Ernest Conover d/b/a/, Down to Earth Aerial Videography Sec.333 Exemption Petition Page 1

Down to Earth Aerial Videography

April 25, 2015

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Ernest Conover d/b/a, Down to Earth Aerial Videography

1408 North James St.

Rome, New York 13440

Phone: (315)709.9080

Fax: (315)337.1696

Email: butchconover@yahoo.com

Re: Exemption Request for Ernest Conover d/b/a, Down to Earth Aerial Videography. Under 

Section 333 of the FAA Reform Act and Part 11 of the Federation Aviation Regulations.

Dear Sir or Madam:

Ernest Conover d/b/a, Down to Earth Aerial Videography, seeks exemption from several

provisions of the Federal Aviation Regulations (FAR’s) in accordance with Section 333 of the 

FAA Modernization and Reform Act and 14 C.F.R. Part 11of 2012.This exemption will permit 

Ernest Conover d/b/a, Down to Earth Aerial Videography to operate an Unmanned Aircraft 

System (UAS) for commercial purpose of conducting aerial acquisitions within the National 

Airspace System.

___________________________________
Ernest Conover d/b/a/, Down to Earth Aerial Videography Sec.333 Exemption Petition Page 2

Exemptions requested

14 C.F.R. Part 21; Subpart H

14 C.F.R. 45.23 (b);

14 C.F.R. 61.113 (a) & (b);

14 C.F.R. 91.7 (a);

14 C.F.R. 91.119;

14 C.F.R. 91.121 (a);

14 C.F.R. 91.151 (b);

14 C.F.R. 91.405 (a);

14 C.F.R. 91.407 (a)(1)

14 C.F.R. 91.409 (a)(1) & (a)(2)

14 C.F.R. 91.417 (a) & (b)
Ernest Conover d/b/a/, Down to Earth Aerial Videography Sec.333 Exemption Petition Page 3

Table of Contents

Exemptions Requested.....................................................................2

Summary....................................................................................4

Glossary of Abbreviations................................................................5

The Unmanned Aircraft System.........................................................6

The Unmanned Aircraft PIC.............................................................7

The Operation of the Unmanned Aircraft.............................................7

Benefit to the Public as a Whole........................................................9

Rules that Need Exemption..............................................................10

The Extent of Relief.....................................................................14

Phantom 2 Vision+ Preflight Mission Checklist.....................................21

A Summary the FAA May Publish in the Federal Registry........................22

Phantom 2 Vision+ Specifications....................................................26

Appendix A Phantom 2 Vision + User Manual.........................28

Appendix B Phantom 2 Vision + Pilot Training Guide................28

Appendix C Smart Flight Battery Safety Guidelines...................28
Ernest Conover d/b/a/, Down to Earth Aerial Videography Sec.333 Exemption Petition Page 4

Summary

Ernest Conover d/b/a, Down to Earth Aerial Videography, seeks these exemptions in order to 

operate a UAS DJI Phantom 2 Vision + safely for commercial hire to collect photographs and 

video for the purpose of mapping that will be utilized in (Geographic Information Systems) GIS

and (Computer Aided Design) CAD platforms. This imagery will be used to create OrthoMosaics and further develop (Digital Surface Model) DSM, (Digital Terrain Model) DTM or

(Digital Elevation Model) DEM. Photographs and video will also be taken for several purposes

listed below and to advance business economic growth in the community.

 Resorts and Recreational areas 

 Land Development GIS & CAD (DTM,DEM,DSM, Ortho-Mosaics)

 Real Estate (Photographing & Videotaping)

 Advertising and Marketing

 Aerial Inspections

 Insurance Claims
Ernest Conover d/b/a/, Down to Earth Aerial Videography Sec.333 Exemption Petition Page 5

Glossary of Abbreviations

AGL Above Ground Level

ATC Air Traffic Control

CAD Computer Aided Design

DEM Digital Elevation Model

DSM Digital Surface Model

DTM` Digital Terrain Model

FPV First Person View

GCS Ground Control Station

GIS Geographic Information System

GPS Global Positioning System

IMU Inertia Measuring Unit

NAS National Airspace System

PIC Pilot in Command

RTH Return to Home

UA Unmanned Aircraft

UAS Unmanned Aircraft System

VLOS Visual Line of Sight

VTOL Vertical Takeoff & Landing
Ernest Conover d/b/a/, Down to Earth Aerial Videography Sec.333 Exemption Petition Page 6

