April 10, 2015

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Petition for Exemption concerning operation of Physical Sciences Inc. Unmanned Aircraft 

System in accordance with Section 333 of the FAA Modernization and Reform Act of 2012 

Registered Owner Name:

Physical Sciences Inc

Registered Owner Address:

20 New England Business Center

Andover, MA 01810-1077

(978) 689-0003

Aircraft Description:

Vertical Take Off and Landing (VTOL) 

sUAS

Aircraft Serial Number:

0030200300648

0030200300649

0030200300652

0030200300653

0030200300654

0030200300655

0030200300656

0030200300657

0030200300658

0030200300659

0030200300660

0030200300661

0030200300662

0030200300663

0030200300664

0030200300665

0030200300666

0030200300667

0030200300668

0030200300669

Aircraft Builder:

Physical Sciences Inc.

Year Manufactured:

2015

Aircraft Model Designation:

InstantEye Mk-2 

Engine Model:

Mk-2 Brushless Motor

1734-311-01

Propeller Model:

1812-331-21 8x3.8 Propeller (2)

1812-331-22 8x3.8P Propeller (2)

1. Overview. 

The InstantEye weighs 1.1 lbs. and will mainly be used to conduct crew training, product 

development, market research, aerial surveys, mapping and inspections. The InstantEye is a 

high-performance, low-cost aerial system that can be hand-launched, flown and handrecovered by a single person. At approximately one pound, the vehicle can go from a stowed 

configuration to airborne in under 30 seconds and provide rapid situational awareness and 

tactical sensor operation for up to 30 minutes. 

InstantEye uses 100% custom control algorithms derived from Physical Sciences Inc. (PSI) 

biomimetic research of hawk moths in turbulent winds and collisions. InstantEye offers 

exceptional stability, position hold, and responsiveness unlike any other UAV in its class. 

‘Manual’ mode gives the user total control and speeds up to 60 mph, while ‘Alt’ and ‘GPS’ 

provide vertical and horizontal position hold and speeds up to 30 mph and vertical climb rates 

greater than 2000 ft/min.
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2. Aircraft Configuration. InstantEye’s performance characteristics: Figure 1 shows a 

complete description of the aircraft. 

a. Three- view drawings or three-view dimensioned: 

 

Figure 1 - InstantEye Mk-2 Components

b. Wing span. 25.0 cm (9.84 inches) (frame); 43.0 cm (16.92 inches) (frame + props)

c. Length. 25.0 cm (9.84 inches) (frame); 43.0 cm (16.92 inches) (frame + props)

d. Maximum gross takeoff weight. 730 g (1.6 lb) 

e. Fuel capacity. N/A

f. Payload capacity. 200 g (0.44 ounces) 

g. Maximum altitude. 12,000 ft MSL

h. Endurance. 30 min of battery life

i. Maximum airspeed. 60 mph

j. Description of ground support equipment. InstantEye Mk-2 uses 4000 mAh Li-poly 

batteries and supplied charger.

k. Description of launch and recovery equipment. N/A

3. Ground Control Station System (GCS) Configuration. Description and a diagram (Figure 

2), of the GCS.

Ground Control Station (GCS) Control Interface

The GCS control interface can be broken into three main groups, 2 joysticks, 8 primary control 

buttons, and 4 menu buttons, see Figure 2. 

1. Joysticks

The joysticks are used to reposition the aircraft once it is airborne. Pushing the right joystick up 

and down causes the aircraft to climb and descend. Pushing it left and right rotates its heading 

(yaw). Pushing the left joystick up and down moves the aircraft forward and back. Pushing it left 

and right moves the aircraft left and right.
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2. Primary Control Buttons

ALT, NAV, CAM, MOTOR, HOME, UTIL1, and UTIL2 / IR 

3. Menu Buttons

The menu buttons are just below the screen and are configurable based on context. The context 

menu can be brought up by pressing the menu button on the left. The other three buttons then 

perform the function described just above them on the screen. Pressing the left menu button a 

second time will bring up a second context menu again defining the function of the other three 

buttons. 

