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



# D own to Earth Aerial Videography April 25 , 2015 U.S. Department of Transportation Docket Management Sy stem 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 Phon e : ( 315 ) 709.9080 Fax: (315)337.1696 Email: butchconover@ yahoo.com R e: 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 Ref orm Act and 14 C.F.R. Part 11 of 2012. This exemption will permit Ernest Conover d/b/a, Down to Earth Aerial Videography to operate an Unmanned Aircraft Sy stem (UAS) for commercial purpose of conducting aerial acquisitions within the National Airspace S ys tem .



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

### Exemption **s 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 Exemption s Requested......................................................
... ............2 Summary
.................................................................................... 4 Glossary of Abbreviations................................................................5 Th e Unmanned Aircraft S ys tem.................. ............ ......... ....... ...........6 The Unmanned Aircraft PI C.............................................
........ ........7 The Operation of the Unmanned Aircraft...........................
...... ............7 Benefit to the Public as a Whole.................................
....... ................ 9 Rules that N eed E xemption.......................................
....... ...... . ... .. ....1 0 The E xtent o f R elief.............................................
...... ............ ... ... 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 ...................28Ernest 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 exemption s in order to operate a UA S DJ I 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) GI S and (Computer Aided Design) CAD platforms
. This imagery will be used to create Ortho
M osaics 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 purpose s l isted below and to advance business economic growth in the c ommunity
.

 Resorts and Recreational areas  Land Development GI S & CAD (DTM,DEM,DSM, O rtho
- M osaics)  Real Estate (Photographing & Videotaping)  Advertising and Marketing  Aerial Inspections  Insurance ClaimsErnest Conover d/b/a/, Down to Earth Aerial Videography Sec.333 Exemption Petition Page 5 

### Glossary of Abbreviations

AGL Ab ove 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 GI S Geographic Information Sy stem GPS Glo bal Positioning System IMU In ertia Measuring Unit NAS National Airspace Sy stem PI C Pilot in Command RTH Return to Home UA Unmanned Aircraft UAS Unmanned Aircraft Sy stem VLOS Visual L ine of Sight VTOL Vertical Takeoff & LandingErnest Conover d/b/a/, Down to Earth Aerial Videography Sec.333 Exemption Petition Page 6



### T **he Unm anned Aircraft System**  Down to Earth Aerial Videograp h y is committed to operating a small UAS safel y, protect ing the environment, and minimizing the risk to the NAS, persons and property on the ground. The UA that Iwill be operating is a DJIPhantom2 Visi on+, 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 properl y 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 accuratel y 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” Lx 7 ” H , driven b y a lithium poly mer battery and is equipped with a 3
- axial gi mbal and a 14 megapixel 1080p camera capable of geo - referenced photographs and video. For each mission scheduled and practice runs, the Phantom2 Vision+ UA S will be checked against the most current software update and visually checked b y the PIC to ensure that the UAS is safe for flight and weather permitting. A dditional flight maintenance and inspection information is also available in the Phantom2 Vision+ U ser M anual 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.Ernest Conover d/b/a/, Down to Earth Aerial Videography Sec.333 Exemption Petition Page 7 The 14 megapixel 1080p video camera will b e 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 

### T **he Unmanned Aircra ft PIC**  I, Ernest Conover, d/b/a Down to Earth Aerial Videography will be the only PI C directly responsible for the safe operation s of the UAS and will be in Visual L ine O f Sight “ VLOS ” at all times and will fly during daylight hours onl y . A Phantom Pilot Training Manual has been submitted and completed by m ys elf to ensure proper operation of the UAS. I have been a hobbyist aircraft operator for about two ye ars , 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, a pproximately

15 hours of flight time o n the Phantom 2 Vision+ and similar DJ I Phantom FC
- 40 UA have been logged in, maneuvering in lower elevations and around obstacles for more precision and s afer flights. 

### T **he Operation of the Unmanned Aircraft** Ernest Conover d/b/a/, Down to Earth Aerial Videography , seeks these exemption s in order to operate a small UAS DJ I Phantom 2 Vision + safely for commercial hire to collect photographs and video for the purpose of mapping that will be utilized in (Geographic Information Sy stems) GI S 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 & CommunityErnest 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 2 00 feet will be set through the use of DJ I Naza software that uploads to the UA and prevents the Phantom from exceeding th e 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 po wered 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 contro l
The small ultra light UA will alway s fly in Visual Line Of Sight (V LOS ), during daylight h our’s and stay s 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, b ut 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 DJ I Naza software will be used to keep the UAS update d for peak performance and reliability . As Naza software updates become available, I will be updating the Phantom 2Ernest Conover d/b/a/, Down to Earth Aerial Videography Sec.333 Exemption Petition Page 9