The Unmanned Aircraft System

Down to Earth Aerial Videography is committed to operating a small UAS safely, 

protecting the environment, and minimizing the risk to the NAS, persons and property on 

the ground. The UA that I will be operating is a DJI Phantom2 Vision+, Serial # 

PH645475246, a small ultra light UA weighing just less than 3 pounds. The maximum 

flight time of the Phantom 2 Vision+ is approximately 25 minutes, although flights will 

be limited to 20 minutes from takeoff to first point of landing, leaving 5 minutes in 

reserve. The GPS enabled UA stabilizes the quad-rotor when the compass is properly 

calibrated and six plus satellites are available. It is important to note that no take-off 

procedure will be implemented unless at least six satellites are available. The compass 

reads geomagnetic information, assists the GPS to accurately calculate the position and 

height of the UA, and has an Inertia Measuring Unit (“IMU”) built-in that measures both 

attitude and altitude. The Phantom2 Vision+ is a quad rotor measuring 12”W x 12” L x 

7” H, driven by a lithium polymer battery and is equipped with a 3-axial gimbal and a 14 

megapixel 1080p camera capable of geo-referenced photographs and video. For each 

mission scheduled and practice runs, the Phantom2 Vision+ UAS will be checked 

against the most current software update and visually checked by the PIC to ensure that 

the UAS is safe for flight and weather permitting. Additional flight maintenance and 

inspection information is also available in the Phantom2 Vision+ User Manual submitted 

with this application. Before each flight, a Phantom2 Vision+ Pre-flight “Mission 

Checklist “ will be performed to ensure that each flight is consistent and all safety 

measures are in place.
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The 14 megapixel 1080p video camera will be transmitting a 2.4 MHz Wi-Fi 

signal to an Iphone or tablet running Ground Control Station “GCS” Phantom2 Vision+ 

applications. The controller that communicates with the Phantom2 Vision + operates on a 

5.8 GHz band and is FCC compliant

The Unmanned Aircraft PIC

I, Ernest Conover, d/b/a Down to Earth Aerial Videography will be the only PIC 

directly responsible for the safe operations of the UAS and will be in Visual Line Of 

Sight “VLOS” at all times and will fly during daylight hours only. A Phantom Pilot 

Training Manual has been submitted and completed by myself to ensure proper operation 

of the UAS. I have been a hobbyist aircraft operator for about two years, have logged in 

30+ hours of flight time and I am versed in the operations and the safety aspect of the 

sport. With respect to the operations of a quad-rotor, approximately 15 hours of flight 

time on the Phantom 2 Vision+ and similar DJI Phantom FC-40 UA have been logged in, 

maneuvering in lower elevations and around obstacles for more precision and safer 

flights.

The Operation of the Unmanned Aircraft

Ernest Conover d/b/a/, Down to Earth Aerial Videography, seeks these 

exemptions in order to operate a small UAS DJI Phantom 2 Vision + safely for 

commercial hire to collect photographs and video for the purpose of mapping that will be 

utilized in (Geographic Information Systems) GIS and (Computer Aided Design) CAD 

platforms. This imagery will be used to create Ortho-Mosaics and further develop 

(Digital Surface Model) DSM, (Digital Terrain Model) DTM or (Digital Elevation 

Model) DEM. Photographs and video will be taken to spur Economic & Community
Ernest Conover d/b/a/, Down to Earth Aerial Videography Sec.333 Exemption Petition Page 8

Development of Resorts and Recreational Areas and safer inspections for Insurance 

Claims where adjusters may be exposed to dangerous situations.

A maximum height of 200 feet will be set through the use of DJI Naza software

that uploads to the UA and prevents the Phantom from exceeding the elevation setting.

Most flights will be operating in the recommended vertical range of 150 feet Above 

Ground Level “AGL” for the purpose of taking overlapping photos that will be used in

photogrammetry and the development of Ortho-Mosaics, DEM, DTM and DSM. The 

maximum speed of the Phantom 2 Vision+ is 30 knots. For purposes of photogrammetry

and most flights, the UA will be operating around 10 knots in horizontal flight. 

For safety purposes, the UAS is equipped with “Failsafe Mode” that allows the 

“Return to Home” hover 66 feet and land at the point off takeoff when either of the 

conditions are present:

(1) The remote control is powered off

(2) The Phantom has flown out of effective remote control range

(3) The signal between the Phantom has been blocked

(4) There is interference causing a signal problem with the remote control

The small ultra light UA will always fly in Visual Line Of Sight (VLOS), during daylight 

hour’s and stays certain distances away from airports or heliports as described below:

 5 Nautical miles (NM) from an airport having an operational or 

control tower; 

 3 NM from an airport with a published instrument flight procedure, 

but not an 

 operational tower; or

 2 NM from an airport without a published instrument flight procedure 

or an 

 operational tower; or

 2 NM from a heliport with a published instrument flight procedure

The DJI Naza software will be used to keep the UAS updated for peak performance and 

reliability. As Naza software updates become available, I will be updating the Phantom 2 
Ernest Conover d/b/a/, Down to Earth Aerial Videography Sec.333 Exemption Petition Page 9