Figure 2: GCS Button and Joystick Configuration

4. Exemptions requested per 14 C.F.R :

a. § 91.7(a) Civil Aircraft Airworthiness: No person shall operate a civil aircraft 

unless it is in an airworthy condition. On June 25, 2014, the FAA granted San 

Diego Gas &Electric a Special Airworthiness Certificate in the Experimental 

category for the InstantEye Mk-2. During this process the aircraft was proven to be 

in an airworthy condition and safe for the public. In addition, the InstantEye has 

been proven airworthy and received Certification with US Army Special Operations 

Command. (Air Worthiness Release, AWR# IEMK220130521; Full AWR has been 

submitted in the past and can be submitted with this request.) 

b. § 91.109 (a) Flight Instruction: No person may operate a civil aircraft (except a 

manned free balloon) that is being used for flight instruction unless that aircraft 

has fully functioning dual controls. The InstantEye does not have dual controls;

instead the InstantEye has a fully functioning Ground Control Station (GCS). (See 

figure 2.) When flights are performed, no pilots will be on the aircraft and the GCS 

will be a safe distance from the InstantEye and the public, causing no safety hazard. 

c. § 91.113 See and Avoid: Method for See-and-Avoid (§ 91.113). When weather 

conditions permit, regardless of whether an operation is conducted under 

instrument flight rules or visual flight rules, vigilance shall be maintained by 

each person operating an aircraft so as to see and avoid other aircraft. The sUAS

is strictly line of sight and will always be in constant contact with the operator and 

visual observer. See and Avoid will be conducted by the operator and vigilance shall 
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be maintained by each operator so as to “see and avoid” any other aircraft. 

All visual observers will be qualified and understand the rules and responsibilities 

described in § 91.111 (Operating near other aircraft), § 91.113 (Right-of-way rules: 

Except water operations), and § 91.155 (Basic VFR weather minimums). There will 

be no adverse impact to the public because each visual observer will be fully 

qualified.

d. § 91.119 Minimum Safe Altitudes, no person may operate an aircraft below the 

following altitudes: Over other than congested areas. An altitude of 500 feet 

above the surface, except over open water or sparsely populated areas. PSI will 

never operate higher than 400ft AGL and will avoid congested or populated areas 

and will pose no risk to the public. 

e. § 91.121 Altimeter settings: Each person operating an aircraft shall maintain the 

cruising altitude or fight level of that aircraft, as the case may be, by reference 

to an altimeter that is set to the appropriate station. The InstantEye sUAS uses 

barometric altitude pressure but does not program in an altimeter setting. The 

altitude is monitored by the Pilot In Command and constantly watched by the visual 

observer.

This exemption will benefit the public because the visual observer and operator are 

visual line of sight at all times, and will not pose any risk to the public. 

f. § 91.151 (b) Fuel requirements for flight in VFR conditions: No person may 

begin a flight in a rotorcraft under VFR conditions unless there is enough fuel to 

fly to the first point on intended landing and, assuming normal cruising speed, 

to fly that for at least 20 minutes. The sUAS is battery operated with a maximum

flying time of 30 minutes. However, this poses no safety risk because the take-off 

point is also located at the landing point and will cause no safety hazard to the public.

The PIC will ensure that there is enough power to conduct the operations and to 

operate after that for at least five minutes. 

g. § 91.207 Emergency Locator Transmitters: No person may operate a U.S.-

registered civil airplane unless there is attached to the airplane an approved 

automatic type emergency locator transmitter. The sUAS does not use an ELT, all 

operations are VFR and in line of sight with a visual observer. 

This exemption will benefit the public because the visual observer and operator are 

line of sight at all times with the sUAS. In addition if the sUAS needed to be located 

on the ground, the GCS will point to the sUAS to locate it and show range to the 

sUAS.

