March	15,	2015

U.S.	Department	of	Transportation

Docket	Management	System

1200	New	Jersey	Ave.,	SE

Washington,	DC	20590

Re:	Exemption	Request	under	Section	333	of the	FAA	Reform	Act	and	Part	11	of the	

Federal Aviation	Regulations

Dear	Sir	or	Madam:

Pursuant	to	Section	333	of	the	FAA	Modernization	and	Reform	Act	of	2012	(the	

"Reform	Act") and	14	C.F.R.	Part 11,	XplorIt	Multimedia	Technologies	(XplorIt),	

seeks	an	exemption	from	Federal Aviation	Regulations	("FARs")	detailed	below	for	

the DJI	Phantom	2	Vision+	Unmanned Aircraft	System	manufactured	by	DJI	of	

Shenzhen,	China.

The	requested	exemption	would	support	an	application	for	a	commercial	Certificate	

of Authorization to	use	the	system	to	support	aerial	cinematography	for	XplorIt’s	

interactive	virtual	multi-media	platform.	The	DJI Phantom	2	Vision+	system	consists	

of	a	lightweight	(2.	73	pounds)	battery	operated	aircraft, based	on	a	small	hand-held	

remote	control	operating	on	5.8	GHz	and	is	CE	and	FCC	compliant. In	addition	to	the	

remote	control,	the	DJI	Phantom	2	Vision	+	offers	the	pilot	with	First	Person

Viewing	"FPV"	via	WiFi	connection	and	ground	control	receiver	independent	of	the	

main remote	control	device.	The	aircraft	carries	an	onboard	geo-referenced	camera	

that	allows	it to	conduct	precision	imaging	and	videography	at	the	resolutions	

necessary	for	to	enhance	our	advanced	virtual	exploration	technology.	This	highresolution	imaging	will	be	used	as	an	educational	tool	to	improve	spatial	awareness	

and	to	advance	the	experience	within	our	immersive	multi-media	environments	

(examples	attached,	Appendix	J)	

The	aircraft	will	be	operated	in	the	field	with	both	a	Pilot	in	Command	(PIC)	and	a	

ground-based Visual	Observer	(VO)	in	accordance	with	FAA	Policy N	8900.227	

Section	14	"Operational Requirements	for	UAS"	with	the	following	additional	

restrictions:

-All	operations	will	occur	in	Class	G	airspace	at	no	more	than	400'	AGL
-Operations	will	be	operated	over	private	property	with	the	permission	of	the	land	

owner	or representative	of	land	owner

- All	required	permits	will	be	obtained	from	state	and	local	government	prior	to	

operation

- The	aircraft	will	not	be	operated	over	urban	areas

-When	necessary,	the	aircraft	will	only	be	operated	over	populated	business	parcels	

before	normal business	operating	hours	to	maintain	safe	and	efficient	flights	at	all	

times,	noting	the	general public's	safety	is	our	main	priority

-The	aircraft	will	not	be	operated	at	air	shows	or	over	an	open-air	assembly	of	

people

- The	aircraft	will	not	be	operated	within	5	NM	of	an	airport	or	heliport

- Operations	will	be	limited	to	day,	visual	meteorological	conditions

-Aircraft	will	remain	within	Visual	Line	of	Sight	at	no	greater	than	1/2	NM	of	the	PIC	

at	all	time

- While the	aircraft	is	airborne,	the	VO	will	be	positioned	within	voice	distance	to	the	

PIC

The	PIC	and	VO	will	meet	the	requirements	outlined	in	FAA	Policy	N	8900.227	

Section	16 Personnel	Qualifications.	Additionally,	the	PIC	and	VO	will	perform	

maintenance	on	the	system and	will	complete	a	course	of	maintenance	instruction	

as	part	of	their	initial	training.	Due	to	the simplicity	of	the	system,	we	do	not	

anticipate	the	need	for	a	supplemental	pilot.

