Sky

- View	Aerial	Service	LLC Charles	F.	Jacques	Jr. ,	Member

602	Centerton	Road Pittsgrove,	NJ	08318 Phone:	(609)	315

- 9997

Email: chuckjacques@comcast.net

April	16,	2015

U.S.	Department	of	Transportation (DOT) Docket	Operations,	M

- 30 1200	New	Jersey	Avenue	SE

Room	W12

- 140,	West	Building,	Ground	Floor Washington,	DC	20590

- 0001

Subject:	Request	for	Issuance	of	Exemption	under	Title	14	CFR,	Seciton	333

To whom it	May	Concern,

Pursuant	to	Section	333	of	th e	FAA Modernization and	Reform	Act	of	2012	and	14	CFR	Part
11, Sky

- View	 Aerial	 Services	 LLC,	 and	 Charles	 Jacques,	 it’s	 sole	 member hereby	 appies for exemption	from certain Federal	Aviation	Regulations	to	allow	for	the	commercial	operat ion	of

small	Unmanned Airc r aft	System s (sUAS)	so	long	as	 the	proposed	operations	are	conducted within	 and	 under	 the	 conditions	 outlined	 herein	 or	 as	 may	 be	 established	 by	 the	 FAA	 as required	in	accordance	with	Section	333.

If	granted,	it	is	my	intention	to	engage	in	the	comme rcial	operation	of	sUAS	in	order	to	offer services	to	multiple	industries	including	but	not	limited	to:

- Aerial	surveying	and	mapping

- Cell	tower	inspections

- Energy	Systems	inspections

- Pi p e line	inspections

- Aaerial	data	collection

- Residential	Real Estate	sales	presentations

- Public	safety	support	operations

T he	 requested	 exemption	 would	 permit	 the	 operations	 of	 sUAS	 by	 the	 applicant	 under controlled	 conditions	 in	 airspace	 that	 is	 1)	 limited,	 2)	 predetermined,	 3)	 controlled	 as	 to

acces s, 4)	 would	 pr ovide	 safety	 and environmental	 enhancements	 not	 possib le	 with	larger, manned	aircraft,	and	5) mitigate	the	inherent	risk	associated	with	the	deployment	of	men	and

women in	climbing	and	/or rappelling operations	as	may	often	times	be	required.- 2

-

Additi onally,	the	applicant	holds	a	private	pilot	certificate and	a	current	3 rd class	medical certificate, and	has	more	than	3000	hours	of	PIC	time	in	both	single	and	multi

- engine	aircraft, thereby	demonstrating	an	intimate	understanding	of	how	manned	aircraft	safely	navigate	the National	Airspace	System.

Finally, the	applicant	will	ensure	that	all	flights	wi ll	be	operated in	class	G	airspace	within visual	line	of	sight	(VLOS)	of	the	pilo t	and/or	a	visual	observer	(VO) under	daytime	VFR	flight

conditions	as	defined in	FAR	91.155. For flights	in	other	than	class	G	airspace,	the	controlling agency	will	be	notif ied	at	least	24	hours	in	advance,	and,	if	required,	any	necessary permission	will	be	obtained. The	sUAS	will	be	limited	to	a	maximum	altitude	of	400 feet	AGL or	100	feet	above	an	elevated	launch	site.		The	applicant	will	keep	the	sUAS	clear	of	and	yield

th e	right	of	way	to	all	manned	operations	and	activities	at	all	times	(including	but	not	limited

to ultra	light crafts,	skydiving	activities,	parasailing	activities,	hang	gliders,	and	hot	air

balloons.

