19013452 , FAA r egistered under tail number N913 RL. Th e Phantom 3 Advanced description and equipment is as follows:

Th e Phantom 3 Advanced is a sUAS quadcopter made by DJI, that has a fixed camera gimbal attached to a 4k camera, which sits below the aircraft fuselage. This camera allows the operator on the ground to see a 720p high resolution a view from the aircraft that can be rotated a 360 degree s angle in flight.

Max take off weigh is 2.76 pounds.

Downlink telemetry to allow the operator to see onboard information relating to safe operations of flight including but not limited to; battery percentage remaining, overall status of flight system, GPS location for position hold, auto return to home and operational failsafes.

Th e Ph antom 3 Advanced is limited by its software to a maximum ascent rate of 984 feet per minute and an altitude of 400 feet. Its maximum forward speed i s 36 statue miles per

hour or 31 knots,

Th e Phantom 3 Advanced is powered by a 6000 mAh, 15.2 volt battery, providing 22 minutes of flight time under standard conditions per specifications. The aircraft alerts the operator with visual and audible warnings at 35% of battery remaining. The aircraft will not be operated with less than 35% battery remaining, and 0

- 3 5% is kept as emergency reserve to power the sUAS to a safe landing location in the event of an emergency.Ground based control and communication system

Th e Phantom 3 Advanced is Controlled using a DJI manufactured transmitter, operating

on FCC author ized frequencies of the 2.4 GHz band(2.4

- 2.483 GHz) see manual page 57 for radio transmitter specification. The transmitter has been approved by the Federal Communication Commission and bears approval logo on the transmitter.

The above listed transmitter has a lithium polymer battery powering the unit for approximately 4 hours charge between charges according to DJI specifications.

Th e Phantom 3 Advanced controller will be utilized by a single operator, but will require a visual observer when necessary.

Th e Phantom 3 Advanced when coupled with an apple ipad mini provides the operator with a moving map display showing exact aircraft position, and HD video from aircraft camera. Also the controller has its own GPS receiver establishing a “home point” on each take off, therefore calibrating the aircraft to return to this take off point in the event of a control link signal or interference.

Ronald Mehran Loghmani

– the petioner/operator while engaged in a sUAS flight under this exemption will be carrying a Yaes u FTA

- 550, AirBand communication radio serial number #4N100614. The radio is capable of transmitting and receiving radio signals on

the IACO radio aviation band of 118.000 to 136.975 MHz. The radio has a transmitter power output of 5 watts AM PEP. While th e sUAS is in flight in class G and E airspace the operator, and/or observer will monitor “guard” frequency of 121.500 MHz. If operations are in controlled airspace classes B,C,D.E, the operator will monitor and communicate directly if needed with the ATC f acility in charge of that respective airspace. Communication with ATC will be standard aviation communication etiquette/procedures utilizing the sUAS’s “N” number issued by the FAA registration branch to identify this aircraft to ATC. Having real time radi o communication with ATC and nearby aircraft we believe adds a significant margin of safety to our operation and operation of other manned aircraft in the NAS. The operator also holds an FCC restricted radio telephon e operator permit.

Ronald Mehran Loghma ni Will be the sole operator of the sUAS for each flight, and when necessary will partner with a Visual Observer to assist in keeping insight the sUAS

at all times. The Visual Observer will assist the operator with obstacle clearance, people separation and navigation over terrain.

Operator’s

- Safety Plan

• Compliance with all FAA,state, and local municipal regulations.

• Altit ude of operations less than 400 Feet AGL, although most operations will be

at “tree line level” or under 200 feet.• Preflight aircraft inspections conducted prior to each flight per DJI Phantom 3

Advanced operator’s guide.

• Post flight aircraft inspection conducted to each flight per DJI Phantom 3

Advanced operator’s guide

.

• Operator will conduct preflight plannin g, to include a weather briefing via DUATS or FSS, NOTAM/TFR/MOA checks, battery

- power management calculations, and any COA requests or ATC/Airport management notifications done before flight.

• No operations directly over people or crowds.

• Operations will be only during daylight times, in VMC conditions, weather

minimums include 500 feet below, 2,000 feet horizontal from clouds, and minimum 3 statue miles visibility. No Special VFR or IFR flights will

be conducted.

• Any in

- fligh t emergencies will result in an immediate landing. There will be no “land when practicable” operations.

• Th e Phantom 3 Advanced will be maintained per DJI instructions, and w ill follow manufacturer safety bulletins.

• If operating near an airport or in Class B, C, D airspace under a COA , operator will notify ATC via telephone prior to takeoff and notify via radio utilizing the

sUAS’ s tail number. If radio or telephone communications cannot be established with ATC/Tower, the flight will not commence.

• When operating in

- flight, operator will monitor “GUARD” frequency of 121.5

MHZ and comply with any emergency requests if received.

• Operator will grant right of way to ALL other manned operations and activities at
all times.

Lastly, the petitioner’s safety plan is to operate the aircraft within the limitations provided by DJI

– The manufacturer. This is to include, weight and balance, speed limitations, and

altitude limitations.

