April 20, 2015

Exemption No. 11396 Regulatory Docket No. FAA–2015–0163

Mr. Jeffrey J. Antonelli Counsel for Owlcam, LLC

Antonelli Law 100 North LaSalle Street, Suite 2400 Chicago, IL 60602

Dear Mr. Antonelli:

This letter is to inform you that we have gran ted your request for exemption. It transmits our decision, explains its basis, and gives you th e conditions and limitations of the exemption, including the date it ends.

The Basis for Our Decision

By letters dated January 22 and April 2, 2015, you petitioned the Federal Aviation Administration (FAA) on behalf of Owlcam, LLC (hereinafter petitioner or operator) for an exemption. The exemption would allow the petiti oner to operate an unmanned aircraft system (UAS) to conduct aerial photography and videography for real estate in rural areas in the state

of Hawai’i.

See Appendix A for the petition submitted to the FAA describing the proposed operations and the regulations that the petitioner seeks an exemption.

The FAA has determined that good cause exists for not publishing a summary of the petition in the Federal Register because the requested exemption would not set a precedent, and any delay in acting on this petition would be detrimental to the petitioner.2

Airworthiness Certification

The UAS proposed by the petitioner is a DJI Phantom 2.

The petitioner requested relief from 14 CFR part 21, Certification procedures for products and parts, Subpart H—Airworthiness Certificates . In accordance with the statutory criteria provided in Section 333 of Public Law 112

− 95 in reference to 49 U.S.C. § 44704, and in consideration of the size, weight, speed, a nd limited operating area associated with the aircraft and its operation, the S ecretary of Transportation has de termined that this aircraft meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 14 CFR part 21, Certification procedures for products and parts, Subpart H—Airworthiness Certificates , and any associated noise certification and testing requirements of part 36, is
not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection. The FAA has issued grants of exemption in circumstances similar in all materi al respects to those pres ented in your petition. In Grants of Exemption No s. 11062 to Astraeus Aerial ( see Docket No. FAA

− 2014

− 0352), 11109 to Clayco, Inc. ( see Docket No. FAA

− 2014

− 0507), 11112 to VDOS Global, LLC ( see Docket No. FAA

− 2014

− 0382), and 11213 to Aeryon Labs, Inc. ( see Docket No.

FAA

− 2014

− 0642), the FAA found that the enhanced safety achieved using an unmanned aircraft (UA) with the specifica tions described by the petition er and carrying no passengers or crew, rather than a manned aircraft of signi ficantly greater proporti ons, carrying crew in addition to flammable fuel, gi ves the FAA good cause to find th at the UAS operation enabled by this exemption is in the public interest.

Having reviewed your reasons for re questing an exemption, I find that—

 They are similar in all material respects to relief previously re quested in Grant of Exemption Nos. 11062, 11109, 11112, and 11213;

 The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 11213 also apply to the situ ation you present; and

 A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a gr ant of exemption is in the public interest. Therefore, pursuant to the authority contained in 49 U.S. C. 106(f), 40113, and 44701, delegated to me by the Administrator, Owlcam, LLC. is granted an exemption from 14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5 ), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) a nd (2), and 91.417(a) and (b), to the3

extent necessary to allow the petitioner to opera te a UAS to perform aerial data collection. This exemption is subject to the conditions and limitations listed below.

Conditions and Limitations

In this grant of exemption, Owlcam, LLC is hereafter referred to as the operator.

Failure to comply with any of the conditions an d limitations of this grant of exemption will be grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Phantom 2 when weighing less than 55 pounds including payload. Proposed operations of any other aircraft will require a new petition or a petition to amend this exemption.