Name	and	address	of	the	applicant: Sky

- View	Aerial	Ser vices	LLC Charles	F.	Jacques	Jr. ,	member

602	Centerton	Road Pittsgrove,	NJ	08318 Ph:	(609)	315

- 9997

Email: chuckjacques@comcast.net

Regulations	from	which	this	exemption	is	requested:

- 14	CFR Part	21	Subpart H

- 14	CFR Section	45.23(b)

- 14	CFR Section	61.113(a)	and	(b)

- 14	CFR Section	91.7(a)

- 14	CFR	Section91.9(b)(2)

- 14	CFR	Section	91.103

- 14	CFR Section	91.109

- 14	CFR Section	91.119

- 14	CFR Section	91.121

- 14	CFR Section	91.151 (a)

- 14	CFR Section	91.405(a)

- 14	CFR Section	91.407(a)(1)

- 14	CFR Section	91.409(a)(1)	and	(2)

- 14	CFR Section	91.417(a)	and	(b)

Descri p tion	of proposed sUAS The	applicant	proposed	to	utilize	the	Phantom	3 as	manufactured	by	DJI.	The	rotorcraft weighs	2.9	pounds	including	the payload that consists	of		a	Sony	camera	sensor. It	is	operated from	the	ground	utilizing	a	remote	controller	operating	at	a	frequency		of	2.400Ghz

- 2.483Ghz. The	maximum	airspeed	is	31	kts.	It	has	a	maximum	ascent	speed	of	985	ft.	per	minute	and	a

maximum	descent speed	of		590	ft.	per	minute.	The	Phantom	has	the	ability	to	hover,	and move	in	the	vertical	and	horizontal	plane	simultaneously.	It	is	equipped	with	integral	GPS	and- 3

-

one	touch	auto

- return	home	technology.	It	is	also	equipped	with	an	intelligent	ba ttery	which will	provide	approximately	23	minutes	of	flight	time,	and	will	cause	the	unit	to	return	to	the

takeoff point	upon	detection	of low	battery	power	or	the	loss	of	connection	with	the	remote

control	unit.	Please	see	the	manufact urer’s	specificati ons	attached	in	Appendix	“A”.

Safety The	following	operating	procedures	will	apply	during	the	sUAS	and	operations	under	this exemption	request:

1. Any	and	all	required	permissions	and	permits	will	be	obtained	from	appropriate	state, county,	or	city	jurisdic tions,	including	local	law	enforcement,	fire,	or	other appropriate	governmental	agency.

2. Approval	will	be	obtained	from	relevant	property	owners	prior	to	an	operation.

3. The	sUAS	to	be	deployed	by	the	applicant	is	the	Phantom	3	by DJI,	which has	an operational	weight	of	2.9	pounds.	See	the	complete	specifications	attached	herewith.

4. The	sUAS	pilot	in	command	(PIC)	will	be	trained	in	advance	for	the	safe	operation	of the	sUAS	to	be	operated.	This	will	include	operation	of	the	sUAS	in	both	norm al	and failsafe	modes	of	operation,	and	will	include	familiarization	with	the	operation manual	as	published	by	the	manufacturer attached	as	Appendix	“C ”

5. All	operations	will	be	conducted	:

i. within	visual	line	of	sight	of	the	PIC

ii. utilizing	a	visual	observer (VO)	if	the	sUAS	will	be	flown	beyond	the	line

o f	site	of	the	PIC

iii. at	less	than	400	feet	AGL	or	100	feet	above	an	elevated	launch	area

iv. within	class	G	airspace	unless	permission	is	received	at	least	24	hrs.	in advance	of	the	planned	flight.

v. u nder	daytime	VFR conditions	as	defined	by	FAR	91 .155.

vi. at	least	5	miles	from	any	airport,	heli port,	or	seaplane	base.

6. If	a	VO	is	required,	two

- way	communications	between	the	PIC	and	the	VO	must	be maintained	for	the	duration	of	the	flight.

7. The	 flight	 area	 of	 the	 sUAS	 will	 be	 observed	 for	 best takeoff and	 landing	 locations. Desired	 conditions	 include	 flat	 and	 level	 surfaces	 clear	 of	 debris,	 at	 least	 15’	 from power	lines	and	structures,	and	a	minimum	of	12’	from	PIC	and	VO.

