November 15, 2015

Docket Operations, M-30

U.S. Department of Transportation (DOT) 

1200 New Jersey Avenue, SE

Room W12-140, West Building Ground Floor 

Washington, D.C. 20590-0001 

RE: Petition to the FAA for Section 333 Exemption 

Dear Sir or Madam: 

Owen Digital Media hereby submits to the Federal Aviation Administration, pursuant 

to the FAA Modernization and Reform Act of 2012, an exemption for petition, in 

accordance with Section 333 of the Act. 

This letter provides requested information as listed in the FAA’s “Public Guidance for 

Petitions for Exemptions Filed under Section 333”. 

Owen Digital Media’s Background:

Owen Digital Media is comprised of professionals who are experienced in the 

media industry. We provide to those who are in need of any photography, and 

videography services. This includes marketing/brand promotion films. With the new 

aerial technology, we would like to stay current with equipment while providing 

additional services to our clients and the community.

Purpose for the Exemption

Owen Digital Media’s requested exemption would permit Owen Digital Media to 

operate SUASs under controlled conditions in airspace that is (1) limited (2) 

predetermined (3) controlled as to access, and (4) would provide safety 

enhancements to the already safe operations of those aircraft of similar size, weight, 

speed, and operating capability. 

Owen Digital Media’s exemption request would permit its commercial operation of 

SUAS for aerial photography and videography in tightly controlled and limited 

airspace. Aerial photography and videography services will be offered to 

businesses, corporations, organizations, individuals, schools, homeowners, realtors, 

builders, contractors, and/or inspectors for use in, but not limited to, real estate 

marketing and safer inspections of home and building exteriors. All operations will 

be conducted on private property and with the written and/or oral permission of the 

property owner(s). Operations will always be conducted in areas that are clear of all 

people, except the pilot in command (PIC) and the Visual Observer. Such 

operations will ensure that the SUAS will not create a hazard to users of the national 

airspace system or the public. Owen Digital Media’s operation will not differ 
significantly from the situation described in Grant of Exemption No. 11191 (Singler’s 

Creations). 

Contact Information

James Owen

Owen Digital Media 

528 Division St. 

Barrington, IL 60010 

Mobile: 847-345-9771

Email: James@owendgitalmedia.com

List of Specific Section of 14 CFR for which exemption is sought:

The listing matches the list on page 7 of the FAA’s “Public Guidance for Petitions 

Filed Under Section 333”, Rev. 9/25/2014 

14 CFR 21, Subpart H – Airworthiness Certificates 

14 CFR 61.113 (a) and (b), Certification: Pilots, Flight Instructors, and Ground 

Instructors 

14 CFR 91.7(a), Airworthiness required for operation 

14 CFR 91.105, Flight crewmembers at stations 

14 CFR 91.119(c), Minimum safe altitudes 

14 CFR 91.121, Altimeter settings 

14 CFR 91.151, Fuel requirements for flights in VFR conditions 

14 CFR 91.405 (a), Maintenance required 

14 CFR 91.407 (a)(1), Operations after maintenance 

14 CFR 91.409 (a)(1) and (2), Inspections 

14 CFR 91.417 (a) and (b), Maintenance records 

Section 333 of the Reform Act grants the Secretary authority to determine (1) if an 

unmanned aircraft system, as a result of its size, weight, speed, operational 

capability, proximity to airports and populated areas, and operation within visual line 

of sight (VLOS) does not create a hazard to users of the NAS or the public or pose a 

threat to national security, and (2) whether a certificate of waiver, certificate of 

authorization, or airworthiness certification under 49 USC 44704 is required for the 

operation of civil (non- governmental) UASs. Therefore, if the Secretary determines 

that such vehicles may operate safely in the national airspace system, the Secretary 

shall establish requirements for the safe operation of such aircraft in the national 

airspace system. 
 

Operation Overview

Owen Digital Media’s SUASs are quadcopters, weighing 4 or fewer lbs. (including 

payload). The SUASs have the capability to hover and move in the vertical and 

horizontal planes simultaneously. They will operate only in visual line of slight 

(VLOS) and will operate only in tightly controlled and limited airspace. They are 

capable of operating at speeds of up to 29 knots, but will be routinely operated at 

much lower speeds. They will routinely be operated below 200 feet above ground 

level (AGL), and never above 400 feet AGL. 