We	submit	that	the	combination	of	the	aircraft's	light	weight,	historically	

demonstrated	flight performance, fully	qualified	flight	crew	and	strict	operation	

under	the	guidelines	established	in 8900.227,	the	FAA	can	have	confidence	that	the	

operation	will	have	an	equivalent	or	greater level	of	safety	of	manned	aircraft	

performing	the	same	mission.

The	name	and	contact	information	of	the	applicant	are:

XplorIt	Multimedia	Technologies

924	Incline	Way

Incline	Village	NV	89451

Attn:	Greg	Murtha

Ph:	775-298-2690

Fax:	775-298-2677

Email:	greg@xplorIt.com

The	regulations	from	which	the	exemption	is	requested	are	as	follows:

- 14	CFR	Part	21

- 14	CFR	91.203

- 14	CFR	45.23,	45.29

- 14	CFR	91.9

- 14	CFR	61.113,61.133

- 14	CFR	91.11	9

- 14	CFR	91.121,91.151
- 14	CFR	Subpart	E	(91.401- 91.417)

-FAA	Policy	8900.227	Paragraph	16(c)(4)	and	Paragraph	16(e)(1)

Thanks	in	advance for	your	time	and	consideration.	We’re prepared	to	modify	or	

amend	any	part	of	this	request	to	satisfy	the	need	for	an	equivalent level	of	safety.	

Should	you	need	any	additional	information	or	clarification	please	feel	free	to	

contact	our	office	at	any	time.	

Sincerely,

Greg

Greg	Murtha

President

XplorIt	Multimedia	Technologies
Appendices:

A.	Exemption	Request	and	Equivalent	Level	of	Safety

B.	Maintenance	Procedures

C.	User	Manual

D.	Training	Program

E.	Quick	Start	Guide	and Description	List

F.	Model	Updates

G.	Manufacture	Disclaimer

H.	Energy	Management	&	Battery	Guidelines

I.	Aviation	Experience

31Page	Appendix	A
Appendix	A	

EXEMPTION	REQUESTS	AND	EQUIVALENT	LEVEL	OF	SAFETY

XplorIt	Multimedia	Technologies requests	an	exemption	from	the	following	

regulations	as	well	as	any	additional	regulations	that	may	technically	apply	to	the	

operation	of	the	DJI	Phantom	2	Vision+:

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	for	the	DJI	Phantom	2	Vision+	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	compliance	for	issuance	of	type	and	supplemental	type	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	used	for	commercial	purposes	such	as	

market	surveys,	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	property,	will	not	carry	fuel,	and	will	only	fly	

under	strict	operational	requirements.	Combined	with	the	fact	that	the	aircraft	

weighs	only	2.	73	pounds	and	is	constructed	primarily	out	of	injected	plastic,	we	

propose	that	the	DJI	Phantom	2	Vision+	will	be	at	least	as	safe,	if	not	safer,	than	a	

conventionally	certificated	aircraft	performing	the	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	safety	

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."	At	2.73	pounds,	the	DJI	Phantom	

2	Vision+	is	too	small	to	carry	documentation,	does	not	have	an	entrance,	and	is	not	

capable	of	carrying	passengers	or	crew.	To	obtain	an	equivalent	level	of	safety	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	ground	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:	DJI

Model:	Phantom	2

Vision+

Model	Number:	PV331

Serial	Number:

PH645302668

Registered to:

XplorIt	Multimedia	Technologies

924	Incline	Way

Incline	Village,	NV	89451

If	found	please	contact:	(775)	298-2690

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	station.	The	2.73	pound	DJI	Phantom	2	

Vision+	does	not	have	an	entrance	in	which	the	word	"EXPERIMENTAL"	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	by	including	the	word	

"EXPERIMENTAL"	on	the	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.	Finally,	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	site	of	the	

ground	station,	the	banner	should	be	visible	to	anyone	that	observes	the	aircraft	and	

chooses to	investigate	it's	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	flight	manual	information	is	available	to	the	aircrew	

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	safety	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	anytime	the	aircraft	is	in,	or	preparing	for,	flight.