8. The	sUAS	will	be	e quipped	with	safety	bumpers,	sold	by	the	manufacturer,	installed around	the	propellers	to	protect	the	propellers,	structures,	and	persons	from	damage and	injury.- 4

-

9. All	batteries	will	be	fully	charged	before	each	flight	and	each	flight	will	be	te rminated when	the	battery	has	20 %	power	level	remaining.

10. A	visual	safety	inspection	will	be	conducted	before	each	flight to	ensure	the

airworthiness	of	the	sUAS	in	accordance	with	the	manufac turer’s	operating instructions	and	the	open	pilot	pref light	chec klist	(see	appendix	“B ”). This	will	include checking	the	propeller	tightness,	the	security	of	the	bumper	guards,	and	remote

controls.

11. A	preflight	briefing	will	be	issued	by	the	PIC	to	all	personnel included	in	the	operation prior	to	launch. All	personnel w ho will	be	performing	d uties	for	the	operation	will	be present	for	the	briefing.

12. If	 appropriate,	 for	 the	 operation,	 the	 sUAS	 will	 utilize	 GPS	 navigation,	 failsafe,	 and

return

- to

- home	(RTH)	and/ or	flight	abort	safety	features.

Relief	requested
Part	21, Certification	Procedures	for	Products	and	Parts,	prescribes,	in	pertinent	part,	the procedural	requirements	for	issuing	and	changing	design	approvals,	production	approvals, airworthiness	certificates,	and	airworthiness	approvals.

The	applicant	requests	an exemption	from	14	CFR	Part	21,	Subpart	H	and	the requirement	for	an	airworthiness	certificate	in	general

Section	45.23(b)	prescribes,	in	pertinent	part,	that	when	marks	include	only	the	Roman capital	letter	“N”	and	the	registration	number	is	displayed	on	limited,	restricted,	or	light

- sport category	aircraft	or	experimental	or	provisionally	certificated	aircra ft,	the	operator	must	also display	on	that	aircraft	near	each	entrance	to	the	cabin,	cockpit,	or	pilot	station,	in	letters	not less	than	2	inches	nor	more	than	6	inches	high,	the	words	“limited,”	“restricted,”	“light

- sport,” “experimental,”	or	“provisional ,”	as	applicable.

Due	to	the	small	size	of	the	sUAS,	the	applicant	requests an	exception	from	14	CFR 45.23(b)	that	would	allow	the	sUAS	to	display	the	registration	number	in	letters	and numbers	as	large	as	practical	on	it’s	fuselage.

Section	61.113(a) and	(b)	prescribes	that

—

(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 connection	with	any	business	or	employment	if

—- 5

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(1)	The	flight	is	only	incidental	to	that	business	or	employment;	and

(2)	The	aircraft	does	not	ca rry	passengers	or	property	for	compensation	or	hire.

Because the	sUAS	is	incapable	of	carrying	a	pilot	or	passengers,	an d	due	to	the controlled	area	of	operation, the	applicant	seeks an exemption	from	this	regulation.

Th e	applicant	is	the	holder	of	a	pri vate	pilot	certificate.	We	believe	that	the	private pilot	certification	coupled	with	appropriate	training	as	outlined	in	the	flight	training manual	for	this	sUAS	(attached	in	Appendix	“C”)	exceeds	the	level	of	safety	provided	by a	single	pilot	holding	a	co mmercial	pilot’s	certificate	operating	in	a	conventional

aircraft.

Section	91.7(a)	prescribes	that	no	person	may	operate	a	civil	aircraft	unless	it	is	in	an airworthy	condition.

Given	that	if	this	exemption	is	granted,	there	will	be	no	airworthiness certificate ,	and no	standard	exists	for	an	aircraft	of	this	type.	We	propose	to	utilize	the	manufacturer’s operating	and	maintenance	manual	in	conjunction	with	the	open	pilot	preflight

checklist	attached	herewith	as	exhibit	“B”	to	assess	the	airworthiness of	the	sUAS.

