PROPRIETARY INFORMAT ION

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- NOT FOR PUBLIC RELEASE **Appendix A**

**EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY** Vantage Point Aerial Productions requests an exemption from the following regulations as well
as an y additional regulations that may technically apply to the operation of DJI

UAS:
**14 CFR Part 21, Subpart H: Airworthiness Certificates**  This part establishes the procedures for the issuance of an airworthiness certificate. While the FAA continues to work to develop airworthiness standards for UAS, we request an experimental certificate be issued f

or DJI UAS under either or both of the following provisions: 21.191 Experimental certificates. Experimental certificates are issued for the following purposes: **(a) Research and development.**  Testing new aircraft design concepts, new aircraft equipment, new aircraft installations, new aircraft operating techniques, or new uses for aircraft. **(b) Showing compliance with regulations.**  Conducting flight tests and other operations to show compliance with the airworthiness regulations including flights to show com pliance for issuance of typ e and supplemental ty pe certificates, flights to substantiate major design changes, and flights to show compliance with the function and reliability requirements of the regulations.
Since the experimental certificate can be use d for commercial purposes such as market survey s, sales demonstrations, and customer crew training , we would expect that an experimental certificate would permit our commercial purpose as well. The aircraft will not carry persons or propert y, will not ca rry

fuel, and will only fl y under strict operational requirements. Combined with the fact that the aircraft weighs less than 55 lbs. , we propose that DJ I UAS will be at least as safe, if not safer, than a conventionally certificated aircraft performing th e same mission. If an experimental airworthiness certificate is not appropriate for this application, then we request an exemption of 14 CFR Part 21, Subpart H, and the requirement for an airworthiness certificate in general, citing the equivalent level of safet y outlined in the previous paragraph. **14 CFR 91.203(a) & (b) Civil aircraft: Certifications required.** The regulation provides that an airworthiness certificate, with the registration number assigned to the aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph (b) provides that the airworthiness certificate be "displayed at the cabin or cockpit entrance so that it is legible to passengers or crew." Each DJI UAS is too small to carry documentation, does not have an entrance, and is not capable of carry ing passengers or crew.PROPRIETARY INFORMAT ION

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- NOT FOR PUBLIC RELEASE To obtain an equivalent level of safet y and meet the intent of 91.203, we propose that documents deemed appropriate for this aircraft by the FAA will be co

- located with the crew at the g round control station and available for inspection upon request. In order to identify the aircraft, we propose that the information found on airworthiness and registration certificates be permanently affixed to the aircraft via placard:

Manufacturer: DJ I

Models: Phantom 2 Vision+, Phantom 2, Phantom 3 , Inspire, Matrice

Registered to: Vantage Point Aerial Productions 42 Orchard Grove Lane Hudson, NY 12534 **14 CFR 45.23 Display of marks; general and 45.29 Size of marks.**  These regulations provide that each aircraft must display "N" and the aircraft's registration number in letters at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot s tation. Each DJI

UAS does not have an entrance in which the word "EXPERI MENTAL" can be placed, and may

not have a registration number assigned to it by the FAA. We propose to achieve an equivalent level of safety b y including the word "EXPERIMENTAL" on th e top of the aircraft, where the PIC, VO and others in the vicinity of the aircraft while it is preparing for launch will be able to see the designation. Additionally , we feel that the permanent placard discussed in the previous paragraph will provide the aircraft's registration information should it be found on the ground. Finall y, we will display at the ground station a high contrast flag or banner that contains the words "Unmanned Aircraft Ground Station" in letters 3 inches high or greater. Since the aircraft will operate within VLOS of the PIC and VO near the ground station, the banner should be visible to any one that observes the aircraft and chooses to investigate its point of origin.

**14 CFR 91.9**  **Civil aircraft flight manual, marking, and placard requirements.**  This regulation provides that no person may operate an aircraft unless a current, approved flight manual is in the aircraft. We assume that the intent of this requirement is to ensure that flightPROPRIETARY INFORMAT ION

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- NOT FOR PUBLIC RELEASE manual information is available to the airc rew while operating the aircraft. We request an exemption to this requirement since the aircraft is not only too small to carry documentation; the documentation would not be available to the crew. To obtain an equivalent level of safet y and meet the intent of 91.9, we propose that a current, approved Airplane Flight Manual (appendix E) must be available to the crew at the ground station any

time the aircraft is in, or preparing for, flight. **14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command**  **and 61.133 Commercial pilot privileges and limitations.**  The regulation provides that no person that holds a private pilot certificate may act as pilot in command of an aircraft for compensation or hire. Subparagraph (b) allows a private pilot t o act as pilot in command of an aircraft in connection with any business or employ

ment 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. Our proposed o perations meet the requirements of 8900.227 para 16(c)(2)(c) "Operations without a pilot certificate" in which the PIC is required to complete "FAA private pilot ground instruction" and pass "the FAA Private Pilot written examination." Since there are currently no means available for the pilot of a UAS to gain the experience in an equivalent category and class in order to appl y for a commercial pilot's license, we propose to generate an equivalent level of safet y b y requiring our pilots to complete , at a m inimum, FAA commercial pilot ground instruction and pass the FAA Commercial Pilot written examination in addition to completing at least a recreational or sport pilot certificate requirements

. Since the aircraft cannot carry passengers or property , we fee l we meet the intent of 61.113 Subparagraph (b) even though the intent of this application is to conduct a business.