Aircraft

Owen Digital Media operates Phantom 3 Professional and DJI Inspire SUASs 

manufactured by DJI, a well-known leader in quadcopter technology. DJI strives to 

bring new perspectives to aerial work and help companies accomplish feats safer, 

faster, and with greater efficiency. They have an unparalleled commitment to R&D, a 

culture of constant innovation, and a focus on transforming complex technology into 

easy-to-use devices. 

The standard Phantom quadcopter package includes the Phantom itself, camera, 

gimbal, propulsion system, flight control system, 5.8 GHz remote controller, and 2.4 

GHz Wi-Fi communication system. The remote uses a 5.8 GHz frequency to prevent 

interference with the video/telemetry channel. This second channel allows for a 

constant connection with the Phantom/Inspire to monitor it via a smartphone that is 

attached to the remote controller. 

The Phantom is about 1 foot square in size. The Inspire is less than 2 feet square in 

size. They have a maximum ascent speed of 13 knots, a maximum descent speed 

of 3 knots, and a maximum flight speed of 30 knots. While operating within VLOS, 

the remote control has a range of 2,624 feet. The total weight (including the 

payload) is 3.4 lbs. 

The Phantom and Inspire is equipped with a DJI Naza-M V2 flight control system. 

This provides for incredible ease of use and stability. Pilots can control the 

Phantom’s movements in many directions – including pitch (forward and backward), 

roll (left and right), elevator (up and down), and yaw (turn left or right). The flight 

control system can also provide Intelligent Orientation Control (IOC), failsafe, 

battery level warnings, and show the aircraft’s current heading, direction, and 

approximate distance from home on the on-screen radar. The built-in GPS system 

aids in stabilizing the aircraft and automatically and safely returns it back to its 
home point in any case where communication between the remote control and 

quadcopter are lost. 

The Inertial Measurement Unit (IMU) has a built-in inertial sensor and a barometric 

altimeter that measures both attitude (ATTI) and altitude. The inertial measurement 

tells the Phantom/Inspire how it’s tilted. And the gyros tell it if it’s rotating in any 

particular direction. 

The Phantom/Inspires’s compass reads geomagnetic information and assists the 

Global Positioning System (GPS) to accurately calculate the position and height of 

the aircraft. The vertical hover accuracy is +/- 2.6 ft. The horizontal hover accuracy 

is +/- 8.2 ft. 

The Phantom and Inspire aircrafts have LED flight indicators beneath each of its 

four rotor arms. The LEDs illuminate to indicate the status of the flight control system 

and alert the PIC of any possible issues. 

Such highly advanced capabilities will ensure that the SUASs can be safely 

operated and “not create a hazard to users of the national airspace system or the 

public.”6

Equivalent Level of Safety

In an effort to join the FAA in its mission to provide the safest, most efficient 

aerospace system in the world and to minimize the risk to the NAS or to persons 

and property on the ground, Owen Digital Media agrees to be bound by the 

following limitations and conditions when conducting commercial operations under 

an FAA issued exemption: 

A. For the purposes of ensuring SUASs will be operated within the standards that 

the FAA has allowed in the AMA National Model Aircraft Safety Code 

1. SUASs will not be flown: 

a. In a careless or reckless manner. 

b. At a location where SUAS activities are prohibited. 

2. SUAS pilots will: 

a. Yield the right of way to all human-carrying aircraft. 
b. See and avoid all aircraft and a spotter must be used when 

appropriate. 

c. Not fly higher than 400 feet above ground level or within three (3) 

miles of an airport without notifying the airport operator. 

d. Not interfere with operations and traffic patterns at any airport, 

heliport or seaplane base except where there is a mixed use 

agreement. 

e. Not exceed a takeoff weight of 55 pounds (including payload). 

f. Ensure the aircraft is identified by affixing the owner’s contact 

information to the outside of the SUAS. 

g. Not operate SUASs while under the influence of alcohol or while 

using any drug that could adversely affect the PIC’s ability to 

safely control the model. 

h. Not operate SUASs carrying pyrotechnic devices that explode or 

burn, or any device which propels a projectile or drops any 

object that creates a hazard to persons or property. 

3. SUASs will not be flown unless: 

a.The aircraft, control system and pilot skills have successfully 

demonstrated all maneuvers intended or anticipated prior to the 

specific event. 

b.An inexperienced pilot is assisted by an experienced pilot. 

4. All pilots shall avoid flying directly over unprotected people, vessels, 

vehicles or structures and shall avoid endangerment of life and property 

of others. 

5. A successful radio equipment ground-range check in accordance with 

manufacturer’s recommendations will be completed before the first flight 

of a new or repaired model aircraft. 

