Reed Smith 

Courtney R. 8ateman 

Direct Phone: + 1 202 414 9265 

Email: CBateman@ reedsmith.com 

March 31,2015 

U.S. Department of Transportation Docket 

Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Reed Smith LLP 

1301 K Street, N.W. 

Suite 1100- East Tower 

Washington, D.C. 20005-3373 

Tel +1 202 414 9200 

Fax+12024149299 

reedsmith.com 

Rc: Snowy Owl Productions' Request for Exemption from Certain Regulations per Section 333 of 

the FAA Reform Act and Part 11 of the Federal Aviation Regulations 

Dear Sir or Madam: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of2012 (the Reform Act) and 14 

C.F.R. Part 11, Snowy Owl Productions ("Snowy Owl") hereby applies for an exemption from the 

listed Federal Aviation Regulations ("FARs") to aJlow business use (commercial operation) of its 

sUASs, so long as such operations are conducted within and under the conditions outlined herein or as 

may be established by the FAA as required by Section 333. 

I. INTRODUCTION 

Snowy Owl Productions is headquartered in Grand Forks, North Dakota. Snow Owl seeks to operate 

sUAS to conduct aerial photography for structural assessment of tall structures such as wind turbines, 

communications towers and flare stacks, as well as aerial photography for real estate marketing and 

event photography. 

In support of its application, Snowy Owl submits confidentially a Flight Operations Manual and flight 

manuals for the DJI Phantom 2 Vision+ and SlOOO+. 

Specific Regulations for which an exemption is sought: 

14 CFR 61.113 (a) 

14 CFR 91.7(a) 

14 CFR 91.119(b) & (c) 

14 CFR 91.121 

14 CFR 91.151 (a) 

14 CFR 91.405 (a) 

14 CFR 407 (a) (1) 

14 CFR 409 (a) (1) & (2) 

14 CFR 417 (a) & (b) 

NEW YORK t LONDON • HONG KONG • CHICAGO • WASHINGTON, D.C. t BEIJING t PARIS • LOS ANGELES t SAN FRANCISCO t PHILADELPHIA t SHANGHAI t PITTSBURGH t HOUSTON 

SINGAPORE • MUNICH tABU DHABI • PRINCETON • NORTHERN VIRGINIA • WILMINGTON • SILICON VALLEY • DUBAJ • CEr.ITURY CITY • RICHMOND • ATHENS t i<AZAKHSTAN 

US_ACTIVE·121465247.1·CRBATEMA 03/31/2015 11:58 two 
March 31,2015 

Page 2 

Reed Smith 

TI. SNOWY OWL'S PROPOSED OPERATIONS DO NOT CREATE SIGNIFICANT 

HAZARDS 

The sUAS's utilized by Snowy Owl are electric multi-rotor craft, weighing less than 55 lbs. including 

payload. They operate at a speed of no more than 33.5 mph (29 knots) and have the capability to 

hover, and/or move in a vertical and horizontal plane simultaneously. They will only be operated as 

visual line of sight (VLOS), remain under 400ft. above ground level, and will operate only over 

private property with permission of the owners of the property. 

During the proposed operations involving aerial inspection of structures and real estate, the site will 

be secured, and non-participants will be kept at least 500 feet away from the operation. Similarly, 

operations during event photography will occur at least 500 feet from all non-participants unless 

barriers or structures are present that sufficiently protect non-participants in the event of an accident 

or loss of control. 

Occasionally, in executing event photography, Snowy Owl may wish to operate within 500 feet of 

nonparticipants. To meet the "barriers or structures" requirement set forth in prior FAA Grants of 

Exemption and referenced above, Snowy Owl proposes a tether system to be used during those 

operations. As explained more fully in its certification documents, Snowy Owl's tether system would 

physically prevent the sUAS from getting closer than 100 feet from non-participants. 