5I	Page	Appendix	A

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	to	act	as	pilot	in	command	of	an	aircraft	in	connection	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.

Our	proposed	operations	meet	the	requirements	of8900.227	para	16(c)(2)(c)	

"Operations	without	a	pilot	certificate"	in	which	the	PIC	is	required	to	complete	

"FAA	commercial	pilot	ground	instruction"	and	pass	"the	FAA	commercial	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	apply	for	

a	commercial	pilot's	license,	we	propose	to	generate	an	equivalent	level	of	safety	by	

requiring	our	pilots	to	complete,	at	a	minimum,	FAA	Private	Pilot	ground	instruction	

and	pass	the	FAA	Private	Pilot	written	examination	in	addition	to	completing	the	

Private	Pilot	requirements.	Since	the	aircraft	cannot	carry	passengers	or	property,	

we	feel	we	meet	the	intent	of	61.113	Subparagraph	(b)	even	though	the	intent	of	

this	application	is	to	conduct	a	business.

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	person,	vessel,	vehicle,	or	structure.	Since	the	

aircraft	will	be	operating	at	a	maximum	of	400	feet	AGL,	we	cannot	comply	with	this	

requirement.	To	provide	an	equivalent	level	of	safety	we	will	only	fly	over	private	

property	with	the	permission	of	the	landowner.	The	landowner will	be	briefed	of	

the	expected	route	of	flight	and	the	associated	risks	to	persons	and	property	on	the	

ground.	We	maintain	that	due	to	the	small	size	of	the	DJI	Phantom	2	Vision+,	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	not	be	operated	over	congested	areas	nor	over	any	open	air	

assembly	of	persons. The	aircraft	will	be	operated	at	an	altitude	allowing,	if	a	power	
unit	fails,	an	emergency	landing	without	undue	hazard	to	persons	or	property	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	within	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	pilot	should	be	Above	Ground	Level	and	should	be	

based	on	the	barometric	pressure	at	the	point	of	launch.	To	provide	an	equivalent	

level	of	safety,	the	UAS's	AGL	altimeter	will	be	set	to	zero	on	the	ground	prior	to	

every	flight.	Since	the	aircraft	will	fly	no	more	than	15	minutes	per	flight,	even	rapid	

changes	in	barometric	pressure	will	have	limited	affect	on	the	safety	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	dayVFR	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.

The	DJI	Phantom	2	Vision+	is	battery	operated	and	the	maximum	duration	of	flight	

from	a	single	battery	charge	is	15	minutes.	Since	the	aircraft	will	never	fly	more	

than	1/2	nm	from	the	point	of	intended	landing,	a	full	battery	charge	at	launch	will	

ensure	that	we	meet	the	reserve	energy	requirement	of	this	paragraph.	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 Alterations.

The	regulation	provides	that	the	operator	is	primarily	responsible	for	maintaining	

the	aircraft	in	an	airworthy	condition,	including	compliance	with	part	39	and	43.	

Paragraphs	91.407	and	91.409	require	that	the	aircraft	be	"approved	for	return	to	

service	by	a	person	authorized	under	43.7"	after	maintenance	and	inspection.	It	is	

our	intention	that	the	PIC	perform	maintenance	and	inspection	of	the	aircraft	and	

"be	authorized	to	approve	the	aircraft	for	return	to	service."

As	provided	in	the	attached	Maintenance	Procedures,	the	PIC	will	ensure	that	the	

aircraft	is	in	an	airworthy	condition	prior	to	flight	and	conduct	detailed	inspections	

after	every	10	hours.	Maintenance	performed	by	the	PIC	is	limited	to	repairing	small	

cracks,	replacing	a	propeller,	and	updating	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	equivalent	level	of	safety.

8900.227 Paragraph	16(c)(4)	PIC	Medical and	Paragraph	16(e)(l)	Observer	

Medical.

This	policy	provides	that	both	the	PIC	and	VO	must	have	a	valid	FAA	second-class	

medical	certificate	issued	under	part	67	in	order	to	perform	as	a	pilot	or	observer.	