Vision+ flight system and performing inspections of the UAS to ensure that it is in good 

condition for safe flight. Prop guards will be a top priority and examined thoroughly to 

ensure no cracks have developed. I will do minor repairs and if needed, advanced repairs 

will be done by a certified DJI Certified Repair Station. All maintenance and repairs will 

be documented in hard copy and backed up in digital format. A higher level of safety 

with additional information concerning the UAS operations, maintenance and 

specifications may be obtained in the Phantom 2 Vision+ manual which is enclosed with 

this application. A Phantom 2 Vision+ preflight checklist will be utilized prior to 

operating the UAS. I am confident that the level of safety that I will present and the size 

of the battery operated Phantom2 Vision+ would be far greater than a full sized aircraft 

carrying a minimum of one pilot and large amounts of fuel flying over populated areas in 

the NAS.

Benefit to the Public as a whole

I am currently a member of the New York State Geographic Information System 

Association “NYSGIS” dedicated to collecting geospatial data from our surroundings. A 

great emphasis has been put forth processing elevation information for the development 

of Digital Terrain Models, Digital Elevation Models and Ortho-mosaics to better 

understand the “Lay of the Land”. This information can be used to identify several

aspects of impervious surfaces and how they affect precipitation runoff into our 

collection systems or the lack of. This not only helps the community with flood events 

but also helps FEMA in their data collection of information in crucial areas.

In the past, the only way to collect large areas of elevation information in remote 

areas was to hire an aircraft with very sophisticated and expensive equipment. This in 
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turn cost a great deal to communities and in most cases, was not affordable. With the use 

of a small unmanned aircraft collecting photographs and used in photogrammetry, this 

not only becomes affordable, but also makes the skies safer without the use of full size 

aircraft flying over communities, carrying large amounts of flammable fuel, endangering 

pilot and passengers onboard and emitting exhaust fumes into our NAS. In addition, the 

use of an UAS for the purpose of aerial inspections, advertising and marketing, real estate 

aerial photography and videography has made it affordable to smaller businesses that 

would not be able to afford these services in the past with conventional aircraft. This will 

spur Economic and Community Development.

 Rules that need exemption

14 C.F.R. Part 21; Subpart H

Airworthiness Certificates sets forth requirements for the procurement of necessary

airworthiness certificates in relation to FAR 91.203(2a)(1). The size, weight and enclosed 

operation area of my UAS permits exemption from Part 21 because my UAS meets and 

exceeds an equivalent level of safety pursuant to Section 333 of the Reform Act. The 

FAA is authorized to exempt UA from the airworthiness certificate required under both 

the Act (49 U.S.C 44701 (f) and Section 333 of the Reform Act. Both pieces of 

legislation permit the FAA to exempt UAS’s from the airworthiness certificate 

requirement in consideration of the weight, size, speed, maneuverability and proximity to 

areas such as airports and dense population. My UAS meets and/or exceeds each of the 

limits as set forth. 

§45.23 Display of marks.
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(a) Each operator of an aircraft must display on that aircraft marks consisting of the Roman 

capital letter “N” (denoting United States registration) followed by the registration number 

of the aircraft .Each suffix letter used in the marks displayed must also be a Roman capital 

(b) 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 aircraft, 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.

§61.113 Private pilot privileges and limitations: Pilot in command.

(a) Except as provided in paragraphs (b) through (h) of this section, no person who holds a 

private pilot certificate may act as pilot in command of an aircraft that is carrying 

passengers or property for compensation or hire; nor may that person, for compensation 

or hire, act as pilot in command of an aircraft. 

(b) A private pilot may, for compensation or hire, 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. 

§91.7 Civil aircraft airworthiness.

4. No person may operate a civil aircraft unless it is in an airworthy condition. 

§91.119 Minimum safe altitudes: General.

Except when necessary for takeoff or landing, no person may operate an aircraft below the 

following altitudes: 

I 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.
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§91.121 Altimeter settings.

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of 

that aircraft, as the case may be, by reference to an altimeter that is set, when operating—

(1) Below 18,000 feet MSL, to—

(i) The current reported altimeter setting of a station along the route and within 100 nautical 

miles of the aircraft; 

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the 

current reported altimeter setting of an appropriate available station; or 

(iii) In the case of an aircraft not equipped with a radio, the elevation of the departure 

airport or an appropriate altimeter setting available before departure.

§91.151 Fuel requirements for flight in VFR conditions.

(a) No person may begin a flight in an airplane under 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. 

(b) No person may begin a flight in a rotorcraft under 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, to fly after that for at least 20 

minutes. 

§91.203 Civil aircraft: Certifications required.