Vision+ flight s ys tem and performing inspections of the UAS to ensure that it is in good condition for safe flight. Prop guards will be a to p priority and examined thoroughl y to ensure no cracks have developed. I will do minor repairs and if need ed , advanced repairs will be done by

a certified DJI Certified R epair S tation. All maintenance and repairs will be documented in hard copy and backed up in digital format. A higher level of safety wi th a dditional 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
carryi ng a minimum of one pilot and large amounts of fuel fl yi ng 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 Sy stem Association “NYSGIS” dedicated to collecting geospatial data from our surroundings. A gr eat 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 aspect s of impervious surfaces and how they affect precipitation runoff into our collection sy stems 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 o nl y way to collect large areas of elevation information in remote areas was to hire an aircraft with very sophisticated and expensive equipment. This inErnest Conover d/b/a/, Down to Earth Aerial Videography Sec.333 Exemption Petition Page 10

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 fl yi ng over communities , carryi ng large amounts of flammable fuel , endangering pilot and passengers onboard and emitting exhaust fumes into our NAS. Inaddition, the use of an UAS for the purpose of aerial inspections, advertising and marketing, real estate aerial photograph y and videograph y 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 E conomic and C ommunity D evelopm ent . 

### Rules that need exemption **14 C.F.R. Part 21; Subpart H** Airworthiness Certificates sets forth requirements fo r the procurement of necessary airworthiness certificates in relation to FAR 91.203(2a)(1). The size, weight and enclosed operation area of m y UAS permits exemption from Part 21 because m y 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 ai rworthiness 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 .** Ernest Conover d/b/a/, Down to Earth Aerial Videography Sec.333 Exemption Petition Page 11

(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 regis tration 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 di splay 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 lim itations: 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 employm ent if: (1) The flight is only

incidental to that business or employ ment; 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 airworth y condition.



### §91.119 **Minim um**  **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 sparsel y populated areas. In those cases, the aircraft may not be operated
.Ernest Conover d/b/a/, Down to Earth Aerial Videography Sec.333 Exemption Petition Page 12



### §91.121 **Altim eter 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 w ithin 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 app ropriate altimeter setting available before departure. 

### §91.151 **Fuel requirem ents 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 fl y 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 fl y after that for at least 20 minutes. 

### §91.203 **Civ il aircraft: Certifications required.**  (a) Except as provided in §91.715, no person may operate a civi l 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 §21.197 I of this chapter, appropriate sections of the air carrier manual required b y parts 121 and 135 of this chapter containing that portion of the operations specifications issued under §21.197 I , or an authorization under §91.611) must have on it the registration number assigned to the aircraft under partErnest Conover d/b/a/, Down to Earth Aerial Videography Sec.333 Exemption Petition Page 13

47 of this chapter. However, the airworthiness certificate need not have on it an assigned special identification number before 10 day s 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 inspect ions, except as provided in paragraph (c) of this section,have discrepancies repaired as prescribed in part 43 of this chapter; 

### §91.407 **Operation after ma**  **intenance, preventive ma**  **intenance, 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 b y 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 re cords.**  (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 limit ed, 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 dis play the required 2” Roman numerals described in Section 45.23. Because of this, Ernest Conover d/b/a/, Down to earth Aerial Videograph y is asking exemption from this rule. Iwould however be willing to display the 2” registration numbers on weather resist ant 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 T he**  **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 compe nsation or hire; nor may that person, for comp ensation 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 an y business or emplo ym ent 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 employ ment; 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 Visio n+ 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 airworth y 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 c onditions 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 m echanical, el ectrical, 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 airworth y condition prior to every pre - f light procedure listed below
.
 Update the DJ I Naza software to the UAS prior to flightErnest Conover d/b/a/, Down to Earth Aerial Videography Sec.333 Exemption Petition Page 16  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 mis sion day. (2)Meet onsite to discuss flight procedure (3)Check all batteries for proper charge (a.) Phantom L iPo batteries (b.)Controller (c.)Wi
- Fi Transmitter/Receiver (d.) Iphone or Tablet (4)Calibrate Controller connected to software **Day of Mission**
- ( 1 ) Lo g 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 Return s to H ome ( 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 onl y) ( 13 ) Take off and hover approximately 10 feet above the ground t o confirm that UA is under control ( 14 ) All sticks operate correctl y 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
.Ernest Conover d/b/a/, Down to Earth Aerial Videography Sec.333 Exemption Petition Page 17 Ernest Conover d/b/a Down to Earth Aerial Videography will ensure that the Phantom 2 Vision+ is in airworth y condition in compliance with operating documents prior to every flight, and de termining 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 S ection 91.1 1 9 I states that **e** xcept 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 2 00 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 photograph y, photogramm etry , and videograph y must be performed at low
altitudes including those less than 2 00 feet.
F lights 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 use d 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 Visi on+ f rom 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 altim eter 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 f oot Above Ground Level “AGL”. The onboard compass reads geomagnetic information and assists the GPS to accuratel y calculate the position and height of the small ultra light UA and has an Inertia Measuring Unit (“ IMU”) built
- in tablet displaying on scre en, 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 fl y 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 flight s 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 fl y after that for at least 20 minutes. Ernest Conover d/b/a, Down To Earth Aerial Videograph y 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 acquisi tion 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 s afely during daylight hours and under Visual Flight Rules. Battery

