February 2, 2015

Anton A. Ewing, JD

Video Solutions, LLC

2175 Cowley Way

San Diego, CA 92110

619-719-9640

Anton@antonewing.com

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

West Building Ground Floor Room W12-140

Washington, DC 20590

Nia Daniels, ARM-108

Federal Aviation Administration

Office of Rulemaking, Airmen & Airspace Rules Division

800 Independence Avenue, SW

Washington, DC 20591

Petition for Exemption

Federal Aviation Administration

Re: Unmanned Aircraft System (DJI Phantom Quadcopter drone) use in NAS for compensation

Dear Ms. Daniels:

I am writing in response to your request for additional information dated February 2, 

2015. This letter shall serve as a full and complete response to your questions and adding 

additional information to assist you in the process of approving the application for Section 333 

exemption. In your letter, you asked for the following:

 Provide information regarding the proposed Loss Link Procedures.

This information can be located in the aircraft manual, which is attached and outlined 

below. The DJI Phantom Vision 2 is designed to increase altitude 20 meters or 60 feet 

upon loss of signal between the ground controller held by the pilot and the aircraft itself. 

Upon reaching the higher altitude (a safety feature to avoid people, trees and buildings), 

the UAS will return to its original take-off point of origin and slowly land. It is critically
important for the pilot to calibrate the aircraft prior to its flight. The calibration 

procedure sets the compass and lets the aircraft’s onboard computer know where it is 

located on earth.

The UAS also has a flytrex black box system installed which tracks every flight so if a 

loss of link to the aircraft from the controller ever occurs, then the pilot can follow and 

retrieve the UAS when it lands. 

 Provide information regarding the proposed Flight Termination System (FTS). This 

information can be located in the aircraft manual, which is attached and outlined below.

 Your petition references the material listed below, however the material was not 

submitted for the record. Please provide a copy of the following referenced materials:

o Operator’s Manual

The Operator’s Manual is attached.

Failsafe Function

The DJI Phantom UAS will enter Failsafe mode when its connection to the Remote Controller is lost. The 

Flight Control System will automatically control the aircraft to return to home and land to prevent injury or 

damage.

Home Point: When the Phantom enters ’Ready to Fly’ from the ‘Ready to Fly status (non-GPS)’, the GPS 

coordinates will be recorded and set as the home point.

 1) When Remote Controller signal is lost, the aircraft will return to the recorded home point 

coordinates and land.

 2) Home point coordinates are used to calculate the horizontal distance of the aircraft (shown as 

“Distance” on the GUI of the DJI VISION App).

 3) After successfully record the home point, rear LED flight indicators blink fast green.

When will Failsafe Activate?

 1. The Remote Controller is powered off.

 2. The Phantom has flown out of effective communication range.

 3. The signal between the Remote Controller and the Phantom has been blocked.

 4. There is interference causing a signal problem with the Remote Controller.

Failsafe Procedure

Initiating the Failsafe mode from different flying statuses will results in different landing processes.
Ready to Fly (non-GPS) ---- Automatic landing

The Flight Control System will keep the aircraft level during descent and landing. It may be drift during the 

descent and landing process.

Ready to Fly ---- Automatic go home and land

The Flight Control System will automatically control the aircraft to fly back to the home point and land.

The below demonstrates the complete Ready to Fly Failsafe landing process.

 (1)To ensure the aircraft successful return to home after Failsafe activation, the PIC will only fly in 

Ready to Fly mode.

 (2)The Phantom will automatically descend during the Failsafe process if there are less than 6 GPS 

satellites detected for more than 20 seconds.

Quickly flipping the S2 switch of the Remote Controller from top to bottom 5 times or more will reset the 

current aircraft position as a new home point. Rear LED flight indicators will blink green rapidly when 

successful.

Failsafe on the DJI VISION App

The DJI VISION App will provide information during Failsafe.

Regaining Control During Failsafe Procedures
Low Battery Capacity Warning Function

The low battery capacity warning alerts users when the battery is close to depletion during flight. When it 

appears, users should promptly fly back and land to avoid accidental damage. The PHANTOM 2 has two 

levels of low battery capacity warning. The first appears when the battery has less than 30% power and 

the second appears when it has less than 15% power.