(a) Except as provided in §91.715, no person may operate a civil aircraft unless it has with it 

the following: 

(1) An appropriate and current airworthiness certificate. Each U.S. airworthiness certificate 

used to comply with this subparagraph (except a special flight permit, a copy of the 

applicable operations specifications issued under §21.197I of this chapter, appropriate 

sections of the air carrier manual required by parts 121 and 135 of this chapter containing 

that portion of the operations specifications issued under §21.197I, or an authorization 

under §91.611) must have on it the registration number assigned to the aircraft under part 
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47 of this chapter. However, the airworthiness certificate need not have on it an assigned 

special identification number before 10 days after that number is first affixed to the 

aircraft. A revised airworthiness certificate having on it an assigned special identification 

number, that has been affixed to an aircraft, may only be obtained upon application to an 

FAA Flight Standards district office. 

§91.405 Maintenance required.

Each owner or operator of an aircraft—

4. Shall have that aircraft inspected as prescribed in subpart E of this part and shall 

between required inspections, except as provided in paragraph (c) of this 

section,have discrepancies repaired as prescribed in part 43 of this chapter;

§91.407 Operation after maintenance, preventive maintenance, rebuilding, or 

alteration.

(a) No person may operate any aircraft that has undergone maintenance, preventive 

maintenance, rebuilding, or alteration unless—

(1) It has been approved for return to service by a person authorized under §43.7 of this 

chapter; and 

§91.409 Inspections.

(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft 

unless, within the preceding 12 calendar months, it has had—

(2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 

of this chapter.

§91.417 Maintenance records.

(a) Except for work performed in accordance with §§91.411 and 91.413, each 

registered owner or operator shall keep the following records for the periods 

specified in paragraph (b) of this section: 
Ernest Conover d/b/a/, Down to Earth Aerial Videography Sec.333 Exemption Petition Page 14

Extent of Relief

The Extent Of Relief Ernest Conover d/b/a, Down To Earth Aerial Videography Seeks 

And The Reason Ernest Conover d/b/a, Down To Earth Aerial Videography Seeks The 

Relief From Section 45.23.

4. 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 aircraft, 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.

The Phantom2 Vision+ is a small UA measuring 12”X 12” and cannot carry passengers, 

does not have a cabin, cockpit or pilot station to display the required 2” Roman numerals 

described in Section 45.23. Because of this, Ernest Conover d/b/a/, Down to earth Aerial 

Videography is asking exemption from this rule. I would however be willing to display the 2” 

registration numbers on weather resistant material at the site of take-off to alert anyone that the 

UA is registered with the FAA.

1. The Extent Of Relief Ernest Conover d/b/a, Down To Earth Aerial Videography Seeks 

And The Reason Ernest Conover d/b/a, Down To Earth Aerial Videography Seeks The 

Relief From Section 61.113 (a) & (b). 

(a) Except as provided in paragraphs (b) through (h) of this section, no person who holds a 

private pilot certificate may act as pilot in command of an aircraft that is carrying 

passengers or property for compensation or hire; nor may that person, for compensation 

or hire, act as pilot in command of an aircraft. 

(b) A private pilot may, for compensation or hire, act as pilot in command of an aircraft in 

connection with any business or employment if:
Ernest Conover d/b/a/, Down to Earth Aerial Videography Sec.333 Exemption Petition Page 15

Relief from Section 61.113(a) & (b) entitled Private pilot privileges and limitations: Pilot 

in command, is requested to allow Ernest Conover acting PIC to conduct the proposed 

UAS flight operations for compensation or hire.

Relief is being requested because (1) The flight is incidental to that business or 

employment; and (2) the aircraft does not carry passengers or property for compensation 

or hire.Further, Ernest Conover d/b/a, Down To Earth Aerial Videography states that all 

flights of the Phanton 2 Vision+ UAS, conducted following the granting of this petition 

(1) will be incidental to Ernest Conover d/b/a, Down To Earth Aerial Videography;

and(2) will not carry passengers or property for compensation or hire.

2. The Extent of Relief Ernest Conover d/b/a, Down To Earth Aerial Videography Seeks 

and the Reason Ernest Conover d/b/a, Down To Earth Aerial Videography Seeks the Relief 

from Section 91.7

§91.7 Civil aircraft airworthiness.

(a) No person may operate a civil aircraft unless it is in an airworthy condition. 

(b) The pilot in command of a civil aircraft is responsible for determining whether that 

aircraft is in condition for safe flight. The pilot in command shall discontinue the flight 

when unairworthy mechanical, electrical, or structural conditions occur. 

As stated in Section 91.7(b) the pilot in command of a civil aircraft is responsible for 

determining whether that aircraft is in condition for safe flight. The pilot in command shall 

discontinue the flight when unairworthy mechanical, electrical, or structural conditions 

occur.

Relief from Section 91.7(a) is requested to the extent that Ernest Conover, d/b/a Down to 

Earth Aerial Videography be allowed to determine that the Phantom 2 Vision+ is in 

airworthy condition prior to every pre-flight procedure listed below.