power is monitored by

the DJ I Ground Station Control “GSC” software installed on the I

phone 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 fl y landowner authorize d 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 91.4**  **17 (a) & (b).** Sections 91.405 (a), 91.407 (a)(1), 91.409 (a)(1) & (a)(2), and 91.417 (a) & (b) onl y apply to aircraft with an airworthiness certificate. Ernest Conover d/b/a, Down To Earth Aerial Videograph y 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 Vis ion+ Pre
- Flight Checklist, The Phantom Pilot Training Guide and the Smart Flight Battery Safety Guidelines). Only a DJ I Certified Service Center will be used to perform more advanced repairs on the Phantom 2 Vision+ sy stem **.** Ernest Conover d/b/a, Down To Earth Aerial Videography will document and maintain all maintenance re cords 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 wi ll 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 fo r proper charge

(a.) Phantom L iPo batteries (b.)Controller (c.)Wi
- Fi Transmitter/Receiver (d.) Iphone or Tablet (4)Calibrate Controller connected to software **Day of Mission**
- 1. L og 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 Return s to H ome 7. Phantom
- Battery On 8. L oad FPV software on I phone/Tablet 9. Wi
- Fi connection
- Verified 10. Calibrate Compass 11. Satellite connections
- 6 or more
- Verified 12.Start video recording (Video onl y) 13. Take off and hover approximately 10 feet above the ground To con firm that UA is under control 14. All sticks operate correctl y while in hover

–Verified **Pre -**  **Landing Checklist**  1.Cameral
- Full up

2. Video recording
- Stop 3. L anding zone
- Clear/Safe **Landing** 1. Motors
- Off

2. Phantom battery
- Off 3. Controller
- Off 4. Wi
- Fi
- OffErnest 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)
. Th ese exemption s will permit Ernest Conover d/b/a, Down to Earth Aerial Videography to operate an Unmanned Aircraft Sy stem (UAS) for commercial purpose of conducting aerial acquisitions within the N ational Airspace Sy stem. 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 i s 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 PI C 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 busin ess or employ ment; and (2) the aircraft does not carry passenger s or property for compensation or hire. Further, Ernest Conover d/b/a, Down To Earth Aeri al Videograph y states that all flights of the Phanton 2 Vision+ UAS, conducted following the granting o f this petition (1) will be incidental to Ernest Conover d/b/a, Down To Earth Aerial Videograph y; 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 Videograph y be allowed to determine that the Phantom 2 Vision+ is in airworthy condition prior to every

flight.

 Update the DJ I Naza software to the UAS prior to flight

 Full inspection of the UAS

 Review the Phantom 2 Vision+ Pre
- Flight Chec k 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 91.1 1 9 I states that **e** xcept when necessary for takeoff or landing, no person m ay 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 pla ce 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 hi gher altitudes given the small size, weight, and speed of the Phantom 2 Vision+ in comparison. The Phantom will operate as a survey andErnest 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 Vis ion+ 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 hour s (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 fl y 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. Importantl y, 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 DJ I Ground Station Control “GSC” softwareErnest Conover d/b/a/, Down to Earth Aerial Videography Sec.333 Exemption Petition Page 25

installed on the I

phone 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 minute s 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 fl y landowner authorized ground. Sections 91.405 (a), 91.407 (a)(1), 91.409 (a)(1) & (a)(2), and 91.417 (a) & (b) onl y apply to aircraft with an airworthiness certificate. Ernest Conover d/b/a, Down To Earth Aerial Videograph y requests relief from these sections because the Phantom 2 Vision+ does not require an airworthiness certificat e. 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 th e Smart Flight Battery Safety Guidelines). Only a DJ I Certified Service Center will be used to perform more advanced repairs on the Phantom 2 Vision+ sy stem **.** Ernest Conover d/b/a, Down To Earth Aerial Videography will document and maintain all maintenan ce records for the Phantom 2 Vision+ in hard cop y 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 DJI5200mAh L iPo 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; Dy

namic : 900mA Control Accuracy ±0.03° Controllable Range Pitch :
- 90°

- 0° Maximum Angular Speed **Pitch : 90°/s** 

### Came **ra** 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 a rea) 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 W

orking Current/Capacity 3.7V, 2000mAh



### Range **Extender** Operating Frequency

2412
- 2462MHz Communication Distance (open area) 500
- 700m Transmitter Power 20dBm Power Consumption 2WErnest 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_Guidel**  **ines.pdf"**