2. Operations for the purpose of closed-set motion picture and television filming are not permitted.

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restricti on. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of th e 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 FAA-issued airman medical certificate or

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within the visual line of sight (VLOS) of the PI C and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times; electronic messaging or texting is not pe rmitted during flight operations. The PIC must be designated before the flight and ca nnot transfer his or her designation for the duration of the flight. The PIC must en sure that the VO can perform the duties required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating documents must be accessible during UAS operations and made available to the4

Administrator upon request. If a discre pancy exists between the conditions and limitations in this exemption and the pro cedures outlined in the operating documents,

the conditions and limitations herein ta ke precedence and must be followed. Otherwise, the operator must follow the pr ocedures as outlined in its operating documents. The operator may update or revi se its operating documents. It is the operator’s responsibility to track such revisions and pr esent updated and revised documents to the Administrator or any la w enforcement official upon request. The operator must also present updated and revise d documents if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon wh ich the FAA granted this exemption, then the operator must petition for an amendmen t to its grant of exemption. The FAA’s UAS Integration Office (AFS

− 80) may be contacted if questions arise regarding updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that aff ect the UAS operation or flight characteristics, e .g., replacement of a flight cr itical component, must undergo a functional test flight prio r to conducting further opera tions under this exemption. Functional test flights may only be conducted by a PIC with a VO and must remain at least 500 feet from other people. The functi onal test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the UAS is in a condition for safe flight. Th e pre-flight inspection must account for all potential discrepancies, e.g., inoperable components, items, or equipment. 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.

11. The operator must follow the UAS manu facturer’s maintenance, overhaul, replacement, inspection, and life limit requirements for the aircraft and aircraft components.

12. Each UAS operated under this exempti on must comply with all manufacturer safety bulletins.

13. Under this grant of exemption, a PIC mu st hold either an airline transport, commercial, private, recreational, or sport pi lot certificate. The PIC must also hold a

current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the f light review requirements specified in 14 CFR § 61.56 in an aircraft in which the PI C is rated on his or her pilot certificate.5

14. The operator may not permit any PIC to ope rate unless the PIC demonstrates the ability to safely operate the UAS in a ma nner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distan ces from persons, vessels, vehi cles and structures. PIC qualification flight hours and currency must be logged in a manner consistent with 14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (training, proficiency, and e xperience-building) and determining the PIC’s ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of this exemption. However, training operations may only be conducted dur ing dedicated training sessions. During training, proficiency, and expe rience-building flights, al l persons not essential for flight operations are considered nonpartic ipants, and the PIC must operate the UA with appropriate distance from nonparti cipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual me teorological conditions (VMC). Flights under special visual flight rule s (SVFR) are not authorized.

16. The UA may not operate within 5 nautical mile s of an airport reference point (ARP) as denoted in the current FAA Airport/Facil ity Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbol as denoted on the current FAA-published aeronautical chart, unless a letter of agreement with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the ai rport management must be made available to the Administrator or any law enforcement official upon request.

17. The UA may 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.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a pre-determined location within the pr ivate or controlled-access property.

19. The PIC must abort the flight in the even t of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a f light unless (considering wind and forecast weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that fo r at least five minutes or with the reserve power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Author ization (COA). All operations shall be conducted in accorda nce with an ATO-issued COA. The exemption holder may apply for a new or amended COA if it intends to conduct operations that cannot be conducted unde r the terms of the attached COA.6

22. All aircraft operated in accord ance with this exemption must 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 must be as large as practicable.

23. Documents used by the operator to ensure th e safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the

PIC at the Ground Control Station of the UAS any time the aircraft is operating.

These documents must be made available to the Administrator or any law enforcement official upon request.

24. The UA must remain clear and give wa y to all manned aviation operations and

activities at all times.

25. The UAS may not be operated by the PIC from any moving device or vehicle.

26. All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently pr otect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under su ch protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately in a manner ensuring the safety of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or struct ures has granted permission for operating closer to those objects and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard.

The PIC, VO, operator trainees or es sential persons are not considered nonparticipating persons under this exemption.