6. SUASs must use the radio-control frequencies currently allowed by the 

Federal Communications Commission (FCC). 
7. SUASs will not knowingly operate within three (3) miles of any pre-existing 

flying site without a frequency-management agreement. 

8. Excluding takeoff and landing, no SUASs may be flown outdoors closer 

than 25 feet to any individual, except for the PIC and the Visual Observer 

(VO) located at the takeoff site. 

9. Under no circumstances may a pilot or other person touch a SUAS in 

flight while it is still under power, except to divert it from striking an 

individual. 

10.The PIC of the SUAS shall: 

a. Maintain control during the entire flight, maintaining visual contact 

without enhancement other than by corrective lenses prescribed 

for the pilot. 

b. Fly using the assistance of a camera or First-Person View (FPV) 

only in accordance with the procedures outlined in AMA 

Document #550. 

c. Fly using the assistance of autopilot or stabilization system only in 

accordance with the procedures outlined in AMA Document 

#560. 

11.The flying area must be clear of all utility wires or poles and an SUAV will 

not be flown closer than 50 feet to any above-ground electric utility lines. 

12.The flying area must be clear before the engine is started, except for PIC 

and the VO. 

B. In addition to the above rules outlined by the AMA National Model Aircraft Safety 

Code and in an effort to enhance the safety offered by the already safe 

operations mentioned above, Owen Digital Media also agrees to be bound by 

the following limitations and conditions: 

1. Operations authorized by this petition for exemption are limited to the 

following aircraft described in the operating documents which is the DJI 

Phantom 3 Professional and Inspire Unmanned Aircraft Systems, both of 

which are quad rotor aircrafts with a maximum takeoff weight of less than 
6 pounds. Proposed operations of any other aircraft will require a new 

petition or a petition to amend this grant. 

2. UAS operations under this petition are limited to aerial photography and 

videography services will be offered to businesses, corporations, 

organizations, individuals, schools, homeowners, realtors, builders, 

contractors, and/or inspectors for use in, but not limited to, real estate 

marketing and safer inspections of home and building exteriors. 

3. The UA will not be flown at an indicated airspeed exceeding 29 knots (15 

m/s). 

4. The UA will be operated at an altitude of no more than 400 feet above 

ground level (AGL), as indicated by the procedures specified in the 

operating documents. All altitudes reported to ATC must be in feet AGL. 

5. The UA will be operated within visual line of sight (VLOS) of the PIC at all 

times. This requires the PIC to be able to use human vision unaided by 

any device other than corrective lenses, as specified on the PIC’s FAAissued airman medical certificate. 

6. All operations will utilize a VO. The VO will be used to satisfy the VLOS 

requirement as long as the PIC always maintains VLOS capability. The VO 

and PIC will be able to communicate verbally at all times. Electronic 

messaging or texting will not be permitted during flight operations. The 

PIC will be designated before the flight and cannot transfer his or her 

designation for the duration of the flight. 

7. The VO will not perform any other duties beyond assisting the PIC with 

seeing and avoiding other air traffic and other ground based obstacles/

obstructions and is not permitted to operate the camera or other 

instruments. 

8. The operating documents will be accessible during UAS operations and 

made available to the Administrator upon request. The operator will follow 

the procedures as outlined in its operating documents. The operator may 

update or revise its operating documents. It is the responsibility of Owen 

Digital Media to track such revisions and present updated and revised 
documents to the Administrator upon request. Owen Digital Media will 

also present updated and revised documents if it petitions for extension 

or amendment. If Owen Digital Media determines that any update or 

revision would affect the basis upon which the FAA granted this 

exemption, then Owen Digital Media will petition for amendment to their 

exemption. The FAA’s UAS Integration Office (AFS-80) will be contacted if 

questions arise regarding updates or revisions to the operating 

documents. 

9. Prior to each flight the PIC will inspect the UAS to ensure it is in a 

condition for safe flight. If the inspection reveals a condition that affects 

the safe operation of the UAS, the aircraft is prohibited from operating 

until the necessary maintenance has been performed and the UAS is 

found to be in a condition for safe flight. The Ground Control Station will 

be included in the preflight inspection. All maintenance and alterations 

will be properly documented in the aircraft records. 

10.Any UAS that has undergone maintenance or alterations that affect the 

UAS operation or flight characteristics, e.g. replacement of a flight critical 

component, must undergo a functional test flight in accordance with the 

operating documents. The PIC who conducts the functional test flight will 

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

and procedures for a functional test flight and aircraft record entry will be 

added to the operating documents. 