 Update the DJI Naza software to the UAS prior to flight 
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 Full inspection of the UAS

 Review the Phantom 2 Vision+ Pre-Flight Check List

Day before Mission- (1)Log onto Aviationweather.gov-Check weather 

conditions for mission day.

(2)Meet onsite to discuss flight procedure

(3)Check all batteries for proper charge

(a.) Phantom LiPo batteries

(b.)Controller

(c.)Wi-Fi Transmitter/Receiver

(d.) Iphone or Tablet

(4)Calibrate Controller connected to software

Day of Mission- (1) Log onto Aviationweather.gov-Check weather 

conditions

( 2) Toggle switches on controller –Full Up

(3) Turn controller and Wi-Fi- On

(4) Remove gimbal lock and lens cap

(5) Micro SD card- Inserted

(6) Place UA in clear and safe launch and recovery

position if it Returns to Home

(7) Phantom-Battery On

(8) Load FPV software on Iphone/Tablet

(9) Wi-Fi connection-Verified

(10) Calibrate Compass

(11) Satellite connections- 6 or more-Verified

(12)Start video recording (Video only)

(13) Take off and hover approximately 10 feet above the 

ground to confirm that UA is under control

(14) All sticks operate correctly while in hover –Verified

Pre-Landing 

Checklist (1)Cameral-Full up

2) Video recording-Stop

(3) Landing zone- Clear/Safe

Landing (1) Motors-Off

(2) Phantom battery-Off

(3 Controller-Off

4. Wi-Fi- Off 

This relief is requested because the Phantom 2 Vision+ does not require an 

airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H.
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Ernest Conover d/b/a Down to Earth Aerial Videography will ensure that the 

Phantom 2 Vision+ is in airworthy condition in compliance with operating 

documents prior to every flight, and determining that the UA is in condition for 

safe flight.

3. The Extent of Relief Ernest Conover d/b/a, Down To Earth Aerial Videography Seeks 

and the Reason Ernest Conover d/b/a, Down To Earth Aerial Videography Seeks the Relief 

from Section 91.119 I

4. 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.

Relief from Section 91.119 I states that except when necessary for takeoff or landing, 

no person may operate an aircraft below the following altitudes: 

Ernest Conover d/b/a, Down To Earth Aerial Videography will not fly the Phanton 2 

Vision+ higher than 200 feet and it will not be operated in populated or congested areas. 

Flights will not take place on unauthorized properties. This exemption is necessary

because photography, photogrammetry, and videography must be performed at low 

altitudes including those less than 200 feet.

Flights at lower altitudes will be equally safe as those flown at higher altitudes given the 

small size, weight, and speed of the Phantom 2 Vision+ in comparison. The Phantom will 

operate as a survey and photography tool and is never used for transportation. The 

Phantom2 Vision+ is tightly controlled during flights and does not carry any fuel. This 

eliminates most of the risks associated with conventional aircraft. Flights at lower 

altitudes also serve to distinguish the Phantom 2 Vision+ from conventional aircraft that 

operate under Section 91.119 I.
Ernest Conover d/b/a/, Down to Earth Aerial Videography Sec.333 Exemption Petition Page 18

4. The Extent Of Relief Ernest Conover d/b/a, Down To Earth Aerial Videography 

Seeks And The Reason Ernest Conover d/b/a, Down To Earth Aerial Videography 

Seeks The Relief From Section 91.121 (a)

Section 91.121 (a) states:

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of 

that aircraft, as the case may be, by reference to an altimeter that is set, when operating—

(1) Below 18,000 feet MSL, to—

(i) The current reported altimeter setting of a station along the route and 

within 100 nautical miles of the aircraft; 

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of 

this section, the current reported altimeter setting of an appropriate 

available station; or 

(iii) In the case of an aircraft not equipped with a radio, the elevation of 

the departure airport or an appropriate altimeter setting available before 

departure.

The Phantom 2 Vision+ does not have a radio to receive altimeter setting from a station 

along a flight route as described in Section 91.121 (a) (i) & (ii). As stated in section 

91.121 (a) (iii) above, the Phantom 2 Vision+ is GPS enabled and has an altitude 

accuracy of 0-1 foot Above Ground Level “AGL”. The onboard compass reads 

geomagnetic information and assists the GPS to accurately calculate the position and 

height of the small ultra light UA and has an Inertia Measuring Unit (“ IMU”) built-in 

tablet displaying on screen, via a Ground Station flight application.

5. The Extent Of Relief Ernest Conover d/b/a, Down To Earth Aerial Videography Seeks 

And The Reason Ernest Conover d/b/a, Down To Earth Aerial Videography Seeks The 

Relief From Section 91.151 (b)
Ernest Conover d/b/a/, Down to Earth Aerial Videography Sec.333 Exemption Petition Page 19

(a) No person may begin a flight in an airplane under 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. 