27. All operations shall be conducted over priv ate or controlled-access property with permission from the property owner/contro ller or authorized representative. Permission from property owner/controller or authorized representative will be obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS

− 80) within 24 hours. Accidents must be reported to the National Transportation Sa fety Board (NTSB) per instructions

contained on the NTSB Web site: www.ntsb.gov

.7

If this exemption permits operations for th e purpose of closed-set motion picture and television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM)

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this exemption must submit a written Plan of Activities to the local Flight Standards District Office (FSDO) with jurisdiction ove r the area of proposed filming. The 3-day notification may be waived w ith the concurrence of the FSDO. The plan of activities must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted under this grant of exemption;

c. Name and phone number of the person res ponsible for the on-s cene operation of the UAS;

d. Make, model, and serial or N

− Number of UAS to be used;

e. Name and certificate number of UAS PI Cs involved in the aerial filming;

f. A statement that the operator has obtain ed permission from property owners

and/or local officials to conduct the filming production event; the list of those who gave permission must be made av ailable to the inspector upon request;

g. Signature of exemption holde r or representative; and

h. A description of the flight activity, includi ng maps or diagrams of any area, city, town, county, and/or state over which film ing will be conducted and the altitudes essential to accomplish the operation.

31. Flight operations may be conducted closer th an 500 feet from pa rticipating persons consenting to be involved and necessary for the filming production, as specified in the exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS operations must comply with al l applicable parts of 14 CFR including, but not limited to, parts 45, 47, 61, and 91.8

This exemption terminates on April 30, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan Director, Flight St andards Service1

Drone/UAS Practice Group

100 North LaSalle Street

Suite 2400 Chicago, IL 60602

Tel. 312.201.8310 Jeffrey@Antonelli

- Law.com

U.S. Department of Transportation January 22, 2015 Docket Management System 1200 New Jersey Ave S.E. Washington, D.C. 20590

Re: Request for Exemption under Section 333 of the FAA Modernization and Reform Act

of 2012 and Part 11 of the Federal Aviation Regulations from 14 C.F.R 21(h); 14 C.F.R. 43.7; 14 C.F.R. 43.11; 14 C.F.R. 45.11; 14 C.F.R. 45.27; 14 C.F.R. 45.29; 14 C.F.R. 91.7(a); 14 C.F.R. 91.9(b)(2); 14 C.F.R. 91.9(c); 14 C.F.R. 91.103(b)(2); 14 C.F.R. 91.105;

14 C.F.R. 91. 113(b); 14 C.F.R. 91.119(b) and (c); 14 C.F.R. 121; 14 C.F.R. 91.151; 14 C.F.R. 91.203(a) and (b); 14 C.F.R. 215; 14 C.F.R. 91.403; 14 C.F.R. 405 (a) and (b); 14 C.F.R. 91.407; 14 C.F.R. 409; and 14 C.F.R. 91.417.

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 C.F.R. Part 11, Antonelli Law’s Drone/UAS Practice Group, on behalf of Owlcam, LLC (“Owlcam”) , an operator of Small Unmanned Aircraft Systems (“sUAS”) equipped to film and photogra ph real estate in rural areas in the state of Hawai’i , applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to allow commercial operation of its sUASs, so long as such operations are conducted within and under the conditions outli ned herein or as may be established by the FAA as required by Section 333.

Approval of exemptions for Owlcam will allow commercial operations of sUASs in rural, remote, low density areas on the Hawai’ian Islands, for the purpose of real estate photograph y and videography . The pilot in command (PIC) is a certified commercial and instrument

- rated helicopter pilot with more than 6,100 hours of flight time, and has a second class medical certificate. The requested exemption should be granted because the propo sed operations of the DJI Phantom 2, a small UASs that weighs 2.9 lbs., inclusive of battery and payload, conducted in the strict conditions outlined below, will provide an equivalent level of safety, as Congress intended, while still allowing commercial o perations. The lightweight aircraft covered by the exemption are far safer than conventional operations conducted with manned helicopters and fixed

- wing aircraft weighing thousands of pounds, containing highly flammable fuel, and operating in close proximi ty to the ground and people , as a similar UAS has been previously approved in Exemption No. 11138, Douglas Trudeau, Realtor® . The seven factors Congress directed the FAA to consider when approving Section 333 exemption petitions

- size, weight, speed, oper ational capability, proximity to airports, proximity to populated areas, and operation within visual line of sight

– each supportthe request. In particular, the aircraft are small, and will operate at slow speeds, close to the ground,

far from airports and in a low risk, low population environment. In addition, the substantial experience of the PIC weighs heavily in favor of granting the exemption.

