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 Sy stem 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 Sy stem (DJ I 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 exe mption. Inyour 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 DJ I Phantom Vision 2 is designed to increase altitude 20 meters or 60 feet upon loss of si gn al 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 slowl y land. It is c riticallyimportant 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 fly

trex black box sy stem installed which tracks every flight so if a loss of link to the ai rcraft from the controller ever occurs, then the pilot can follow and retrieve the UAS when it lands.

 Provide information regarding the proposed Flight Termination Sy stem (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 cop y 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 dam age. **Home Point:** Wh en 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) Wh en Remote Controller signal is lost, the aircraft will return to th e 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 indicat ors blink fast green.


### When w ill 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) ----**  **Au tomatic 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 ----**  **Au tomatic go home and land**  The Flight Control System will automatically control the aircraft to fly back to the home p oint and land. The below demonstrates the complete Ready to Fly Failsafe landing process.

 (1)To ensure the aircraft successful return to hom e 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 batter y capacity warning alerts users when the battery is close to depletion during flight. W hen it appears, users should promptly fly back and land to avoid accidental damage. The PHANTOM 2 has two levels of low batter y capacity warning. The firs t appears when the battery has less than 30% power and the second appears when it has less than 15% power.

 ( 1 ) Wh en batter y 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 W arning will trigger auto

- landing. Altitude can be maintained if necessary by pushing up on the throttle stick. If the DJ I 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 immediatel y 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 Exempti on No. 11062 are hereb y incorporated b y this reference as if full y s et for herein with the exception of the mandatory 3 rd class medical certificate as well as the other safer restrictions contained herein

. Petitioner proposes that no 3 rd class medical cer

tificate 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

- wi ng, 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 aerody namic and the phy sics of vertical flight issues li ke settling with power, etc. Additionally , a helicopter license alone is also insufficient and unsafe. Both airplane and rotorcraft licenses must be required to safel y pilot a UAS. Additionally, the PIC must have completed an FAA approved ground school within the previous five ye ars. This a critical component in order to ensure that USA approved pilots know and understand airspace rules andrequirements. 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 1 st Class medical exam from a ph ys iological only standard. In other words, the UAS PI C must have vision

– dist ance 20/20 and near 20/40 (correctable with lenses) , hearing, audiology , phy sical dexterity , ability to perceive color, ECG, pulse, blood pressure, zero substance abuse, and all other phy sical biological requirements of a 1 st Class medical certificate. Ho wever, no actual medical certificate will be required, 1 st , 2 nd or 3 rd class. Additionally , any UAS PI C must be over the age of 30 and devoid of diabetes, angina, coronary heart disease, myocardia l infarction, epilepsy , or nervous sy stem disorders. The U AS PI C 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 1 st class medical as detailed above. Petitioner hereb y propos es the following additional terms and conditions for the grant of the exemption requested herein: The UA S proposed b y the petitioner is a proprietary design, conceived and con structed by Anton Ewing . The UAS is referred to as a DJ I Phantom Quadcopter, and ha s four rotors and four motors in a quadcopter configuration. Petitioner also intends to employ an S1000 octocopter for some flights. The UAS referenced h erein is under 30 lbs, wi ll be flown at all times under 3 00 feet AGL as measured by the UAS GPS sy stem , kept within line of sight of the Pilot in Command at all times , will have a separate safet y observer at all times in communication with the PI C within 5 feet of eachother, will not be flown in excess of 3 0 miles per hour , never flown at night, alw ay s 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 an y device other than corrective lenses as specified b y a current state issued drivers licen se, with 72 hours advance notice to the local FSDO of flight operations, the PI C will have over 3 00 hours of logged flight experience in the sam e UAS ty pe or model, including 2 0 take

- offs and landings within the prior 30 day s, and a full and complete inspe ction of aircraft b y the PI C prior to take off. The PI C will follow the manufacturer’s UAS aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements. When unavailable, aircraft maintenance/component/overhaul, replacem ent, and inspection/maintenance requirements must be established and identified in the operator’s manual. At a minimum, the following w ill 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 dy

namic 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 ha s 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 properl y documented in the aircraft records. Any UA S 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 PI C 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 p urpose of motion picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 CF R § 61.51 (b), a minimum of eight hours as UAS pilot operating the make and model of UAS to be utilized for operatio ns unde r the exemption and twenty take

- offs and twent y landings in the preceding 6 0 day s. 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 PI C 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 successfull y 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 b y a qualified person designated at the sole discretion of the operator. A record of completion of this qualification process must be documented and made avail able 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, inclu ding pilot in command, camera operator, visual observer, safet y observer, and film director or the director of photograph y, must be present for this briefing. The minimum crew for flight operations will be the FAA licensed helicopter

- rotorcraft pilot and one safet y 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 successfull y completed and documented. This documentation must be available forreview upon request b y the Administrator. Because the knowledge and airmanship test

qualifications have been developed b y the operator, and there are no established practical test standards that support a jurisdictional FAA FSDO evaluation and a pproval 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. Permis sion from the relevant real propert y 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 any

where or within 10 miles of the Whitehouse in Washington DC. Additionally , no flight operations will be conducted over an y US military base or an y federal or state prison. No flight operations will be conducted within the take

- off or landing flight path of an y airport, whether towered or non

towered. No flight operations will be conducted near an y hospital or helicopter landing pad. The UAS may

not be operated directly

over an y pe rson, 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 safet y 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 t o 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 6 00 feet of the area except those consenting to be involved and necessary for the filming production. This provision m ay be reduced to no less than 25 0 feet if it would not adversel y affect safet y and the Administrator has approved it. For example, an equivalent level of safety may be determined b y an aviation safet y inspector’s evaluation of the filming production area to note terrain features, obstructions, buildings, s afety 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 communication s or loses its GPS signal, the UA must return to a pre

determined 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 ensur e the return to home sy stems are full y functional. The UAS will not carry

onboard an y 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 f light in the event of unpredicted obstacles or emergencies in accordance with the operator’s manual. Each UAS oper ation must be completed within 2 0 minutes flight time or with 25% battery power remaining, whichever occurs first. See Exemptions 2689F, 5 745, 10673 and 10808. The PI C 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 mainten ance, 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 Safet y Bulletin s. 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 insp ection 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 day s 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 al l flightsb. 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 PI Cs 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 PI C at the ground control station of the UAS an y time the aircraft is operating. These documents must be made available to the Administrator or an y law enforcement official upon request. The UA must remain clear and yi eld the right of way to all other manned operations and activities at all times (in cluding, 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 b y the PI C from any moving device or vehicle. The UA may

not be operated less than 500 feet below or less than 2,000 feet horizontally fr om a cloud or when visibility is less than 3 statute miles from the PI C. 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 a irport 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 b y the operator’s COA. The letter of agreement wi th 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 b y the applicable COA must be reported to the Federal Aviation Administration’s (FAA) UAS Integration Office (AFS

- 8 0) 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 transgressi on is reviewed b y 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 full y funct ioning 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 exemp tions for flight training without full y 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 b y the fact that neither a pilot nor passengers will be carried in the aircraft and b y 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 i nformation 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 PI C. The DJ I 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 b y 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 sy stem (GPS) to maintain its geospatial orientation and position. It is controlled primaril y 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 PI C to monitor battery

level, GPS signal strength, altitude (AGL), distance from PI C, 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 b y the PI C. 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 spe cified in this grant of exemption, the UAS, PI C, 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 requ ested 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