11.The preflight inspection section in the operating documents will be 

amended to include the following requirement: The preflight inspection 

will account for all discrepancies, i.e. inoperable components, items, or 

equipment, not covered in the relevant preflight inspection sections of the 

operating documents. 

12.The operator will follow the manufacturer’s UAS aircraft/component, 

maintenance, overhaul, replacement, inspection, and life limit 

requirements, with particular attention to flight critical components that 

may not be addressed in the manufacturer’s manuals. 

13.The operator will carry out their maintenance, inspections, and record 

keeping requirements, in accordance with the operating documents. 

Maintenance, inspection, and alterations will be noted in the aircraft 

logbook, including total flight hours, description of work accomplished, 
and the signature of the authorized UAS technician returning the UAS to 

service. 

14.Each UAS operated will comply with all manufacturer Safety Bulletins. 

15.An authorized person will make a record entry in the aircraft record of the 

corrective action taken against discrepancies discovered between 

inspections. 

16.Qualification for the Pilot in Command 

a. Certifications: Operations will be conducted by a Pilot in 

Command (PIC) possessing at least a private pilot certificate and 

at least a third-class medical certificate. 

b. Logged Hours: Prior to operations the PIC will have accumulated 

and logged 20 flights or log 20 hours of flight time (the greater of 

the two) with the Phantom/Inspire. 

c. Currency: The PIC will have accomplished, during dedicated 

training sessions, 3 take-offs and landings in the preceding 90 

days (for currency purposes). 

d. Flight Training: 

i. Successfully learn and demonstrate all flight maneuvers in 

the “Phantom/Inspire Pilot Training Guide”. 

ii. Study and be familiar with all sections of the “Phantom 3 

Professional User Manual”. 

iii. Study and be familiar with all sections of the “Guide to the 

Phantom 3 Professional”. Study, be familiar with, and 

demonstrate (where possible) the “Always be Prepared for 

the Worst” scenarios. (See “Always be prepared for the 

Worst” on page 13 of the attached “Guide to the Phantom 3 

Professional” and Guide to the DJI Inspire). 
e. Emergency and Evasive Maneuvers: The PIC will have 

demonstrated the ability to safely operate the Phantom/Inspire 

aircrafts in a manner consistent with how it will be operated in for 

actual Owen Digital Media operations, including evasive and 

emergency maneuvers and maintaining appropriate distances 

from people, vessels, vehicles and structures. The logged hours 

referenced above will document this. 

17.UAS operations will not be conducted during night, as defined in 14 CFR 

§ 1.1. All operations will be conducted under visual meteorological 

conditions (VMC). Flights under special visual flight rules (SVFR) are not 

authorized. 

18.The UA will not operate within 5 nautical miles of an airport reference 

point as denoted on a current FAA-published aeronautical chart unless a 

letter of agreement with that airport’s management is obtained, and the 

operation is conducted in accordance with a NOTAM. The letter of 

agreement with the airport management will be made available to the 

Administrator upon request. 

19.The UA will not be operated less than 500 feet below or less than 2,000 

feet horizontally from a cloud or when visibility is less than 3 statute miles 

from the PIC. 

20.If the UAS loses communications or loses its GPS signal, the UA will 

return to a predetermined location within the private or controlled-access 

property and land or be recovered in accordance with the operating 

documents. 

21.The PIC will abort the flight in the event of unpredicted obstacles or 

emergencies in accordance with the operating documents. 

22.The PIC is prohibited from beginning a flight unless (considering wind 

and forecast weather conditions) there is enough power to fly at normal 

cruising speed to the intended landing point and land the UA with 30% 

battery power remaining in accordance with the operating documents. 
23.The operator will obtain an Air Traffic Organization (ATO) issued 

Certificate of Waiver or Authorization (COA) prior to conducting any 

operations under this petition for exemption. 

24.All aircraft operated in accordance with this petition will be identified by 

serial number, registered in accordance with 14 CFR part 47, and have 

identification (N-Number) markings in accordance with 14 CFR part 45, 

Subpart C. Markings will be as large as practicable. 

25.Before conducting operations, the radio frequency spectrum used for 

operation and control of the UA will comply with the Federal 

Communications Commission (FCC) or other appropriate government 

oversight agency requirements. 