Section	91.9(b)(2)	prescribes,	in	pertinent	part,	that	no	person	may	operate	a	U.S.

- registered civil	aircraft	unless	there	is	available	in	the	aircraft	a	current	approved	Airplane	or	Rotorcraft Flight	Manual,	approved	manual	material,	marking s,	and	placards,	or	any	combination

thereof.

Due	to	the	size	and	configuration	of	the	sUAS,	there	is	no	room	or	capacity	to	carry	such an	item	on	the	aircraft.	We	propose	maintaining	and	equivalent	level	of	safety	by keeping	the	manual	at	the	ground	cont rol	point	where	the	pilot	flying	the	sUAS	will

have	immediate	access	to	it.

Section	91.103	prescribes	that	each	PIC	shall,	before	beginning	a	flight,	become	familiar	with all	available	information	concerning	that	flight,	to	include

—

(a) For	a	flight	under	i nstrument	flight	rules	(IFR)	or	a	flight	not	in	the	vicinity	of	an airport,	weather	reports	and	forecasts,	fuel	requirements,	alternatives	available	if the	planned	flight	cannot	be	completed,	and	any	known	traffic	delays	of	which	the

PIC	has	been	advise d	b y	air	traffic	control	(ATC);

(b) For	any	flight,	runway	lengths	at	airports	of	intended	use,	and	the	following	takeoff and	landing	distance	information:

(1) For	civil	aircraft	for	which	an	approved	Airplane	or	Rotorcraft	Flight	Manual containing	takeoff	and	land ing	distance	data	is	required,	the	takeoff	and landing	distance	data	contained	therein;	and- 6

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(2) For	civil	aircraft	other	than	those	specified	in	paragraph	(b)(1)	of	this section,	other	reliable	information	appropriate	to	the	aircraft,	relating	to aircraft	performance	under	expected	values	of	airport	elevation	and	runway slope,	aircraft	gross	weight, and	wind	and	temperature.

We	request	a n	exemption	from	14	CFR	91.103	as	FAA	approved	flight	manuals	will	not be	used.	In	the	absence	of	the	flight	manuals,	the	PIC	will	take	all	pre

- flight	actions including	but	not	limited	to	reviewing	weather,	flight battery	requirements,	launch	and landing	area	assessments,	and	aircraft	performance	data	before	commencing	a	flight.

Section	91.109	prescribes,	in	pertinent	part,	that	no	person	may	operate	a	civil	aircraft (except	a	manned	free	balloon)	that	is	being	use d	for	flight	instruction	unless	that	aircraft	has fully	functioning	dual	controls.

We	request	an	exemption	from	14	CFR	91.109	as	evidence	is	inconclusive	that	a	person with	a	private	pilot	certificate	can	successfully	maneuver	or	trains	someone	in	the	sa fe operation	and	maneuvering	of	a	sUAS	without	first	hand	flight	experience	with	the particular	sUAS.	Therefore	the	training	we	will	offer	will	provide	an	equivalent	level	of safety.

Section	91.119	prescribes	that,	except	when	necessary	for	takeoff	or	lan ding,	no	person	may operate	an	aircraft	below	the	following	altitudes:

(a)	Anywhere.	An	altitude	allowing,	if	a	power	unit	fails,	an	emergency	landing	without undue	hazard	to	persons	or	property	on	the	surface.

(b)	Over	congested	areas.	Over any	congested	area	of	a	city,	town,	or	settlement,	or

over	any	open

- air	assembly	of	persons,	an	altitude	of	1,000	feet	above	the	highest obstacle	within	a	horizontal	radius	of	2,000	feet	of	the	aircraft.

(c)	Over	other	than	congested areas.	An	altitude	of	500	feet	above	the	surface,	except over	open	water	or	sparsely	populated	areas.	In	those	cases,	the	aircraft	may	not	be operated	closer	than	500	feet	to	any	person,	vessel,	vehicle,	or	structure.