Snowy Owl has drafted, and submits confidentially, a Flight Operations Manual which discusses 

safety considerations, training and general operating procedures for the proposed operations. Snowy 

Owl has also drafted, and submits confidentially, an sUAS Aircraft Flight Manual which sets for the 

specifications, inspection and setup of the sUAS intended for use in the proposed operations. 

III. SNOWY OWL'S PROPOSED OPERATIONS ARE IN THE PUBLIC INTEREST 

The FAA recently issued a Grant of Exemption to FalconSkyCam for operations that are substantially 

similar to those proposed herein. Docket No. FAA-2014-0884 (used March 6, 201 5). In issuing the 

Grant, the FAA noted that "[t]he enhanced safety and reduced environmental impact achieved using a 

VAS with the specifications described by the petitioner and carrying no passengers or crew, rather 

than a manned aircraft of significantly greater proportions, carrying crew in addition to flammable 

fuel, gives the FAA good cause to find that the UAS operation enabled by this exemption is in the 

public interest." 

Accordingly, Snowy Owl respectfully requests that the FAA grant the requested exemption without 

delay. 
March 31, 2015 

Page 3 

IV. EQUIVALENT LEVEL OF SAFETY 

Reed Smith 

Snowy Owl proposes that the exemption requested herein apply to civil aircraft that have the 

characteristics and operate with the limitations listed herein. These limitations, as listed below, provide 

for at least an equivalent or even higher level of safety to operations under the current regulatory 

structure. 

These limitations and conditions to which Snowy Owl agrees to be bound when conducting commercial 

operations under an FAA issued exemption include: 

The sUASs utilized by Snowy Owl will weigh less than 55 lbs. 

Flights will be operated during daylight hours, in visual meteorological conditions, and within 

visual line of sight (VLOS) of the pilot of the UAS. 

All operations will utilize a visual observer in addition to the operator. 

Maximum total flight time for each operational flight will be approximately 30 minutes, or when 

the Low Battery warning activates. 

If operations will be conducted within 500 feet of nonparticipants, the UAS will be tethered to 

ensure it will remain at least 100 feet away from nonparticipants in the event of an accident or 

loss of control. 

V. EXEMPTIONS REQUESTED 

14 C.F.R. § 61.113(a) and (b): Private vs. Commercial Pilot Certificates 

Sections 61.113(a) and (b) prohibit private pilots from operating an aircraft for compensation or hire. 

Snowy Owl proposes that its pilot<; will have at least a private pilot's certificate, and a Class ll medical. 

Its operations will be conducted over private property, in a sterile area as reflected in Snowy Owl' 

Flight Operations Manual. For the reasons set forth in the FAA's grant of an exemption to Astraeus 

Aerial, Snowy Owl does not believe a commercial pilot certificate is necessary for the operations it 

intends to conduct. See, e.g., In the matter of the petition of Astraeus Aerial, Exemption No. 11062 

(issued Sept. 25, 2014). For those reasons, Snowy Owl requests an exemption from 14 C.F.R. § 

61. 113(a) and (b). 
March 31, 2015 

Page4 

14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness 

Reed Smith 

Section 91.7 prohibits operation of an unairworthy aircraft, and places responsibility for airworthiness 

determinations on the pilot in command. The sUAS will not have an airworthiness certificate, and 

there is no FAA regulatory standard for determining airworthiness of the sUAS. Additionally, Snowy 

Owl's operating documents set forth inspection and maintenance procedures to ensure airworthiness. 

For these reasons, and in accordance with the FAA's grant of an exemption from 91.7 to Total Safety 

U.S., Inc., Snowy Owl requests an exemption from 14 CFR. § 91.7(a). See, e.g., In the matter of the 

petition of Total Safety U.S., Inc., Exemption No. 11156 (issued Jan. 29, 2015). 

14 C.F.R. §91.119(b) and (c): Minimum Safe Altitudes 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119(b) prohibits 

aircraft in congested areas from flying less than 1,000 feet above the highest obstacle within a horizontal 

radius of 2,000 feet of the aircraft. To the extent that the structures that Snowy Owl would be inspecting 

are considered to be in "congested areas," 1 Snowy Owl's operational procedures, and the size, weight 

and speed of the sUAS, provide an equivalent level of safety such that operations at lower altitudes 

should be allowed. 