 (1)When battery power drops below 30% and LED indicator will blink red slowly.

 (2)At lower than 15% the LED indicator will blink red rapidly, the PHANTOM 2 will also begin to 

descend and land automatically. After it has landed, keep the throttle stick at its lowest point or 

execute CSC.

 (3) There is a hidden third low battery threshold in addition to the 1st and 2nd level warnings. This 

uses 10.65V as its threshold. Both this voltage threshold and the 2nd Level Low Battery Warning will 

trigger auto-landing. Altitude can be maintained if necessary by pushing up on the throttle stick.

If the DJI smart battery is depleted to a point that may affect the safe return of the 

aircraft, the low battery level warning notifies the pilot to take action. The pilot shall then land 

the aircraft immediately when the pilot observes these warnings. The thresholds for these 

warning are automatically determined based on the current aircraft altitude and its distance from 

the Home point.

The UAS will automatically descend during the Failsafe process if there are less than 6 

GPS satellites detected for more than 20 seconds.

The terms and conditions of Grant of Exemption No. 11062 are hereby incorporated by 

this reference as if fully set for herein with the exception of the mandatory 3rd class medical 

certificate as well as the other safer restrictions contained herein. Petitioner proposes that no 3rd

class medical certificate shall be required, but rather a valid state motor vehicle driver’s license 

as well as an FAA private pilot rotercraft helicopter license and a fixed-wing, single engine land, 

pilot license. Petitioner proposes that a fixed-wing, single engine land FAA pilot license alone is 

insufficient and unsafe because airplane pilots do not understand, comprehend nor are they

trained on helicopter aerodynamic and the physics of vertical flight issues like settling with 

power, etc. Additionally, a helicopter license alone is also insufficient and unsafe. Both airplane 

and rotorcraft licenses must be required to safely pilot a UAS. Additionally, the PIC must have 

completed an FAA approved ground school within the previous five years. This a critical 

component in order to ensure that USA approved pilots know and understand airspace rules and 
requirements. While Petitioner Anton Ewing seeks approval without the requirement of having a 

current third class medical certificate from an FAA approved medical doctor; the petition for 

exemption does require the UAS pilot in command to be able to pass a 1st Class medical exam 

from a physiological only standard. In other words, the UAS PIC must have vision – distance 

20/20 and near 20/40 (correctable with lenses), hearing, audiology, physical dexterity, ability to 

perceive color, ECG, pulse, blood pressure, zero substance abuse, and all other physical 

biological requirements of a 1st Class medical certificate. However, no actual medical certificate 

will be required, 1st, 2nd or 3rd class. Additionally, any UAS PIC must be over the age of 30 and 

devoid of diabetes, angina, coronary heart disease, myocardial infarction, epilepsy, or nervous 

system disorders. The UAS PIC must be able to read, write and speak English fluently without 

accent. Again, no actual medical certificate shall be required, only a valid driver’s license and 

the ability to pass the 1st class medical as detailed above.

Petitioner hereby proposes the following additional terms and conditions for the grant of 

the exemption requested herein:

The UAS proposed by the petitioner is a proprietary design, conceived and constructed 

by Anton Ewing. The UAS is referred to as a DJI Phantom Quadcopter, and has four rotors and 

four motors in a quadcopter configuration. Petitioner also intends to employ an S1000 

octocopter for some flights. The UAS referenced herein is under 30 lbs, will be flown at all 

times under 300 feet AGL as measured by the UAS GPS system, kept within line of sight of the 

Pilot in Command at all times, will have a separate safety observer at all times in communication 

with the PIC within 5 feet of eachother, will not be flown in excess of 30 miles per hour, never 

flown at night, always using Visual Flight Rules and within direct visual line of sight, never 

using first person view by the PIC, the PIC will be able to use human vision unaided by any 

device other than corrective lenses as specified by a current state issued drivers license, with 72 

hours advance notice to the local FSDO of flight operations, the PIC will have over 300 hours of 

logged flight experience in the same UAS type or model, including 20 take-offs and landings 

within the prior 30 days, and a full and complete inspection of aircraft by the PIC prior to take 

off.