Pursuant to 14 C.F.R. 11.35, Owlcam requests confidential treatment for certain information provided with this request for exemption. Specifically, Owlcam requests that information

contained in its user manual, Owlcam ' s operating procedures, not be made public due to the proprietary information that the application has not and will not share with others. Additionally

, Ow l cam requests that personal information related to the PIC, including a copy of his pilot license,

not be made public in order to protect his identity. These documents are not available to the public

and are protected from release under the Freedom oflnformation Act 5 U.S.C. 552 et seq

.

For your ease in reviewing this petition**pleas~** refer to the table of contents which begins on page three. If we can provide any additional information to assist your understanding or review of this

document

, please do not hesita t e to contact us at 312-201-8310 or via email at Jeffrey@AntonelliLaw.com.



### 2 Atto

Of Counsel

Mark C. Del Bianco

3929 Washington Street Kensington

, MD 20895

Tel: 301.933.7216

Cell: 301.602.5892

mark @ markde l bianco.com

Of Counsel

Kate D

. Fletcher

Airline Transport Pilot License Type rated in:

CE-500 (Citation Jet)

SF-340 (Saab turbo prop)

DC-9 (turbo-jet)

B-737 (Boeing 737)

B-757 (Boeing 757)

B-767 (Boeing 767)

First Class Medical Certificate

Tel: 312.285.4359**katt! ~'** **q!kdtletchcrlaw.com**3 Table of Contents

I. Publishable Summary ................................

.............................................................................. 5

II. Petitioner’s Contact Information

................................................................ ............................. 5

III. Owlcam LLC’s Operations

................................ ...................................................................... 6

A. The sUAS ................................................................................................ ....................... 6

B. Flight Conditions ................................

............................................................................ 6

C. Flight Operations ................................

............................................................................ 6

IV. Privacy ................................................................

..................................................................... 8

V. Aircraft and Equivalent Level of Safety .................................................................................. 9

VI. Public Interest and Safety ................................

...................................................................... 10

VII. Regulations from Which Exemption is Requested ................................ ................................ 11

A. 14 C.F.R. 21(h): Airworthiness Certificates ......................................................................... 11

B. 14 C.F.R. 43.7: Persons authorized to approve aircraft, airframes, aircraft engines, propellers, appliances, or component parts for return to service after maintenance, preventive maintenance, rebuilding, or alteration. ................................ ................................ 12

C. 14 C.F.R. 43.11: Content, form, and disposition of records for inspections conducted under parts 91 and 125 and §§135.411(a)(1) and 135.419 of this chapter. ..................................... 13

D. 14 C.F.R. 45.11: Marking of products. ................................................................................. 13

E. 14 C.F.R. 45.27: Location of marks; nonfixed-wing aircraft ................................................ 13

F. 14 C.F.R. 45.29: Size of marks ................................................................ ............................. 14

G. 14 C.F.R. 91.7(a): Civil aircraft airworthiness. ..................................................................... 14

H. 14 C.F.R. 91.9(b)(2): Civil aircraft flight manual, marking, and placard requirements. ...... 14

I. 14 C.F.R. 91.9(c): Civil aircraft flight manual, marking, and placard requirements. ........... 15

J. 14 C.F.R. 91.103(b)(2): Preflight action. .............................................................................. 15

K. 14 C.F.R. 91.105: Flight crewmembers at stations. ................................ .............................. 16

L. 14 C.F.R. 91.113(b): Right-of-way rules: Except water operations. .................................... 16

M. 14 C.F.R. 91.119(c): Minimum safe altitudes: General. ................................ ....................... 16

N. 14 C.F.R. 91.121: Altimeter Settings .................................................................................... 17