As described in its Flight Operations Manual, Snowy Owl will establish a 500' buffer/sterile area for its 

operations that will exclude personnel not associated with the operations. Snowy Owl will also exercise 

additional control over the sterile area as needed, as set forth in the Manual. Consequently, Snowy Owl 

believes these procedures will reduce or eliminate any potential adverse impacts to safety for operations 

in congested areas. Snowy Owl therefore requests an exemption from 14 CFR § 91.119(b). 

Section 91.119 (c) prohibits operations in other than congested areas below 500 feet above the surface, 

or closer than 500 feet to any person, vessel, vehicle or structure. As this exemption is for an sUAS that 

flies similarly to a helicopter and the exemption requests authority to operate at altitudes up to 400 AGL, 

an exemption may be needed to allow such operations. 

The equivalent level of safety will be achieved given the size, weight, speed of the UAS as well as the 

location where it is operated. As discussed above, Snowy Owl' Flight Operations Manual provides for 

establishment of a sterile area, included safety buffers of 500 feet for personnel not associated with the 

operation. A 100 foot safety buffer will be in place for authorized personnel associated with the 

operation, unless the PIC determines a reduced buffer is essential to the current operation. Snowy Owl 

therefore requests an exemption from Section 91.119( c) for all authorized personnel associated with 

the operation. 

1 The FAA Office of the Chief Counsel has indicated that whether an area is "congested" is determined on a case-by-case 

basis. Sec, e.g., June 18, 2012, Memorandum from Rebecca B. MacPherson, Assistant Chief Counsel for Regulations, to 

James E. Gardner, Manager, Flight Standards Division, rc "To what extent an operator can make a congested area 

uncongcstcd." 
March 31, 2015 

Page 5 

14 C.F.R. §91.121 Altimeter Settings 

Reed Smith 

This regulation 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 sUAS may not have a barometric altimeter, but instead a GPS 

altitude read out, an exemption may be needed. 

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

Section 91.151 (a) prohibits an individual from beginning "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." 

Maximum total flight time for each operational flight will be no more than 25 minutes. Flights will be 

safely landed when the battery falls below its nominal voltage, should that occur prior to completion 

of the operation. The DJI Phantom 2 Vision+ and the S 1 000+ have a Low Voltage LED Warning 

which alerts when the battery reaches pre-determined levels. This battery level would be more than 

adequate to return the sUAS to its planned landing zone from anywhere in its limited operating area 

when the Low Voltage Warning alerts. 

For these reasons, Snowy Owl requests an exemption from 14 C.F.R. § 91.151 (a). Similar exemptions 

have been granted to other operations, including Exemptions 2689F, 5745, 10673, and 10808. 

14 C.F.R. §91.405 (a); 407 (a) (1); 409 (a) (1) & (2); 417(a) & (b): Maintenance Inspections 

These regulations require that an aircraft operator or owner "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 ... ," 

and others shall inspect or maintain the aircraft in compliance with Part 43. 

As provided in Snowy Owl's Operations Manual, the operator will ensure that the UAS is in working 

order prior to initiating flight, perform required maintenance and inspections, and keep a log of any 

maintenance performed. 

VI. REGULATIONS FOR WIDCH EXEMPTIONS ARE UNNECESSARY 

The Federal Aviation Administration just issued a number of exemptions for U AS operations in filming 

of movies. In those exemptions, the agency noted that exemptions from certain regulations were not 

necessary, due to "the size, weight, speed and limited operating area associated with [the UASs] and its 

operation." 
March 31, 2015 

Page 6 

Reed Smith 

Based upon the FAA's guidance, and the fact that Snowy Owl' UAS is even smaller and slower than 

those proposed by the film-making industry, Snowy Owl believes exemptions from the following 

regulations are not necessary: 