(b) No person may begin a flight in a rotorcraft under 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, to fly after that for at least 20 

minutes

Relief from Section 91.151 (b) entitled Fuel requirements for flight in VFR conditions, is 

requested to the extent required to allow flights if the battery operated Phantom 2 Vision+ 

during daylight hours (considering wind and forecast weather conditions) there is enough 

fuel to fly to the first point of intent landing and, assuming normal cruising speed, to fly 

after that for at least 20 minutes. Ernest Conover d/b/a, Down To Earth Aerial 

Videography seeks relief through an exemption from Section 91.151 (b) because the 

flight duration of the battery powered Phantom 2 Vision+ is twenty-five minutes. 

Without this exemption, aerial acquisition and flight operations will become impractical.

Importantly, as will be stated below, the technical specifications of the Phantom 2 

Vision+, the Phantom 2 Vision+ documents and Ernest Conover d/b/a, Down to Earth 

Phantom 2 Vision+ will be operated safely during daylight hours and under Visual Flight 

Rules. Battery power is monitored by the DJI Ground Station Control “GSC” software 

installed on the Iphone or tablet and flight time limits can be adjusted before the Phantom 

2 Vision+ Return To Home “RTH” feature is activated. Flight will be limited to 20 

minutes from takeoff to first point of landing, leaving 5 minutes in reserve. A visual line 

of sight will be maintained with the Phantom 2 Vision+ at all times and will only fly

landowner authorized ground.
Ernest Conover d/b/a/, Down to Earth Aerial Videography Sec.333 Exemption Petition Page 20

6. The Extent Of Relief Ernest Conover d/b/a, Down To Earth Aerial Videography Seeks 

And The Reason Ernest Conover d/b/a, Down To Earth Aerial Videography Seeks The 

Relief From Section 91.405 (a), 91.407 (a)(1), 91.409 (a)(1) & (a)(2), and 91.417 (a) & (b).

Sections 91.405 (a), 91.407 (a)(1), 91.409 (a)(1) & (a)(2), and 91.417 (a) & (b) only 

apply to aircraft with an airworthiness certificate. Ernest Conover d/b/a, Down To Earth 

Aerial Videography requests relief from these sections because the Phantom 2 Vision+ 

does not require an airworthiness certificate. The Phantom 2 Vision+ meets the 

conditions off Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA)

for operating without an airworthiness certificate.

Ernest Conover d/b/a, Down To Earth Aerial Videography will perform all maintenance 

and preventive maintenance on the Phantom 2 Vision+ according to the methods, 

techniques and practices stated in the operating documents (The Phantom 2 Vision+ 

Manual, The Phantom 2 Vision+ Pre-Flight Checklist, The Phantom Pilot Training Guide 

and the Smart Flight Battery Safety Guidelines). Only a DJI Certified Service Center will 

be used to perform more advanced repairs on the Phantom 2 Vision+ system. Ernest 

Conover d/b/a, Down To Earth Aerial Videography will document and maintain all 

maintenance records for the Phantom 2 Vision+ in hard copy and digital format. The 

Phantom2 Vision+ is a small UA measuring 12” X 12”, weighing just under 3 pounds, 30 

knot speed limitation and will be operating in a limited area.
Ernest Conover d/b/a/, Down to Earth Aerial Videography Sec.333 Exemption Petition Page 21

Phantom2 Vision+ Preflight Mission Checklist

Day before Mission- (1)Log onto Aviationweather.gov-Check weather conditions

for mission day.

(2)Meet onsite to discuss flight procedure

(3)Check all batteries for proper charge

(a.) Phantom LiPo batteries

(b.)Controller

(c.)Wi-Fi Transmitter/Receiver

(d.) Iphone or Tablet

(4)Calibrate Controller connected to software

Day of Mission- 1. Log onto Aviationweather.gov-Check weather conditions

2. Toggle switches on controller –Full Up

3. Turn controller and Wi-Fi- On

4. Remove gimbal lock and lens cap

5. Micro SD card- Inserted

6. Place UA in clear and safe launch and recovery position if it

 Returns to Home

7. Phantom-Battery On

8. Load FPV software on Iphone/Tablet

9. Wi-Fi connection-Verified

10. Calibrate Compass

11. Satellite connections- 6 or more-Verified

12.Start video recording (Video only)

13. Take off and hover approximately 10 feet above the ground

 To confirm that UA is under control

14. All sticks operate correctly while in hover –Verified

Pre-Landing 

Checklist 1.Cameral-Full up

2. Video recording-Stop

3. Landing zone- Clear/Safe

Landing 1. Motors-Off

2. Phantom battery-Off

3. Controller-Off

4. Wi-Fi- Off 
Ernest Conover d/b/a/, Down to Earth Aerial Videography Sec.333 Exemption Petition Page 22

A summary the FAA may publish in the Federal Registry.