26.The documents required under 14 CFR §§ 91.9 and 91.203 will be 

available to the PIC at the Ground Control Station of the UAS any time the 

aircraft is operating. These documents will be made available to the 

Administrator or any law enforcement official upon request. 

27.The UA will remain clear and yield the right of way to all other aviation 

operations and activities at all times. 

28.The UAS will not be operated by the PIC from any moving device or 

vehicle. 

29.Flight operations will be conducted at least 500 feet from all 

nonparticipating persons (persons other than the PIC or VO), vessels, 

vehicles, and structures unless: 

a. Barriers or structures are present that sufficiently protect 

nonparticipating persons from debris in the event of an accident. 

The operator will ensure that nonparticipating persons remain 

under such protection. If a situation arises where nonparticipating 

persons leave such protection and are within 500 feet of the UA, 

flight operations will cease immediately and/or; 
b. The aircraft is operated near vessels, vehicles or structures 

where the land owner/controller has granted permission and the 

PIC has made a safety assessment of the risk of operating closer 

to those objects and; 

c. Operations near the PIC or VO do not present an undue hazard 

to the PIC or VO per § 91.119(a). 

30.All operations will be conducted over private or controlled-access 

property with permission from the property owner/controller or authorized 

representative. Permission from property owner/controller or authorized 

representative will be obtained prior to the beginning of every flight. 

31.Any incident, accident, or flight operation that transgresses the lateral or 

vertical boundaries of the operational area as defined by the applicable 

COA will be reported to the FAA’s UAS Integration Office (AFS-80) within 

24 hours. Accidents must be reported to the National Transportation 

Safety Board (NTSB) per instructions contained on the NTSB Web site: 

www.ntsb.gov. 

 

The operation of SUASs, weighing less than 3 lbs., conducted in the strict 

conditions as outlined above, will provide an equivalent level of safety supporting 

the grant of exemptions requested herein, including exempting the applicant from 

the requirements of Part 21 and allowing commercial operations. 

These lightweight aircraft operate at slow speeds, close to the ground, and in a 

tightly controlled environment. As a result, they offer a much safer way to capture 

aerial photography and videography. Furthermore, the proposed operations 

represent a safety enhancement to the already safe operations that have been 

granted by the FAA for the establishment of the AMA National Model Aircraft Safety 

Code. 

Preflight Action Plan

The PIC will follow a comprehensive pre-flight checklist to ensure that the SUAS is in 

a condition for safe flight. This plan will be improved as needed in order to ensure 

all known safety precautions and/or safety precautions suggested by the 

manufacturer are being accounted for. 

A. Pre-flight Inspection 

1. Check that the remote control, Phantom/Inspire batteries, range extender, 

and smartphone are all fully charged. 
2. Verify that the Phantom/Inspire batteries are not swollen or damaged in 

any way. Clean the contact needles and pads if necessary. 

3. Turn the motor shafts with your fingers and verify they are smooth without 

excessive play or binding. 

4. Verify that the propellers are mounted correctly. Propellers with a black 

top should be mounted on the mount shafts that have a black dot. 

Propellers with a silver top should be mounted on the mount shafts that 

have a silver dot. Each propeller should spin all the way down onto the 

motor shaft. 

5. Run finger along the edge of edge blade to check for any rough edges. 

6. Flex both side of the propellers’ blades to check for hairline cracks where 

the blades connect in the center of the propeller. 

7. Verify that the landing gear is secure (not cracked/broken/loose). 

8. Verify that the compass and compass cable is firmly attached to the 

landing gear. 

9. Verify that the Micro-SD card has been inserted and formatted. 

10.Verify that the damping absorbers are not broken and/or worn. 

11.Verify that the anti-drop pins are in place and locked. 

12.Remove the Gimbal guard and camera lens cap. 

13.Verify that the camera is secure and clean. Inspect the camera ribbon 

cables for tears and/or signs of wear. 

14.Verify that the smartphone’s GPS is enabled. 

15.Set the smartphone to do-not-disturb mode to prevent distractions while 

flying. 

16.Set the smartphone to forget any Wi-Fi networks in range in order to 

prevent the Wi-Fi connection from changing mid-flight. 

17.Verify that the smartphone’s audio is on to ensure the low battery warning 

and other alarms can be heard. 

B. Power Up 

1. Verify that S1 and S2 are in the top position on the remote control. 

2. Power on the equipment in the following sequential order: 

a. Range Extender (“System” is blinking green; “Power” is solid 

green) 
b. Remote Control (2 beeps to indicate it’s in FCC mode) 

c. Insert and start the Phantom battery. 