The PIC will follow the manufacturer’s UAS aircraft/component, maintenance, overhaul, 

replacement, inspection, and life limit requirements. When unavailable, aircraft 

maintenance/component/overhaul, replacement, and inspection/maintenance requirements must 

be established and identified in the operator’s manual. At a minimum, the following will be 

included in the operator’s manual: 

a. Actuators / Servos 

b. Transmission (single rotor) 

c. Powerplant (motors)

d. Propellers 

e. Electronic speed controller 

f. Batteries 

g. Mechanical dynamic components (single rotor) 

h. Remote command and control 

i. Ground control station (if used) 
j. Any other components as determined by the operator 

Prior to each flight the PIC must inspect the UAS to ensure it is in a condition for safe 

flight. If the inspection reveals a condition that affects the safe operation of the UAS, the aircraft 

is prohibited from operating until the necessary maintenance has been performed and the UAS is 

found to be in a condition for safe flight. The Ground Control Station, if utilized, must be 

included in the preflight inspection. All maintenance and alterations must be properly 

documented in the aircraft records. 

Any UAS that has undergone maintenance or alterations that affect the UAS operation or 

flight characteristics, e.g. replacement of a flight critical component, must undergo a functional 

test flight in accordance with the operator’s manual. The PIC who conducts the functional test 

flight must make an entry in the UAS aircraft records of the flight. The requirements and 

procedures for a functional test flight and aircraft record entry must be added to the operator’s 

manual. 

Prior to operations conducted for the purpose of motion picture filming (or similar 

operations), the PIC must have accumulated and logged, in a manner consistent with 14 CFR § 

61.51 (b), a minimum of eight hours as UAS pilot operating the make and model of UAS to be 

utilized for operations under the exemption and twenty take-offs and twenty landings in the 

preceding 60 days. Training, proficiency, experience-building, and take-off and landing currency

flights can be conducted under this grant of exemption to accomplish the required flight time and 

90 day currency. During training, proficiency, experience-building, and take-off and landing 

currency flights all persons not essential for flight operations are considered non-participants, 

and the PIC must operate the UA with appropriate distance from non-participants in accordance 

with 14 CFR § 91.119. 

Prior to any flight operations authorized by this grant of exemption, the PIC and visual 

observer (VO) must have successfully completed a qualification process, as outlined in the 

operator’s manual. As this is a requirement stipulated by the operator, the test must be developed 

and implemented by a qualified person designated at the sole discretion of the operator. A record 

of completion of this qualification process must be documented and made available to the 

Administrator upon request. The UAS will only operate within a closed environment. A 

briefing will be conducted in regard to the planned UAS operations prior to each day’s 

production activities. It will be mandatory that all personnel, including pilot in command, 

camera operator, visual observer, safety observer, and film director or the director of 

photography, must be present for this briefing. The minimum crew for flight operations will be 

the FAA licensed helicopter-rotorcraft pilot and one safety observer who may also be the camera 

operator.

Prior to operations conducted for the purpose of motion picture filming (or similar 

operations), a flight demonstration, administered by an operator-approved and -qualified pilot 

must be successfully completed and documented. This documentation must be available for 
review upon request by the Administrator. Because the knowledge and airmanship test 

qualifications have been developed by the operator, and there are no established practical test 

standards that support a jurisdictional FAA FSDO evaluation and approval of company

designated examiners, the petitioner will conduct these tests in accordance with the operator’s 

manual. The USA pilot in command will file a Certificate of Waiver, FAA Form 7711-1, or its 

equivalent, with the appropriate FSDO.

Permission from the relevant real property holders will be obtained.

All required permissions and permits will be obtained from territorial, state, county or 

city jurisdictions, including local law enforcement, fire, and other appropriate government 

agencies.

No flight operations will ever be conducted over any sporting events anywhere or within 

10 miles of the Whitehouse in Washington DC. Additionally, no flight operations will be 

conducted over any US military base or any federal or state prison. No flight operations will be 

conducted within the take-off or landing flight path of any airport, whether towered or nontowered. No flight operations will be conducted near any hospital or helicopter landing pad.