Statutory Authority

Section 3 33, titled “Special Rules for Certain Unman ned Aircraft Systems,” provides a

m echanism for seeking expedited FAA authorization of safe civil sUAS operations in the

National Airspace System (NAS). Section 333(a) states that the FAA “shall determine if

cer tain unmanned aircraft systems may operate safely in the national airspace systembefore completio n of the comprehensive plan and rulemaking required by section 332(b)(1) of this Act or the guidance required by section 334 of this Act.” In Section 332(b )(1), Congress made it clear that Section 333 provides a mechanism for “expedited operational authorization.” The FAA has committed to complying with this mandate by granting several petitions almost identical to the one at hand. See, e.g. Exemption No.

11 062, Regulatory Docket No. FAA

- 2014

- 0352 (granting regulatory exemptions to Astreus Aerial for operation of unmanned aircraft systems for the purpose of filming for the motion picture and television industry and aerial videography).

Section 333(b) identif ies several factors that the FAA should consider in determining whether commercial sUAS operations should be approved. These include populated areas, and operation within visual line of sight do not create a hazard to users of the NAS or the public or pose a threat to national security.” See section 333(b). In addition to the specific authority conferred by Section 333, the FAA Administrator has general authority to grant exemptions from the FAA’s safety regulations and minimum standards when the

Administ rator decides a requested exemption is in the public interest. See U.S.C. 44701(f)

.

Requested Exemptions

14 CFR Part 21 and 14 CFR 91.203(a): Airworthiness Certificates

The petitioner seeks exemptions to apply for and maintain airworthiness certification for

our sUAS. Model and serial numbers of our sUAS is provided above. The petitioner will keep his sUAS in a safe, reliable, and airworthy condition, but it may not meet all standards set forth by pa rt 91.203. Petitioner/operator will assume all responsibility for determining that the sUAS is in a condition safe for flight, as well as a condition that will not harm other people or property. This wil l be facilit ated by op erator, using specific guidelines from the manufacturer, DJI, as well as following any guidance set for routine

maintenance.

14 CFR 45.23(b): Display of Marks; general

Under this part it is required that each operator must display on that aircraft mar ks consisting of the Roman Capital “N” followed by the registration number of the aircraft.

And near the entrance to the cabin or canopy etc., in letters between 2

- 6 inches in size the word “experi mental ”

.

Th e Phantom 3 Advanced sUAS is physically too small to place “N” numbers and “experimental” identifiers of this size specified in this section. We can comply completely with an “N” number and the “experimental” identifier but at a smaller size (around 1”) is necessary to fit on the ext ernal shell of the Phantom 3 Adavnced sUAS.14 CFR 91.7(a): Civil aircraft airworthiness This section states that no person may operate a civil aircraft unless it is in an airworthy

condition.

Assumi ng no airworthiness certificate will be required due to relief requested from 14 CFR 21 (above), no regulatory standard exists for determining airworthiness. The

equ ivalent level of safety will be achieved through the implementation of the flight manual and maintenance manual procedures, pilot t raining/experience, and analytical risk management for each flight.

14 CFR 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft This section states that no person shall operate a US registered civil aircraft for which a rotorcraft flight ma nual is not required by §21.5 unless there is available in the aircraft a current approved rotorcraft manual material, markings, and placards, or any combination

thereof. Th e Phantom 3 Advanced sUAS, given its size and configuration has no ability or place to carry such a flight manual on the aircraft, not onl y because there is no pilot on board, but because there is no room or physical capacity capability to carry such an item on the aircraft. The equivalent level of safety will be achieved by the operator keeping the flight manual at the ground control station, immediately accessible by t he operator during operations. Previous precedence is resident in Exemptions 8607, 8737, f8738, 9299, 9299A, 9565,9565B,10167, 10167A,10602,f32827, and 10700.

14 CFR 91. 103: Preflight Action This section requires each pilot in command to take certain actions before flight to insure the safety of the flight. As FAA approved rotorcraft flight manuals will not be provided for the aircraft an exemption is requested for reli ef. An equivalent level of safety will be obtained through the operator’s use of the DJI Phantom 3 Advanced Owners manual along with the petitioner’s/operator’s safety plan outlined above (supra). Extensive flight planning under these practices will provide the equivalent level of safety.