3. Watch the Phantom or Inspire’s LED startup sequence for abnormal 

indications. The rear LEDs should blink green for at least 10-15 seconds 

to indicate that it locked onto 6+ satellites and has marked the home point 

(for use by the failsafe feature). 

4. Calibrate the Phantom/Inspires’s compass. 

5. Place the Phantom/Inspire on an open, flat ground with the battery 

indicators facing towards the PIC at least 10 feet away. 

C. DJI Vision Application 

1. Connect the smartphone Wi-Fi to the range extender. 

2. Launch the “DJI Go” application on the smartphone. 

a. Verify that the Wi-Fi connection is connected to the Phantom/

Inspire and is marked with a green dot. 

b. Verify the number of satellites is 6+. 

c. Verify the Wi-Fi signal strength. 

d. Verify that the Phantom/Inspire and range extender batteries are 

reporting a full charge. 

e. Verify that both the PIC’s and Phantom/Inspire’s location is the 

same before taking off to ensure the home point has been 

accurately marked. 

f. Verify the location of the Phantom/Inspire in the “Flight Radar”. If 

it’s not in the correct position/direction and/or shows a distance of 

“N/A”, it did not mark the home point. 
g. Use the “Find my Phantom” or “Find my Inspire” features to 

ensure the blue (home point location) and red (Phantom/Inspire

location) dots are in the same location on the screen. 

D. Ready to Fly 

1. Verify that the remote control antenna is perpendicular to the ground 

(pointing skyward). 

2. Verify that the front, flat face of the range extender is pointed toward the 

Phantom/Inspire. 

3. Verify that the rear LEDs are still slowly blinking green and still connected 

to 6+ satellites. 

4. Start the Phantom/Inspire motors using the CSC command on the remote 

control. 

5. Verify that the motors are functioning normally, are not making any 

unusual noises, and are all spinning at the same speed. 

6. Verify that the area is still clear of obstructions, people, power lines, etc. 

7. Take off and hover at about 6-8 feet above the takeoff point to verify that 

the Phantom/Inspire has a solid GPS lock. If any abnormalities are noticed 

(drifting, flying in circles, etc.), land immediately and repeat the “Pre-flight 

Inspection” and “Power Up” sequences. 

8. Verify that the Phantom/Inspire holds a steady position while yawing 360 

degrees. 

9. Verify that the Phantom/Inspire response appropriately to all controls – 

yaw left/right, pitch forward/backward, roll left/right, and throttle up/down. 

Preventative Maintenance

A comprehensive preventative maintenance plan will be followed in order to ensure 

the SUAS’s software is up-to-date, the batteries are in good health, and the aircraft 

itself is always ready for safe flight. 

Public Interest

Granting this exemption would benefit the public as a whole. SUASs offer a strong 

equivalent level of safety, a reduction in environmental impacts, and are free from 

the harmful emissions associated with the manned aircraft that are currently used 

for aerial photography, videography and surveying. Due to the size of the SUAS and 

the tightly controlled and limited airspace in which the SUAS will operate, approval 
of this application presents no risk to the public. Furthermore, the public will be able 

to legally acquire aerial photography and videography services to help in, but not 

limited to, advertising homes for sale, advertising uninhabited home lots, use of 

photos and video as an aid when researching homes for sale on the market, 

organization/business/corporate marketing and promotion, surveying damage or 

safely accessing high and/or awkward areas of a home’s exterior to assess damage 

that needs to be repaired. 

Privacy

Since the areas being photographed or filmed will be on private property, accessed 

only after given written and/or oral consent by the property owner(s), and clear of all 

people, except for the PIC and the PIC's helper(s), approval of this application 

presents no risk to the public privacy. 

National Security

Due to the size of the SUAS and the tightly controlled and limited airspace in which 

the SUAS will operate, approval of this application presents no risk to national 

security. 

Requested Exemptions

Owen Digital Media requests exemption from the following regulations since it’s not 

possible to fully comply with them, and since attempting to follow them for the 

purposes of operating a SUAS would be a burden: 

Airworthiness Certificates

14 CFR, Subpart H 

Part 21 covers certification procedures for products and parts. Subpart H 

specifies requirements for Airworthiness Certificates for various aircraft types. 