The UAS may not be operated directly over any person, except authorized and consenting 

production personnel, below an altitude that is hazardous to persons or property on the surface in 

the event of a UAS failure or emergency. 

The flight log book, UAS operations manual for the make and model as well as safety 

procedures manual and written consent of persons on the closed set will be available for FAA 

inspection at all times.

Regarding the distance from participating persons, the operator’s manual has safety 

mitigations for authorized and consenting production personnel. At all times, those persons must 

be essential to the closed-set film operations. Because these procedures are specific to 

participating persons, no further FSDO or Aviation Safety Inspector (ASI) approval is necessary

for reductions to the distances specified in the petitioner’s manuals. This is consistent with the 

manned aircraft procedures described in FAA Order 8900.1, V3, C8, S1 Issue a Certificate of 

Waiver for Motion Picture and Television Filming.

Regarding distance from non-participating persons, the operator must ensure that no 

persons are allowed within 600 feet of the area except those consenting to be involved and 

necessary for the filming production. This provision may be reduced to no less than 250 feet if it 

would not adversely affect safety and the Administrator has approved it. For example, an 

equivalent level of safety may be determined by an aviation safety inspector’s evaluation of the 

filming production area to note terrain features, obstructions, buildings, safety barriers, etc. Such 

barriers may protect non-participating persons (observers, the public, news media, etc.) from 

debris in the event of an accident. This is also consistent with the same FAA Order 8900.1, V3, 

C8, S1. 
If the UAS loses communications or loses its GPS signal, the UA must return to a predetermined location within the security perimeter and land or be recovered in accordance with 

the operator’s manual. The Pilot shall conduct a compass calibration procedure prior to take off 

to ensure the return to home systems are fully functional.

The UAS will not carry onboard any pilot or passenger and will not have any payload 

that is flammable or explosive. All UAS flights will be battery operated and not gas powered.

The UAS must abort the flight in the event of unpredicted obstacles or emergencies in 

accordance with the operator’s manual. 

Each UAS operation must be completed within 20 minutes flight time or with 25% 

battery power remaining, whichever occurs first. See Exemptions 2689F, 5745, 10673 and 

10808.

The PIC will request a NOTAM not more than 72 hours in advance, but not less than 48 

hours prior to the operation.

The operator must develop procedures to document and maintain a record of the UAS 

maintenance, preventative maintenance, alterations, status of replacement/overhaul component 

parts, and the total time in service of the UAS. These procedures must be added to the operator’s 

manual. 

Each UAS operated under this exemption must comply with all manufacturer Safety 

Bulletins. 

The operator must develop UAS technician qualification criteria. These criteria must be 

added to the operator’s manual.

The preflight inspection section in the operator’s manual must be amended to include the 

following requirement: The preflight inspection must account for all discrepancies, i.e. 

inoperable components, items, or equipment, not covered in the relevant preflight inspection 

sections of the operator’s manual. 

Before conducting operations, the radio frequency spectrum used for operation and 

control of the UA must comply with the Federal Communications Commission (FCC) or other 

appropriate government oversight agency requirements. 

At least three days before scheduled filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local FSDO with jurisdiction over the 

area of proposed filming. The 3-day notification may be waived with the concurrence of the 

FSDO. The plan of activities must include at least the following: 

a. Dates and times for all flights 
b. Name and phone number of the operator for the UAS filming production conducted under 

this grant of exemption 

c. Name and phone number of the person responsible for the on-scene operation of the UAS 

d. Make, model, and serial or N-number of UAS to be used 

e. Name and certificate number of UAS PICs involved in the filming production event 

f. A statement that the operator has obtained permission from property owners and/or local 

officials to conduct the filming production event; the list of those who gave permission must be 

made available to the inspector upon request. 

g. Signature of exemption-holder or representative 

A description of the flight activity, including maps or diagrams of any area, city, town, 

county, and/or state over which filming will be conducted and the altitudes essential to 

accomplish the operation 

The documents required under 14 CFR § 91.9 and § 91.203 must be available to the PIC at 

the ground control station of the UAS any time the aircraft is operating. These documents must 

be made available to the Administrator or any law enforcement official upon request. 