**14 CFR 91.109 Flight instruction; Simulated instrument flight and certain flight tests** The regulation provides that "No person may operate a civil aircraft that is being used for flight instruction unless that aircraft has fully functioning dual controls." The DJI UAS ground control station is based on a small hand

- held radio controller and, if applicable, a mobile device. While it does no t offer a second set of "controls", both the student and instructor can, and will, operate the single set of controls simultaneously . With both student and instructor having "hands

- on" the controls during flight, we feel that this technique meets the inte nt 91.109 and provides an equivalent level of safety. **14 CFR 91.119 Minimum safe altitudes: General.** The regulation provides that over sparsely populated areas the aircraft cannot be operated closer than 500 feet to any p erson, vessel, vehicle, or structure. Since the aircraft will be operating at a maximum of 400 feet AGL , we cannot comply with this req uirement.PROPRIETARY INFORMAT ION

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- NOT FOR PUBLIC RELEASE To provide an equivalent level of safety we will only

fl y over private property with the permission of the land owner. The land owner will be briefed of the expected route of flight and the associated risks to persons and property on the ground. We maint ain that due to the small size of each DJ I UAS, the hazard to persons, vessels, vehicles, and structures is not comparable to manned aircraft and should be considered in granting the exemption. The aircraft will be operated at an altitude allowing, if a p ower unit fails, an emergency landing without undue hazard to persons or propert y on the surface. **14 CFR 91.121 Altimeter settings.** The regulation provides that aircraft shall maintain cruising altitudes by reference to an altimeter setting available withi n 100 nautical miles of the aircraft. The aircraft will fly below 400 feet AGL and will not need to maintain hemispherical cruising altitudes in order to de

- conflict with other aircraft. As such, an appropriate altimeter measurement presented to the pilo t should be Above Ground Level and should be based on the digitally encoded telemetric data feed, which downlinks from the aircraft to a ground

- based on

- screen display . The altitude information will be generated b y equipment installed onboard the UAS, usi ng GPS triangulation, digitally encoded barometric altimeter, radio altimeter, or any combination thereof. Prior to each flight, a zero altitude initiation point will be established and confirmed for accuracy by the UAS PI C. Since the aircraft will fl y n o more than 30 minutes, even rapid changes in barometric pressure will have limited effect on the safet y of the flight. **14 CFR 91.151 Fuel requirements for flight in VFR conditions.** The regulation provides that no person may begin a flight in an airplane under day

- VFR conditions unless there is enough fuel to fly to the first point of intended landing and to fly after that for at least 30 minutes. We feel the intention of this paragraph is to provide a reserve of energy as a safety buffer for go

- arounds and other delays to landing. Each DJ I UAS is battery

operated and the maximum duration of flight from a single battery charge is 30 minutes. Since the aircraft will never fly more than VLOS from the PI C and the VO near the point of intended landing, a ful l battery charge at launch will ensure that we meet the reserve energy

requirement of this paragraph. The UAS will not be operated unless it can begin the flight with enough power to complete the intended operation and operate after that for at least five minutes or with the reserve power recommended by the manufacturer. We request an exemption to the word "fuel" and ask for an equivalent interpretation with the word "energy ". **14 CFR Subpart E (91.401** 

**- 91.417)** 

**- Maintenance, Preventive Maintenance, and**  **A lterations**  The regulation provides that the operator is primarily responsible for maintaining the aircraft in an airworth y condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be "approved for return to service b y a person authorized underPROPRIETARY INFORMAT ION

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- NOT FOR PUBLIC RELEASE 43.7" after maintenance and inspection. It is our intention that the PI C perform maintenance and inspection of the aircraft and "be authorized to approve the aircraft for return to service." The UAS will be main tained IAW the manufacturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for both the sy stem and related components. Maintenance performed b y the PI C is limited to repairing small cracks, replacing a propeller, and updatin g software and firmware. All other maintenance will be performed by the manufacturer. The PIC will document work performed in accordance with 91.417. We feel that due to the size, construction, and simplicity of the aircraft, the PIC can ensure an equiv alent level of safety. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristic will undergo a functional test flight prior to conducting further operations. Functional test flights will only be conducte d b y a current and qualified PIC with a VO and will remain 500 feet from other people. **14 CFR 91.103(b)**

**– Preflight Action**  The regulation prescribes, in pertinent part, that each pilot in command shall, before beginning a flight, become familiar with all available information concerning that flight, to include, “For an y flight, runway

lengths at airports of intended use, and the following takeoff and landing distance information:... For civil aircraft for which an approved Airplane or Rotorcraft Flight Manua l containing takeoff and landing distance data is required, the takeoff and landing distance data contained therein.” The PI C will take all actions including reviewing weather, flight battery requirements, aircraft performance data, and landing and takeoff distances before initiation of a flight. The PIC will also account for all relevant site

- specific conditions in their preflight procedures. Risks presented by sun glare will be mitigated b y the PI C’s and VO’s ability to see other air traffic and initiate a return

- to

- home sequence if needed. However, given the limited nature on how the UAS will be used and that all operations will not be conducted within an airport environment, takeoff and landing data associated with airport data will not be applicable. T herefore, we request relief from 91.103(b).