(d)	Helicopters,	po wered	parachutes,	and	weight

- shift

- control	aircraft.	If	the	operation is	conducted	without	hazard	to	persons	or	property	on	the	surface

—

(1) A	helicopter	may	be	operated	at	less	than	the	minimums	prescribed	in paragraph	(b)	or	paragraph	(c)	of	this	s ection,	provided	each	person operating	the	helicopter	complies	with	any	routes	or	altitudes	specifically prescribed for	helicopters	by	the	FAA;	and

(2) A	powered	parachute	or	weight

- shift

- control	aircraft	may	be	operated	at less	than	the	minimums	prescribed	i n paragraph	(c)	of	this	section.- 7

-

We request	an	exeption	from	14	CFR	91.119	as	we believe	an	equivalent	level	of	safety will	be	achieved	given	the	size,	weight,	and	speed	of	the	sUAS.	No	flights	will	be	taken without	proper	notices	given,	and	permission	being	received	from	the	property owners,	therefore adequate notice	will	be	provided for	any individuals	that may	be affected	by	the	operation.	Additionally, since	there	is	no	flammable	fuel	load,	any potential	risk	associated	with	these	operations	is	far	less	than	those	presently presented	utilizing	conventional	aircraft	operating	below	5 00	ft.	AGL.	Finally,	the	low

altitude	restriction	of	the	sUAS	operations	will	ensure	separation	between	the	sUAS and	conventional	aircraft	that	must	comply	with	this	section.

Section	91.121	prescribes,	in	pertinent	part,	that	each	person	operating	an	airc raft	shall maintain	the	cruising	altitude	by	reference	to	an	altimeter	that	is	set	when	operating	below 18,000	feet	mean	sea	level	(MSL)	to	the	elevation	of	the	departure	airport	or	an	appropriate altimeter	setting	available	before	departure.

We	request an	exemption	from	14	CFR	91.121	as	the	sUAS	is	not	equipped	with	a barometric	altimeter,	but	instead	outputs	GPS	altitude	data.	An	equivalent	level	of safety	will	be	achieved	by	the	PIC	verifying	the	altitude	at	the	launch	site	prior	to	and during	the	flig ht.

Section	91.151(a)	prescribes	that	no	person	may	begin	a	flight	in	an	airplane	under	visual flight	rules	(VFR)	conditions	unless	(considering	wind	and	forecast	weather	conditions)	there is	enough	fuel	to	fly	to	the	first	point	of	intended	landing	and, assuming	normal	cruising speed

—

(1) During	the	day,	to	fly	after	that	for	at	least	30	minutes;	or

(2) At	night,	to	fly	after	that	for	at	least	45	minutes.

We	seek	an	exemption	from	14	CFR	151	as	we	believe	we	can	achieve	an	equivalent level	of	safety	by	requi ring	an	operation	to	be	terminated	when	the	indicated	battery power	reaches	20%.	This	would	provide	more	than	sufficient	time	for	the	sUAS	to return	to	it’s	planned	landing	zone	from	anywhere	in	the	limited	VSOL	operating	area.

Section	91.203(a)	prescribe s,	in	pertinent	part,	that	no	person	may	operate	a	civil	aircraft

unless	it	has	within	it

—

(1)	An	appropriate	and	current	airworthiness	certificate;	and

(3) An	effective	U.S.	registration	certificate	issued	to	its	owner	or,	for	operation	within

the United	States,	the	second	copy	of	the	Aircraft	Registration	Application	as provided	for	in	§	47.31(c).- 8

-

Section	91.203(b)	prescribes,	in	pertinent	part,	that	no	person	may	operate	a	civil	aircraft unless	the	airworthiness	certificate	or	a	special	flight	authorization	issued	under	§	91.715	is displayed	at	the	cabin	or	cockpit	entrance	so	that	it	is	legible	to passengers	or	crew.