Ernest Conover d/b/a, Down to Earth Aerial Videography, seeks exemption from the 

following provisions of the Federal Aviation Regulations (FAR’s) in accordance with

Section 333 of the FAA Modernization and Reform Act and 14 C.F.R. Part 11of 2012. 14 

C.F.R. 45.23 (b),14 C.F.R. 61.113 (a) & (b),14 C.F.R. 91.7 (a),14 C.F.R. 91.119,

14 C.F.R. 91.121 (a),14 C.F.R. 91.151 (b),14 C.F.R. 91.405 (a),14 C.F.R. 91.407 (a)(1)

14 C.F.R. 91.409 (a)(1) & (a)(2),14 C.F.R. 91.417 (a) & (b).These exemptions will 

permit Ernest Conover d/b/a, Down to Earth Aerial Videography to operate an 

Unmanned Aircraft System (UAS) for commercial purpose of conducting aerial 

acquisitions within the National Airspace System. Due to the size, speed and weight,

14 C.F.R. Part 21; Subpart H the FAA is authorized to exempt aircraft from the 

airworthiness certificate under Section 333 of the Reform Act and is not applicable to this

case. The Phantom2 Vision+ is a small UA measuring 12”X 12” and cannot carry 

passengers, does not have a cabin, cockpit or pilot station to display the required 2” 

Roman numerals described in Section 45.23. Because of this, Ernest Conover d/b/a/, 

Down to earth Aerial Videography is asking exemption from this rule. I would however 

be willing to display the 2” registration numbers on weather resistant material at the 

site of take-off to alert anyone that the UA is registered with the FAA. Relief from 

Section 61.113(a) & (b) entitled Private pilot privileges and limitations: Pilot in 

command, is requested to allow Ernest Conover acting PIC to conduct the proposed UAS 

flight operations for compensation or hire.
Ernest Conover d/b/a/, Down to Earth Aerial Videography Sec.333 Exemption Petition Page 23

Relief is being requested because (1) The flight is incidental to that business or 

employment; and (2) the aircraft does not carry passengers or property for compensation 

or hire.Further, Ernest Conover d/b/a, Down To Earth Aerial Videography states that all 

flights of the Phanton 2 Vision+ UAS, conducted following the granting of this petition 

(1) will be incidental to Ernest Conover d/b/a, Down To Earth Aerial Videography;

and(2) will not carry passengers or property for compensation or hire. Relief from 

Section 91.7(a) is requested to the extent that Ernest Conover, d/b/a Down to Earth Aerial 

Videography be allowed to determine that the Phantom 2 Vision+ is in airworthy

condition prior to every flight.

 Update the DJI Naza software to the UAS prior to flight 

 Full inspection of the UAS

 Review the Phantom 2 Vision+ Pre-Flight Check List

This relief is requested because the Phantom 2 Vision+ does not require an airworthiness 

certificate in accordance with 14 C.F.R. Part 21, Subpart H.Relief from Section 91.119 I

states that except when necessary for takeoff or landing, no person may operate an 

aircraft below the following altitudes: 

Ernest Conover d/b/a, Down To Earth Aerial Videography will not fly the Phanton 2 

Vision+ higher than 200 feet and it will not be operated in populated or congested 

areas. Flights will not take place on unauthorized properties. This exemption is 

necessary because photography, photogrammetry, and videography must be performed 

at low altitudes including those less than 200 feet. Flights at lower altitudes will be 

equally safe as those flown at higher altitudes given the small size, weight, and speed of 

the Phantom 2 Vision+ in comparison. The Phantom will operate as a survey and 
Ernest Conover d/b/a/, Down to Earth Aerial Videography Sec.333 Exemption Petition Page 24

photography tool and is never used for transportation. The Phantom2 Vision+ is tightly 

controlled during flights and does not carry any fuel. This eliminates most of the risks 

associated with conventional aircraft. Flights at lower altitudes also serve to distinguish 

the Phantom 2 Vision+ from conventional aircraft that operate under Section 91.119 

I.The Phantom 2 Vision+ does not have a radio to receive altimeter setting from a 

station along a flight route as described in Section 91.121 (a) (i) & (ii). As stated in 

section 91.121 (a) (iii) above, the Phantom 2 Vision+ is GPS enabled and has an altitude 

accuracy of 0-1 foot Above Ground Level “AGL”. The onboard compass reads 

geomagnetic information and assists the GPS to accurately calculate the position and 

height of the small ultra light UA and has an Inertia Measuring Unit (“ IMU”) built-in 

tablet displaying on screen, via a Ground Station flight application. Relief from Section

91.151 (b) entitled Fuel requirements for flight in VFR conditions, is requested to the 

extent required to allow flights if the battery operated Phantom 2 Vision+ during daylight 

hours (considering wind and forecast weather conditions) there is enough fuel to fly to 

the first point of intent landing and, assuming normal cruising speed, to fly after 

that for at least 20 minutes. Ernest Conover d/b/a, Down To Earth Aerial Videography

seeks relief through an exemption from Section 91.151 (b) because the flight duration of 

the battery powered Phantom 2 Vision+ is twenty-five minutes. Without this 

exemption, aerial acquisition and flight operations will become impractical.