O. 14 C.F.R. 91.151: Fuel requirements for flight in VFR conditions. ..................................... 17

P. 14 C.F.R. 91.203(a) and (b): Civil aircraft: Certifications required. ..................................... 18 Q. 14 C.F.R. 91.215: ATC Transponder and Altitude Reporting Equipment and Use .............. 19

R. 14 C.F.R. 91.403: General ................................

..................................................................... 20

S. 14 C.F.R. 91.405 (a) and (d): Maintenance Required ................................ ........................... 20

T. 14 C.F.R. 91.407: Operation after maintenance, preventive maintenance, rebuilding, or

alteration ................................................................................................ ................................ 21

U. 14 C.F.R. 91.409: Inspections ................................................................ ............................... 21

V. 14 C.F.R. 91.417: Maintenance records ................................................................................ 214 Exhibit List

Exhibit 1: DJI Phantom 2 Manual ................................................................

. Submitted Separately

Exhibit 2 : Phantom 2

– Features ................................

................................................................. 22

Exhibit 3 : Phantom 2

–

Specs ................................

..................................................................... 28

Exhibit 4 : Naza-M V2 Quick Start Guide ................................................................................... 30

Exhibit 5: 5.8G Video Link User Manual ................................................................................... 63

Exhibit 6: iOSD mini User Manual ................................................................ ............................. 69

Exhibit 7: DJI No Fly Zones ................................

....................................................................... 74

Exhibit 8 : Futaba Receiver T14SG Manual .................................................. Submitted Separately

Exhibit 9 : Memorandum from Mark W. Bury, Assistant Chief Counsel for Int’l Law, Legislation and Regulations, Fed. Aviation Admin., to John Duncan, Dir., Flight Standards Serv. (Aug. 8, 2014). ................................................................................................................... 76

Exhibit 10 : Douglas Trudeau, Realtor® Exemption No. 11138 ................................................. 78

Additional documents have been submitted to the FAA confidentially

and are not available to the public.5

I. Publishable Summary

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the Federal Register, should it be determined that publication is needed:

Applicant seeks an exemption from the following rules:

14 C.F.R 21(h); 14 C.F.R. 43.7; 14 C.F.R. 43.11; 14 C.F.R. 45.11; 14 C.F.R. 45.27; 14 C.F.R. 45.29; 14 C.F.R. 91.7(a); 14 C.F.R. 91.9(b)(2); 14 C.F.R. 91.9(c); 14 C.F.R. 91.103(b)(2); 14 C.F.R. 91.105; 14 C.F.R. 91.113(b); 14 C.F.R. 91.119(b) and (c); 14 C.F.R. 91.151; 14 C.F.R. 91.203(a) and (b); 14 C.F.R. 215; 14 C.F.R. 91.403; 14 C.F.R. 405 (a) and (b); 14 C.F.R. 91.407; 14 C.F.R. 409; and 14 C.F.R.

91.417.

Approval of exemptions for Owlcam LLC will allow commercial operations of sUASs in rural, remote, low density areas on the Hawai’ian Islands, for the purpose of real estate photography and videotaping. The pilot in command (PIC) is a certified commercial and instrument-rated helicopter pilot with more than 6,100 hours of flight time, and has a second class medical certificate. The requested exemption should be granted because proposed operation of the DJI Phantom 2, a small UASs weighing 2.9 lbs., inclusive of battery and payload, conducted in the strict conditions outlined below, will provide an equivalent level of safety, as Congress intended, while still allowing commercial operations. The lightweight aircraft covered by the exemption are far safer than conventional operation s conducted with helicopters and fixed-wing aircraft operating in close proximity to the ground and people. The seven factors Congress directed the FAA to consider when approving Section 333 exemption petitions - size, weight, speed, operational capability, proximity to airports, proximity to populated areas, and operation within visual line of sight

–

each support the request. In particular, the aircraft are small, and will operate at slow speeds, close to the ground, far from airports and in a low risk, low population environment. In addition, the substantial experience of the PIC weighs heavily in favor of granting the exemption.