14 CFR 91.109: Flight Instruction

This section states that no person shall operate a civil aircraft (except a manned free balloon) that is being used for flight instruction unless that aircraft has fully functioning

dual controls. Th e Phantom 3 Advanced like almost all sUAS aircraft by their design do

not h ave fully functional du al controls. Flight control is a ccomplished through the use of

a control box that communicates with the aircraft via a 2.4 GHz radio communications link. The FAA has approved exemptions for flight training without fully functional du al controls for a number of aircraft and for flight instruction in experimental aircraft. See exemption notes 5778 K and 9862A. The equivalent level of safety provided by the fact that neither pilot nor passengers will be carried in the aircraft and train ing would be conducted at an FAA approved training site, operating under a COA. If training would be conducted it should be noted that the petitioner holds a Certified Flight I nstructor's Certificate (2524382 CFI exp. 04/2016 ) for single and multi engine a irplane, and instrument airplane.14 CFR 91.119: Minimum Safe Altitudes

This sec tion establishes safe altitudes for operation of civil aircraft. Section 91.119(d) allows rotorcraft to be operated at less than the minim ums prescribed, provided the person operating the helicopter to be operated at less than the minimums prescribed, provided the person operating the helicopter complies with any route or altitudes prescribed for rotorcraft by the FAA. As this exemption is f or a sUAS, that is a rotorcraft and the exemption requests authority to operate at altitudes from the surface to 400’ AGL, an exemption may be needed to allow such operations. As set forth herein, except

for the limited conditions stated in the DJI Phantom 3 Advanced manual, the sUAS will never operate at an altitude higher than 400’ AGL. It will however be operated in a restricted area with a bounded security perimeter where buildings and individuals will not be exposed to operations without their pre

- obta ined consent. This level of safety will be achieved utilizing telemetry from t h e Phantom 3 Advanced sent back to the operator’s

console. Telemetr y includes the following flight data: altitude (AGL), vertical and horizontal speed, direction and distance fro m operator. The equivalent level of safety will be achieved given the size, weight, speed, of the sUAS as well as the location where it will be operated over. No flight will be taken without the permission of the property

owner or local authorities. Becau se of this advance notice to the property owner, and participants, all affecte d individuals will be aware of the flight operations. Compared to flight operations with rotorcraft or fixed wing aircraft weighing more far more than the maximum 55 pounds propo sed in this exemption herein and the lack of flammable fuel, the risks involved we believe are far less than those presently presented with conventional aircraft used for our stated purposes. In addition, a level of safety to aircraft operating in the NAS will be achieved through our flights being at the lowest altitude possible below 400’ AGL, and offering full right of way to approaching aircraft.

14 CFR 91.121: Altimeter Settings This section requires each person operating an aircraft to maintain cruisi ng altitude by

reference to an altimeter that is set “to the elevation of the departure airport or an appropriate altimeter setting available before departure.” As the sUAS may not have a barometric altimeter, but instead a GPS altitude readout, an exempti on may be needed. An equivalent level of safety will be obtained by the operator, operating the aUAS pursuant to the manual and s afety checklist, confirming the altitude of the takeoff site shown on the GPS altitude indicator before each flight.

14 CFR 91.151(a): Fuel Requirements for Flight in VFR Conditions This section prohibits an individual from beginning a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel to fly to the first p oint of intended landing, and assuming normal cruising speed

– (1) During the day, to fly after that for at least 30 minutes. The battery power system in the

DJI Phantom 3 Advanced sUAS provides the aircraft with approximately 25 minutes of total flight ti me. When the Phantom 3 Advanced battery is at 25% approx. 10 minutes of flight time is left. As stated in our safety plan above, the sUAS will not be operated with less than 35% or approx. 12 minutes of flight time remaining. The operator needs relief

from the 30 minute requirement stated in this section as that time is longer than the useful flight time of the aircraft altogether.14 CFR 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration

This section requires that a person carry an appropriate airworthiness certific ate that is displayed at the cabin or cockpit entrance so that it is legible to passengers or crew. The sUAS has no onboard pilot or passenger, and no area to stow these required papers. An equivalent le vel of safety will be achieved by keeping these documents at the ground control point where the pilot flying the sUAS will have immediat e access to them, to the extent they are applicable to the sUAS. The FAA has issued numerous exemptions to this regulat ion. A representative sample of other exceptions includes Exemption numbers: 9565, 9665, 9789, 9789A , 9797, 9797A, 9816A, and 10700.

14 CFR 91.405(a), 91.407(a)(1), 91.409(a)(2), 91.417(a)(b): Maintenance Inspections

These sections require that an airc raft operator or owner “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 cha pter....,” and other shall inspect or maintain the aircraft in compliance with Part 43. Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, these sections will not apply to the petitioner. Maintenance

will be ac complished by the operator pursuant to the DJI flight manual and operating handbook. An equivalent level of safety will be achieved because these physically small and lightweight small sUAS’s are very limited in size and will carry a very small payload

ope rating only in restricted operational areas for limited periods of time. If mechanical issues arise, the sUAS will land immediately and will be no higher than 400’AGL. As provided in the flight manual, the operator will ensure that the sUAS is in working order prior to starting a flight, performing any required maintenance beforehand. Moreover, the operator is the person most familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of saf ety.

Closing Ronald Mehran Loghmani is committed to safe flight practices, while integrating safe sUAS operations to the National Airspace System (NAS). We are confident in executing

commercial sUAS operations that are safe, and provide a s ervice t o the public. Ronald Mehran Loghmani is prepared to respond to any co ncerns and I look forward to working with the FAA on this important exemption. Please contact us with any follow

- up questions or concerns.

R espectfully Submitted,

___________________ _______________________ Ronald Mehran Loghmani

ATP Pilot Cert # 2524382