5. Inspection and Maintenance. (14 C.F.R § 91.405, 91.407, 91.409). All operators will 

follow PSI Unmanned Aircraft System InstantEye training manual and 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 be conducted by a PIC and VO and will remain at least 500 feet from other people. 

6. Description of past flight history. There are in excess of 1500 hrs of test and evaluation 
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time on the InstantEye Mk-2 systems and more than 3600 hrs of test and evaluation time on 

the systems it is derived from. Physical Science Inc. has already proven Airworthiness and 

has an Airworthiness Certification with US Army Special Operations Command. (AWR# 

IEMK220130521, attached.) In addition, As of June 25, 2014, after the FAA granted San 

Diego Gas &Electric a Special Airworthiness Certificate in the Experimental category, it has 

flown numerous sorties in support of operations and has always operated in a safe manner. 

7. Flight Recovery and Lost Link Procedures. Aircraft lost link and emergency recovery 

questions/procedures. 

a. How is it determined that the UA is experiencing lost link and how is this displayed 

to the pilot? Signal strength or quality is determined by error rate or number of lost 

data packets which are monitored during communications. When a threshold percent 

of data packets are lost the aircraft, the aircraft goes into”lost comms” mode.

b. Operational procedures in the event of a lost link: During a lost link event the 

operator monitors the data and video until communications are restored, then 

control is regained. If for some reason communications are not restored the operator 

should wait by the last know location of good communications. The aircraft will 

return there and auto land.

c. Describe how the aircraft will react during takeoff, climb, cruise, descent, and 

landing in the event of a lost link. During startup each InstantEye air vehicle is 

“tethered” to a ground control station through its command and control 

communication system. After tethering has been achieved the air vehicle will 

respond to commands from that ground station only. In operation, due to radio 

interference or flight beyond communication range, the aircraft can lose command 

and control lock with the ground control station. In this event the aircraft will enter 

into its “lost comm” mode and will execute the following procedure:

i. Vehicle will immediately climb/descend to an altitude 300’ Above Ground 

Level (AGL)above its launch altitude;

ii. Vehicle will home toward last known location of ground control station (GPS 

position of ground control station is uploaded to air vehicle during flight);

iii. If command and control communication is reestablished, vehicle will stop 

and hover at current location. If command and control communication is not 

reestablished, vehicle will hover over last known location of ground control 

station (“home position”) and land immediately. 

iv. If vehicle is at home position and command and control communication has 

not been reestablished, vehicle will autonomously descend and land.

d. How is it determined that the lost link functionality of the system is operational? The 

lost link functionality has been extensively tested and is used operationally, please 

refer to Airworthiness Release: US Army AWR# IEMK220130521.

e. How does the UA navigate when in the lost link mode? The InstantEye Mk-2 is 

continuously updated with the GCSs GPS location. When the aircraft goes into “lost 

comms” mode it then uses the last location of the GCS as its next waypoint. 

f. What parameters are used to define the lost link or return home point? How is this 

point selected? How is this point entered? What happens when the UA reaches this 
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point? The InstantEye vehicle will enter its lost communication control mode if the 

error rate increases above 18.75 failed transmissions per successful transmission or 

after receiving no data from the ground station for 7.5 seconds. Logic exists to 

prevent the vehicle from oscillating in and out of lost communication control. When 

the aircraft enters it “lost comms mode” the aircraft ascends or descends to 300 ft.

AGL and then begins to navigate to the last known home position. If at any point 

communications are regained the operator can begin controlling again. 

g. Under what conditions is a return home mode both manually and automatically 

activated? The InstantEye Mk-2 either enters its return home mode in “lost comms 

mode” after the aircraft climbs/descends to an altitude 300’ AGL above its launch 

altitude or when the “Home” button is pressed on the GCS. 

h. What do the control station displays indicate during lost link? Is it clear that the data 

is stale or invalid? Lost link is known by the operator when the on-screen data stops 

updating and the “Home” mode is automatically highlighted on the GCS screen. 

i. Lost link emergency procedures: 

i. Weak Command and Control (C2) Link

Indicator: “Warning: Weak C2 link” is displayed on-screen. Aircraft OSD data, such as the 

heading and altitude graphics, have stopped updating. Often video reception is poor or nonexistent as well.