II. Petitioner’s Contact Information

Owlcam LLC 1140 Puuopae Road Kapaa, HI 96746

Tel: 808-652 -9890

Email: currstix@mac.com

Antonelli Law

100 North LaSalle Street

Suite 2400 Chicago, IL 60602

Tel: 312-201 -8310

Fax: 888-211 -8624

Email: jeffrey@antonelli-law.com6

III. Owlcam LLC’s Operations

A. The sUAS

The requested exemption will permit the operation of the DJI Phantom 2

. The Phantom 2 is a small, unmanned multirotor aircraft, weighing 2.9 lbs. inclusive of batteries, the propeller guard, and technical payload. This rotorcraft can operate at a speed up to 29 knots, but Owlcam LLC (“Owlca m) will limit the speed to no more than 20 knots. The FAA has previously granted Exemption No. 11138, allowing commercial flight of a member of the DJI Phantom 2 family, the

Phantom 2 Vision+. Exemption No. 11138 is attached to this petition as Exhibit 10

.

The sUAS will have the following specifications :

Airframe: DJI Phantom 2 Flight Control System: Naza

– M V2, which includes the main controller (MC), internal measurement unit (IMU) with built

- in internal sensor, barometric altimeter, which measures

at titude and altitude, compass, GPS, and radio receiver (Rx). Transmitter ( Tx ) : Futaba T 14 SG Receiver (Rx) : Internal to DJI Phantom 2

Data Link: 2.4G Data Link

Video Link: DJI AVL 58

Gimbal: H3

- 3D Z e nmuse Gimbal for GoPro Hero

Camera: Go Pro Hero 4 Black

Ba tteries: 3S LiPo

, 5200

- mAh, 11.1V

iOSD : DJI iOSD mini, which allows live telemetry to be displayed on the video monitor, including the battery level, and altitude.

Please refer to Exhibits 1

- 8 for further information about the sUAS and transmitter

.

B. Flig ht C onditions

The sUAS will be flown in airspace under 400 feet above ground level (“AGL”) and under

controlled conditions in rural areas. The majority of flights will take place under 100 feet AGL. Owlcam’s operations will occur in rural, remote areas on the Hawai’ian Islands. Owlcam will avoid congested and densely populated areas and will work with local Flight Standard District Offices to determine safe areas to fly in. Owlcam will only operate its sUAS in VMC, visual meteorological conditions: no less than 500 feet below and no less than 2,000 feet horizontally from a cloud or when visibility a t least 3 statute miles from the PIC . The flight crew will always make a safety assessment of the risk of every operation, and will only operate when it is d etermined that no undue hazards are present.

C. Flight Operations

Owlcam’s flight operations require that the sUAS will always be in the line of sight of both

a PIC and a monitor specialist, who will also act as the visual observer (VO). Flights will be at altitudes of no more than 400 feet AGL, and at speeds less than 20 knots. Despite the 400 ft. AGL limit, most flights will take place at an altitude of no more than 100 ft. AGL.7

The PIC has a commercial rotorcraft license with an IFR rating, with 6,100 h ours of flight time, and a second class medical certificate. The VO has over four years of experience with RC aircraft, and has over 100 hours flying sUAS as a hobbyist.

The week of an operation, the flight crew will file a flight plan with the local FSDO and contact ATC. The day before an operation, the flight crew will visit and inspect for safety the area

in which operations will take place. The flight crew will also contact any neighbors to notify them of the filming. The sUAS will only fly over land w hich it has permission from the landowner or landowner’s agent to fly above

. The notification will consist of, at minimum, the time, place, and type of UAS operation being conducted. The flight crew will also have letters to leave in mailboxes

and front do ors , informing neighbors of the planned sUAS operations. The flight crew will also conduct a safety briefing with the property owners.

Flights will take place on parcels of land that are at least approximately an area of half an acre to a full acre. Operations wil l not take place in congested or densely populated areas, and the PIC will work with the local FSDO when planning operations. The flight crew will obtain all aeronautical and weather data information, as laid out in Section 6 of the Operations Manual

. Exhi bit 1.