Small unmanned aircraft systems are not specifically called out and 

addressed in these rules. Owen Digital Media will, in lieu of airworthiness 

certification by aforementioned rule, if exemption is granted, ensure that the 

Phantom 3 Professional and Inspire system is in compliance with its 

operating documents as described herein. The PIC will assure that all 

Preflight Checks are completed and documented and thee is full compliance 

with all manufacturer’s operation and maintenance documents. Due to 

consideration of the size, weight, speed, and limited operating area 

associated with Owen Digital Media’s proposed Phantom 3 Professional and 

Inspire, we believe they will not create a hazard to users of the National 

Airspace System (NAS) or the public. Therefore, a request is made for 
exemption from 14 CFR part 21, and any associated noise certification and 

testing requirements of part 36. 

Private pilot privileges and limitations: Pilot in command

14 CFR 61.113 (a) 

Under current regulations, civil operations for compensation or hire require a 

PIC holding a commercial pilot certificate per 14 CFR Part 61. Based on the 

Private Pilot limitations in accordance with pertinent parts of 14 CFR 

§61.113(a), a pilot holding a Private Pilot certificate cannot act as a PIC of an 

aircraft for compensation or hire. However, in Grant of Exemption No. 11062 

to Astraeus Aerial (Astraeus), the FAA determined that a PIC with a private 

pilot certificate operating the Astraeus UAS would not adversely affect 

operations in the NAS or present a hazard to persons or property on the 

ground. 

Owen Digital Media operation will not differ significantly from the situation 

described in Grant of Exemption No. 11062 (Astraeus Aerial). Owen Digital 

Media plans to operate over private property with controlled access in the 

NAS. With the similar nature of the proposed operating environment to that of 

Astraeus, the parallel nature of Private Pilot aeronautical knowledge 

requirements to those of commercial requirements [ref: Exemption No. 

11062], and the airmanship skills necessary to operate the UAS, Owen 

Digital Media believes that the additional airmanship experience of a 

commercially certificated pilot would not correlate to the airmanship skills 

necessary for the specific proposed operations. 

Airworthiness required for operation

14 CFR 91.7(a) 

If the exemption from 14 CFR 21, Subpart H (item 1 above) is granted, no 

airworthiness certificate will be required. On this basis, exemption from 14 

CFR 91.7 (a) is requested, presuming that airworthy condition by definition in 

the rule means having an airworthiness certificate. Owen Digital Media will, in 

lieu of airworthiness certification by 14 CFR 21, ensure that the Phantom 3 

Professional and Inspire systems are in compliance with its operating 

documents as described herein. The PIC will assure that all Preflight Checks 

are completed and documented and execute full compliance with all 

manufacturer’s operation and maintenance documents. 

Flight crewmember at stations

14 CFR 91.105 

This part requires certain actions by onboard crewmembers. Since the 

Phantom/Inspire are unmanned, an exemption from this rule is requested. 
Minimum Safe Altitudes

14 CFR 91.119(c) 

This regulation requires all operation to remain no closer than 500 feet from 

persons, vessels, vehicles, and structures. Owen Digital Media requires relief 

from § 91.119(c) is because all operations will be conducted below 400 feet 

AGL and may be operated closer than 500 feet from persons, vessels, 

vehicles, and structures as described above. 

Prior to conducting UAS specific operations, all persons not essential to flight 

operations (nonparticipating persons) must remain at appropriate distances. 

In open areas, the UA will remain 500 feet from all persons other than 

essential flight personnel (i.e. the PIC and VO). If barriers or structures are 

present that can sufficiently protect nonparticipating persons from debris in 

the event of an accident then the UA may operate closer than 500 feet to 

persons afforded such protection. Owen Digital Media will ensure that 

nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet 

of the UA, flight operations must cease immediately. The primary concern, 

when considering how to immediately cease operations, is the safety of those 

nonparticipating persons. Operations may be conducted closer than 500 feet 

to vessels, vehicles and structures when the land owner/controller grants 

such permission and the PIC makes a safety assessment of the risk of 

operating closer to those objects. 

Altimeter settings

14 CFR 91.121 

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. An equivalent level of 

safety will be achieved by the operator by confirming the altitude of the 

launch site shown on the GPS altitude indicator before flight. 

Fuel Requirements for Flight in VFR Conditions

14 CFR 91.151 (a) 

This regulation 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.” 
Similar UAS-specific relief has been granted an Exemption Nos. 8811, 

10808, and 10673 for daytime, Visual Flight Rules (VFR) conditions. Owen 

Digital Medias UAS provides low battery warnings at 30% capacity that 

indicate the PIC must command the UA’s return to the launch point when low 

battery capacity voltage is reached. The UAS also provides critical low 

battery warnings at 15% battery capacity indicating that the UA will begin to 

descend and land automatically. These factors provide an equivalent level of 

safety by prohibiting the from beginning a flight unless (considering wind and 

forecast weather conditions) there is enough power to fly at normal cruising 

speed to the intended landing point and land the UA with 30% battery power 

remaining. 