14 C.P.R. Part 21, Subpart H: Airworthiness Certificates 

14 C.P.R. § 45.23 (b). Marking of the Aircraft 

14 C.P.R. §9l.7(b): Civil aircraft airworthiness. 

14 C.P.R. §91.1 09: Flight instruction. 

Snowy Owl also believes that an exemption from 14 C.P.R.§ 91.103: Preflight Action, is not 

necessary. This regulation requires each pilot in command to take certain actions before flight to 

insure the safety of flight. An FAA approved rotorcraft flight manual will not be provided for the 

aircraft. An equivalent level of safety will be provided as set forth in the operating documents 

submitted as part of this request. 

The FAA has previously found that adherence to procedures contained in an applicant's operating 

documents demonstrate compliance with§ 91.103, and therefore an exemption from the regulation 

was not necessary. See, e.g., In the matter of the petition of Total Safety U.S., Inc., Exemption No. 

11156 (issued Jan. 29, 2015). 

As detailed in its operating documents, Snowy Owl's PIC will take all actions including reviewing 

weather, flight battery requirements, landing and takeoff clearance distances and aircraft performance 

data before initiation of flight to ensure the safety of the flight. Consequently, in light of the 

agency's prior finding in Total Safety U.S., Inc., Snowy Owl does not believe an exemption from 14 

C.P.R.§ 91.103 is necessary. 

Pursuant to 14 C.P.R. Part 11, the following summary is provided for publication in the Federal 

Register, should it be det·ermined that publication is needed: 

Snowy Owl seeks an exemption from the following rules: 

14 C.P.R.§ 61.113(a) and (b); 91.7 (a); 91.119(b) and (c); 91.121; 91.151(a); 91.405 

(a); 91.407 (a) (1); 91.409 (a) (1) & (2) and 91.417 (a) & (b) to conduct aerial photography for 

structural assessment of tall structures such as wind turbines, communications towers and flare 

stacks, as well as aerial photography for real estate marketing and event photography. 

Approval of exemptions allowing commercial operations of sUASs for these applications will 

enhance safety by reducing risk. Conventional means for performing these assessments require 

either physically climbing the poles or towers, using ropes to rappel down the tower from the 

top of the tower, using high-reach man lifts to access the towers (limited reach), or using 

conventional helicopters operating at extremely low altitudes over the subject structure being 

photographed. These conventional means all pose risks to persons and property. 
March 31,2015 

Page 7 

Reed Smith 

In contrast, a sUAS weighing less than 55 lbs. and powered by batteries, eliminates virtually all 

of that risk given the reduced mass and lack of combustible fuel carried on board. The sUAS is 

carried to the project site and not flown. The sUAS will carry no passengers or crew and, 

therefore, will not expose them to the risks associated with manned aircraft flights, groundbased aerial lift (bucket truck) operations, or manual climbing and inspection operations. 

The operation of small UASs, weighing less than 55 lbs., conducted in the strict conditions 

outlined above, will provide an equivalent level of safety supporting the grant of the 

exemptions requested herein, including exempting Snowy Owl from the requirements of Part 

21 and allowing commercial operations. These lightweight aircraft operate at slow speeds, and 

close to the ground, and, as a result, are far safer than conventional alternatives. 

Privacy 

All flights will occur over private or controlled access property with the property owner's 

prior consent and knowledge. 

Satisfaction of the criteria provided in Section 333 of the Reform Act of 20 12--size, weight, speed, 

operating capabilities, proximity to airports and populated area~ and operation within visual line of sight 

and national security - provide more than adequate justification for the grant of the requested 

exemptions allowing commercial operation of Snowy Owl's sUAS to conduct aerial photography for 

structural assessment of tall structures such as wind turbines, communications towers and flare stacks, as 

well as aerial photography for real estate marketing and event photography. 

Sincerely, 

R

Courtn~an eed Smith LLP 

Counsel for Snowy Owl 

/Signed/ 

John McGraw 

John McGraw Aerospace Consulting 

Consultant to Snowy Owl 

CRB:lsj