Response action: In ~7 seconds, the vehicle will enter lost communications mode. It will climb to 

an altitude of approximately 300 ft. AGL and then begin to fly back to the home location. If 

control communications are regained en route to the home location (indicated by the 

disappearance of the “Weak C2 link” warning and resumption of aircraft OSD data updates) the 

operator may resume controlling the aircraft and redirect it by using the joysticks.

ii. Loss of aircraft GPS fix 

Indicator: As GPS quality degrades, the color quality bar will shrink and change color and 

position hold will become less and less accurate. These effects are amplified when operating in 

windy conditions, or with very heavy payloads. When the quality bar underneath GPS coordinate 

is empty (completely gray) for 4 continuous seconds, the vehicle has lost operational GPS and an 

indicator is displayed: “Warning: Vehicle lost GPS; NAV mode disabled” NAV mode is 

automatically exited without operator action. Aircraft ceases to automatically hold position. The 

last know GPS is displayed in the GPS Coordinate graphic.

Response action: Ensure that ALT mode is engaged. The aircraft will maintain altitude while the 

operator can focus on controlling the lateral motion of the vehicle manually. When aircraft 

position has stabilized, climb to a safe height (above obstructions) and fly the aircraft towards 

the home location. Use the range/bearing graphic and video feed to assist in this. When over an 

optimal landing location, slowly decrease the aircraft’s altitude while focusing on maintaining 

lateral position. At any point, if the GPS quality bar shows a signal quality of medium (yellow) or 

high (green), it is likely safe to re-enter NAV mode.

8. Pilot Qualifications (14 CFR 61.3, Requirement for certificates, ratings, and authorizations, 

and 14 CFR 61.5, Certificates and ratings issued under this part).
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a. Pilot Qualifications: All PIC will be current rated pilots with current medical. They 

will hold either a n airline, transport, commercial, private, recreations, or sport pilot 

certificate and the PIC will hold a current FAA airman medical certificate. 

9. Flight areas

a. Operations will be conducted under VMC of no more than 400 feet AGL. The UA will 

be operated within visual line of sight at all times. NO night operations will be 

conducted. 

10. Specifications and Operations 

a. The sUAS weighs ~17 oz., much less than the weight of a Canada goose, and will 

operate under 400 ft. AGL. The aircraft internal software regulates the sUAS so that 

it will not fly above 400 AGL and will limit aircraft ground speed to less than 25 mph. 

Impact to the public will be minimal. 

b. sUAS will operate in Class G, C & D airspace. 

c. Air Traffic Control Provisions. When operating in areas other than Class 'G' Airspace 

PSI will obtain a COA first. 

11. Granting the exemption would be in the public interest and benefit the public as a whole.

In accordance with the statutory criteria provided in Section 333 of Public Law 

112−95 in reference to 49 U.S.C. § 44704, and in consideration of the size, weight, 

speed, and limited operating area associated with the aircraft and its operation, the 

Secretary of Transportation has determined that this aircraft and multiple UA larger 

then this UA meet the conditions of Section 333. The FAA has found in multiple UA 

that the requested relief from 14 CFR part 21, and any associated noise certification 

and testing requirements of part 36, is not necessary. Exemption No. 11217 from 

Notus Access and Exemption No. 11238 from San Diego Gas & Electric were 

granted in support of the InstantEye Mk-2.

Please direct all questions and concern to Mr. Thomas Vaneck at Physical Sciences 

Inc. vaneck@psicorp.com