The	aircraft	weighs	2.73	pounds	and	is	constructed	out	of	injected	plastic.	Requiring	

the	crew	to	meet	the	same	medical	requirements	as	a	commercial	pilot	carrying	

passengers	in	a	large	aircraft	is	an	unnecessary	burden.

We	propose	that	the	minimum	medical	requirements	be	the	PIC	must	possess	a	

current	third-class	medical	certificate.	Given	the	unlikely	event	that	both	the	PIC	and	

VO	become	medically	incapacitated	while	the	aircraft	is	in	flight,	the	DJI	Phantom	2	

Vision+	will	recover	autonomously	to	the	landing	location	designated	prior	to	

launch	without	crew	intervention.

Additional	Information	to	Support	Request.

Per	Regulatory	Docket	No.	FAA-2014-0508	and	Exemption	Number	11136,	we	feel	

XplorIt	Multi-media	technologies	models	the	similar	aforementioned	request	and	

that	all	information	provided	should	meet the	requirements	for	Section	333	Grant	of	

Exemption.

Appendix	B

MAINTENANCE	PROCEDURES

http://wiki.dji.com/en/index.php/Phantom_2_Vision%2B_Flight_Testing

See	PDF	attachment	Phantom	2	Vision	Plus	User	manual	v	1.8	en.pdf		Appendix	C	

page	49	Troubleshooting

Appendix	C

USER	MANUAL

See	PDF	attachment	Phantom	2	Vision	Plus	User	manual	v	1.8	en.pdf		

Appendix	D

TRAINING	PROGRAM - See	PDF	Attachment

http://download.djiinnovations.com/downloads/phantom_2_vision_plus/en/Phantom_2_Vision_Plus_Pi

lot_Training_Guide_v1.1_en.pdf

Appendix	E
http://download.djiinnovations.com/downloads/phantom_2_vision_plus/en/Phantom_2_Vision_Plus_Q

uick_Start_Guide_en.pdf

Appendix	F

MODEL	UPDATES

http://download.djiinnovations.com/downloads/phantom_2_vision_plus/en/Phantom_2_Vision_Plus_R

elease_Notes_en.pdf

Appendix	G

MANUFACTURE	DISCLAIMER

http://download.djiinnovations.com/downloads/phantom_2_vision_plus/Phantom_2_Vision_Plus_Discl

aimer.pdf

Appendix	H

ENERGY	MANAGEMENT	AND	BATTERY	GUIDELINES

http://download.djiinnovations.com/downloads/phantom_2_vision_plus/Smart_Flight_Battery_Safety_

Guidelines.pdf

Appendix	I

AVIATION	EXPERIENCE

XplorIt	Multi-media designates	(1)	pilot	for	all	duties	associated	with	the	UAS	for	

the	purpose	mentioned	in	Appendix	A.	The	pilot,	Greg	Murtha,	has	over	300	hours	of	

actual	flight	time	with	the	DJI	Phantom	Platform.	

Appendix	J

DMO's

LA	Tourism	- LA	Live

Santa	Clara	California

Huntington	Beach	California

Meet	Chicago	Northwest

Fairfield	California

California	Gold	Country	- El	Dorado	County
Folsom	California

Truckee	California	with	Olympic	Gold	Medalist	Julia	Mancuso

Sacramento	Convention	Center

Salt	Lake	City	- Salt	Palace	Convention	Center

Hotels

Renaissance	Schaumburg

Hilton Anaheim

Attractions

Kennedy	Space	Center

Yosemite National	Park

Tree	Top	Adventure	Park

Chateau	Montelena	Vineyards	Napa

Napa	Valley	Wine	Train

Mammoth	Mountain	Ski	Area

National	Trade	shows	and	Events

HI	TECH	2014	LA	Convention	Center

Nike	US	Open	of	Surfing	with	12	Time	World	Champion	Kelly	Slater

Sprint	US	Grand	Prix	- US	Ski	and	Snowboard	Team

Education

BYU