Importantly, as will be stated below, the technical specifications of the Phantom 2 

Vision+, the Phantom 2 Vision+ documents and Ernest Conover d/b/a, Down to Earth 

Phantom 2 Vision+ will be operated safely during daylight hours and under Visual Flight 

Rules. Battery power is monitored by the DJI Ground Station Control “GSC” software 
Ernest Conover d/b/a/, Down to Earth Aerial Videography Sec.333 Exemption Petition Page 25

installed on the Iphone or tablet and flight time limits can be adjusted before the Phantom 

2 Vision+ Return To Home “RTH” feature is activated. Flight will be limited to 20 

minutes from takeoff to first point of landing, leaving 5 minutes in reserve. A visual line 

of sight will be maintained with the Phantom 2 Vision+ at all times and will only fly 

landowner authorized ground. 

Sections 91.405 (a), 91.407 (a)(1), 91.409 (a)(1) & (a)(2), and 91.417 (a) & (b) only 

apply to aircraft with an airworthiness certificate. Ernest Conover d/b/a, Down To Earth 

Aerial Videography requests relief from these sections because the Phantom 2 Vision+ 

does not require an airworthiness certificate. The Phantom 2 Vision+ meets the 

conditions off Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA)

for operating without an airworthiness certificate. 

Ernest Conover d/b/a, Down To Earth Aerial Videography will perform all maintenance

and preventive maintenance on the Phantom 2 Vision+ according to the methods, 

techniques and practices stated in the operating documents (The Phantom 2 Vision+ 

Manual, The Phantom 2 Vision+ Pre-Flight Checklist, The Phantom Pilot Training Guide 

and the Smart Flight Battery Safety Guidelines). Only a DJI Certified Service Center will 

be used to perform more advanced repairs on the Phantom 2 Vision+ system. Ernest 

Conover d/b/a, Down To Earth Aerial Videography will document and maintain all 

maintenance records for the Phantom 2 Vision+ in hard copy and digital format. The 

Phantom2 Vision+ is a small UA measuring 12” X 12”, weighing just under 3 pounds, 30 

knot speed limitation and will be operating in a limited area.
Ernest Conover d/b/a/, Down to Earth Aerial Videography Sec.333 Exemption Petition Page 26

Phantom

Phantom 2 Vision+ Specifications

Supported Battery

DJI 5200mAh LiPo Battery

Weight (Battery & Propellers included)

1242g

Hover Accuracy (Ready to Fly)

Vertical: 0.8m; Horizontal: 2.5m

Max Yaw Angular Velocity

200°/s

Max Tiltable Angle

35°

Max Ascent / Descent Speed

Ascent: 6m/s; Descent: 2m/s

Max Flight Speed

15m/s (Not Recommended)

Diagonal motor-motor distance

350mm

Gimbal Working Current

Static : 750mA; Dynamic : 900mA

Control Accuracy

±0.03°

Controllable Range

Pitch : -90°-0°

Maximum Angular Speed

Pitch : 90°/s

Camera Operating Environment Temperature

0°C-40°C

Sensor size

1/2.3"
Ernest Conover d/b/a/, Down to Earth Aerial Videography Sec.333 Exemption Petition Page 27

Effective Pixels

14 Megapixels

Resolution

4384×3288

HD Recording

1080p30 & 720p

Recording FOV

110° / 85°

Remote 

Control

Operating Frequency

5.728 GHz-5.85 GHz

Communication Distance (open area)

CE Compliance: 400m; FCC Compliance: 800m

Receiver Sensitivity (1%PER)

-93dBm

Transmitter Power

CE Compliance: 25mW; FCC Compliance: 100mW

Working Voltage

120 mA@3.7V

Built-in LiPo Battery Working Current/Capacity

3.7V, 2000mAh

Range 

Extender

Operating Frequency

2412-2462MHz

Communication Distance (open area)

500-700m

Transmitter Power

20dBm

Power Consumption

2W
Ernest Conover d/b/a/, Down to Earth Aerial Videography Sec.333 Exemption Petition Page 28

Appendix A Phantom 2 Vision+ User Manual

See PDF attachment "Phantom_2_Vision_Plus_User_Manual_V1.6_en.pdf"

Appendix B Phantom 2 Vision+ Pilot Training

See PDF attachment "Phantom_2_Vision_Plus_Pilot_Training_Guide_V1.1_en.pdf"

Appendix C Phantom 2 Vision+ Smart Flight Battery Safety Guidelines

See PDF attachment "Smart_Flight_Battery_Safety_Guidelines.pdf"