Maintenance Inspections

14 CFR 91.405 (a); 14 CFR 91.407 (a)(1); 14 CFR 91.409 (a)(1) and (2); 14 

CFR 91.417 (a) and (b) 

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. 

Given that these sections and Part 43 apply only to aircraft with an 

airworthiness certificate, these sections will not apply. Maintenance will be 

accomplished by the operator pursuant to the aforementioned Phantom/

Inspire user manuals and guides. An equivalent level of safety will be 

achieved because these small SUASs are very limited in size, will carry a 

small payload, and operate only in restricted areas for limited periods of time. 

If mechanical issues arise, the SUAS can land immediately and will be 

operating from no higher than 400 feet AGL. As outlined in the 

aforementioned Pre-flight Action Plan, the operator will ensure that the SUAS 

is in working order prior to initiating flight and perform maintenance as 

required. Moreover, the operator is the person most familiar with the aircraft 

and best suited to maintain the aircraft in an airworthy condition to provide 

the equivalent level of safety. 

In accordance with 14 CFR Part 11, the following summary is provided for 

publication in the Federal Register: 

The applicant seeks an exemption from the following rules: 14 CFR Part 21, Subpart 

H; 14 CFR 61.113 (a); 14 CFR 91.7(a); 14 CFR 91.105; 14 CFR 91.119(a); 14 CFR 

91.121; 14 CFR 91.151; 14 CFR 91.405 (a); 14 CFR 91.407 (a)(1); 14 CFR 91.409 

(a)(1) and (2); 14 CFR 91.417 (a) and (b) to commercially operate small unmanned 

aircraft systems (55 lbs. or less) in order to safely and legally capture aerial 

photography and videography for use by businesses, corporations, organizations, 

individuals, homeowners, realtors, builders, contractors, and/or inspectors. 
The operation of SUASs conducted in the strict conditions outlined above, will 

provide an equivalent and/or greater level of safety supporting the grant of the 

exemptions requested herein, including exempting the applicant from the 

requirements of Part 21 and allowing commercial operations. These lightweight 

aircraft operate at slow speeds, close to the ground, and in a sterile environment, 

and as a result, are far safer than existing operations conducted with helicopters 

operating in close proximity to the ground, people, or other buildings in the vicinity. 

Given the small size of the SUASs involved, the slow speed at which they must be 

operated in order to capture photos and videos, and the restricted environment 

within which they will operate, the Phantom and Inspire demonstrates that it can be 

operated within an equivalent level of safety in which Congress envisioned that the 

FAA must, by exemption, allow commercial operations of SUASs to commence 

immediately. 

Also, due to the size of the SUASs and the restricted areas in which the relevant 

SUASs will operate, approval of this application presents no threat to national 

security. Given the clear direction in Section 333 of the Reform Act, the authority 

contained in the Federal Aviation Act, the strong equivalent level of safety 

surrounding the proposed operations, the significant public benefit – including 

enhanced safety, reduction in environmental impacts, no emissions, ability to legally 

obtain aerial photography and videography services – the grant of the requested 

exemptions is in the public interest. Accordingly, Owen Digital Media respectfully 

requests that the FAA grant the requested exemption without delay. 

Satisfaction of the criteria provided in Section 333 of the Reform Act – size, weight, 

speed, operating capability, proximity to airports and populated areas, operation 

within the visual line of sight, public safety, and national security – provide more 

than adequate justification to grant Owen Digital Media the requested exemption, 

allowing for commercial operations as described herewith. 

 

Summary for Publication in Federal Register

Petition for Exemption 

Docket No.: FAA-2015-xxxx 

Petitioner: Owen Digital Media

Sections of 14 CFR 

Description of Relief Sought: The petitioner is seeking an exemption to utilize 

an unmanned aircraft system (UAS) to accomplish aerial photography, 

videography, and surveying services to businesses, corporations, 

organizations, individuals, schools, homeowners, realtors, builders, 

contractors, and/or inspectors for use in, but not limited to, real estate 

marketing and safer inspections of home and building exteriors. 
Sincerely, 

/s/ James Owen

______________________________ 

James Owen, Owner, Owen Digital Media