The UA must remain clear and yield the right of way to all other manned operations and 

activities at all times (including, but not limited to, ultralight vehicles, parachute activities, 

parasailing activities, hang gliders, etc.).

UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations 

must be conducted under visual meteorological conditions (VMC). Flights under special visual 

flight rules (SVFR) are not authorized. 

The UAS cannot be operated by the PIC from any moving device or vehicle. 

The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally

from a cloud or when visibility is less than 3 statute miles from the PIC. 

The UA may not operate in Class B, C, or D airspace without written approval from the 

FAA. The UA may not operate within 5 nautical miles of the geographic center of a non-towered 

airport as denoted on a current FAA-published aeronautical chart unless a letter of agreement 

with that airport’s management is obtained, and the operation is conducted in accordance with a 

NOTAM as required by the operator’s COA. The letter of agreement with the airport 

management must be made available to the Administrator upon request. 

Any 1) incident, 2) accident, or 3) flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported to the 

Federal Aviation Administration’s (FAA) UAS Integration Office (AFS-80) within 24 hours. 
Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov. Further flight operations may not be conducted 

until the incident, accident, or transgression is reviewed by AFS-80 and authorization to resume 

operations is provided. 

Section 91.103 provides that 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.

UASs by their design do not have fully functional dual controls. Flight control is 

accomplish through the use of a control box that communicates with the aircraft via 2.4 or 5.8 

GHz radio communications. The FAA has approved exemptions for flight training without fully 

functional dual controls for a number of aircraft and for flight instruction in experimental 

aircraft. See Exemption No. 5778K and 9862A. The equivalent level of safety provide by the 

fact that neither a pilot nor passengers will be carried in the aircraft and by the small size and 

slow speed of the aircraft.

14 C.F.R. §91.121 requires each person operating an aircraft to maintain cruising 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 UAS may not have a barometric 

altimeter but instead a GPS altitude read out, an exemption is needed. The UAS has a 

barometric telemetric data feed. This altitude information will be generate by equipment 

installed on the aircraft, GPS triangulation or any combination thereof. Before each flight, a zero 

altitude initiation point will be established and confirmed for accuracy by the PIC.

The DJI Phantom 2 vision plus is a highly successful consumer grade small rotorcraft in 

the quadcopter configuration with an advertised weight of less than 44 Ounces (1242g) designed 

primarily to carry aloft a high definition camera. It has an advertised maximum speed of less 

than 30 knots (15m/s) and a maximum climb rate of less than 1200 feet per minute (6 m/s). It is 

powered by four electric motors with a distance between motors of less than 14 inches (350mm) 

It utilizes an internal inertial measuring unit (IMU) with integrated barometric sensor augmented 

with global positioning system (GPS) to maintain its geospatial orientation and position. It is 

controlled primarily through an FCC certified radio control (RC) unit. Real time video and 

telemetry information is transmitted back to a ground control station allowing the operator and/or 

PIC to monitor battery level, GPS signal strength, altitude (AGL), distance from PIC, camera 

imagery, and control camera angle. It has failsafe modes of operation for either loss of RC or 

GPS signal. Altitude can be limited by the onboard flight controller and maximum altitude can

be preprogrammed by the PIC. Battery life limits flight times to approximately 25 minutes. The 

onboard flight controller will warn the pilot via telemetry and external lighting cues before 

reaching a low battery state. An automatic termination of flight and landing will be initiated 

when the battery reaches a predetermined low state. It is anticipated that flights will usually last 

less than 10 minutes.

Unless otherwise specified in this grant of exemption, the UAS, PIC, and operator must 

comply with all applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.
The Federal Aviation Administration by and through its authorized representative is 

requested to approve this petition based on the above terms and conditions for a certificate of 

authority and certificate of exemption to operate within the above parameters for compensation 

or hire within the United States National Air Space.

Respectfully submitted:

/s

Anton A. Ewing, JD