We	request	an	exemption	from	14	CFR	203(a)	and	(b).	Since	the	UAS	weighs	less	than	3 pounds	carries	no	pilot	or	crew,	and	has	no	cockpit	or	cabin.	We	propose	to	keep	these documents	at	the	ground	control	point	where	the	PIC	will	have immediate	access	to them,	to	the	extent	the	are	applic able	to	the	sUAS.

Section	91.405(a)	prescribes,	in	pertinent	part,	that	each	owner	of	an	aircraft	shall	have	that aircraft	inspected	as	prescribed	in	subpart	E	of	this	part	and	shall,	between	require d

i nspections,	except	as	provided	in	paragraph	(c)	of	this	section,	have	discrepancies	repaired as	prescribed	in	part	43,	Maintenance,	Preventive	Maintenance,	Rebuilding,	and	Alteration.

Section	91.407(a)(1)	prescribes	that	no	person	may	operate	any	air craft	that	has	undergone maintenance,	preventive	maintenance,	rebuilding,	or	alteration	unless	it	has	been	approved for	return	to	service	by	a	person	authorized	under	§	43.7	of	this	chapter.

Section	91.409(a)(2)	prescribes,	in	pertinent	part,	that	no	per son	may	operate	an	aircraft unless,	within	the	preceding	12	calendar	months,	it	has	had	an	inspection	for	the	issuance	of an	airworthiness	certificate	in	accordance	with	part	21.

Section	91.417(a)	and	(b)	prescribe,	in	pertinent	part,	that

—

(a) Each	regis tered	owner	or	operator	shall	keep	the	following	records	for	the	periods specified	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	o r 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

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

aircraft	for	return	to	service.

(2)	Re cords	containing	the	following	information:- 9

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(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, propeller,	rotor,	and	appliance.

(iii) The	time	sinc e	last	overhaul	of	all	items	installed	on	the	aircraft that	are	required	to	be	overha uled	on	a	specified	time	basis.

(iv) The	 current	 inspection	 status	 of	 the	 aircraft,	 including	 the	 time since	 last	 inspection	 required	 by	 the	 inspection	 program	 under

which	the aircraft	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	required.

(vi) Copies	of	the	forms	prescribed	by § 43.9(d)	for	each	major alteration	to	the	airframe	and	currently	installed	engines,	rotors, propellers,	and	appliances.

(b) The	owner	o r	operator	shall	retain	the	following	records	for	the	periods prescribed:

(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	 re cords	 specified	in	 paragraph	 (a)(2)	 of	 this	 section	 shall	 be	 retained

and	transferred	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	rep aired	and	the	aircraft is	approved	for	return	to	service.

We	 request	 an	 exemption	 from	 14	 CFR	 91.405(a),	 91.407(a)(1),	 91.409(A)(2),	 and 91.417(a)	 and	 (b)	 as	 we	 believe	 these	 sections	 apply	 only	 to	 aircraft	 with	 an airworthiness	 certificate.	 The	 applicant will	 meet	 all	 maintenance	 requirements	 as prescribed	 by	 the	 manufacturer	 in	 accordance	 with	 the	 operating	 manual.	 This	 will provide	an	equivalent	level	of	safety	given	the	small	size	of	the	sUAS,	the	proximity	to the	PIC	during	flight,	the	short	duration of	flights	and	the	low	altitude.- 10

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In	the	even t of	a	mechanical	issue,	the	sUAS	can	land	immediately.	The	PIC	will	ensure

the	 sUAS	 is	 in pr oper	 working	 order	 prior	 to	 initiating	 flight,	 perform	 all	 required maintenance,	and	keep	a	log	of	any	mainten ance	performed.

Attachments:

- Appendix	“A”	DJI	Phantom	3	Series	Specifications

- Appendix	“B”	Open	Pilot	Preflight	Checklist

- Appendix	“C”	DJI	Phantom	Pilot	Training	Guide