On the day of filming, the flight crew will wear florescent shirts or vests to increase visibility. Prior to departing for an operation, the flight crew will briefly turn on the sUAS to ensure that everything is connected and that the sUAS is in op erational condition.

Upon arrival at a location for filming or photography, the flight crew will conduct an aerial and ground preflight inspection. This inspection is listed in Appendix D to the Owlcam Operations

Manual.

The flight crew will then set out traffic cones to designate the aircraft’s “home area,” which will be a circle of approximately 20 feet in diameter to mark the sUAS take

- off and landing zone.

Note: If the radio control link is broken during flight, the autopilot system will recognize

this broken control lin k and cause the sUAS to automatically return to the home a rea as recorded by the GPS instrumentation.

The flight crew will conduct a physical inspection of the aircraft as set out in Appendix D of the Operations Manual.

The flight crew will then powe r on the sUAS and set up a laptop connected to the sUAS

with the DJI AVL 58 video link. This laptop will display the telemetry information during the flight, and be monitored by the VO. The VO will be able to see the images taken by the GoPro

camera in rea l time.

The PIC will then con duct a pre

- flight inspection as outlined in Appendix D of the Operations Manual.

At any time during the flight, should the aircraft lose connection with the remote control, the flight control system failsafe will be activated automatically, and the aircraft will to return to the previously

- set home a rea and land, in order to reduce injuries or damage. If any of the following8

situations occur, the aircraft will not receive a signal, and enter into this failsafe mode:

 The remote control is powered of f;

 The aircraft has flown out of the effective communication range of the remote control, which is no greater than 1,000 meters (3,280 feet);

 There is an obstacle obstructing the signal between the remote control and the aircraft, essentially reducing the distance the signal can travel; or

 There is interference causing a signal problem with the remote control.

For further informat ion regarding the DJI Phantom 2’s failsafe functions, please refer to Exhibit 1, the DJI User Manual, Section 6.4, beginning on page 25 of that document, and Exhibit 4, the Naza

- M V2 flight control guide, section on Advanced Functions, beginning on page 16 of

that document.

The DJI Phantom 2 also has “ no fly zones ” programmed into it, which will prevent flights

in r estricted zones. Although Owlcam will take every precaution to avoid flying in airspace other than class G airspace, the preprogrammed “no fly zones” will add an additional level of safety to operations. For further information regarding the DJI’s “no fly zones,” please refer to Exhibit 1, Section 6.7 of the DJI User Manual, beginning on page 28 of that document, and Exhibit 7.

Other than this automated feature of the DJI Phantom 2, the PIC will always fly the sUAS manually. The PIC and VO have tested the sUAS in a variety of weather conditions, including on overcast days and in winds up to 15 knots. The PIC and VO will not fly the sUAS in heavy rainstorms, due to decreased visibility and the potential for water damage to the sUAS. The PIC

and VO have also practiced emergency bailout procedures by having the sUAS return to home. In the event of an emergency, the PIC will release the joysticks. This will make the sUAS automatically hover in place and maintain its position and altitude, and the PIC and VO can

determine if and when it is safe for the sUAS to return to the home location.

During flights, the PIC and the VO will be standing next to each other, in oral communication at all times at the ground station. The VO will observe the telemetry data on the

l aptop and will monitor the images from the camera from the laptop. The VO will direct the PIC if she wishes to capture a different angle on the camera. The Go Pro Hero 4 Black camera will be filming or taking still images at intervals during the entirety o f the flight and is not controlled independently from the ground station, other than by the movement of the sUAS.

Flights will be limited to 18 minutes, which is 75% of the total battery life of the DJI Phantom 2. Once the sUAS has landed, the PIC will co nduct a post

- flight checklist as set out in Appendix D of the Operations Manual.

IV. Privacy

There is little concern that the proposed flights will cause invasions of privacy because all flights will occur over rural property with the property owner’s prior knowledge and consent. The only people and/or property to be filmed will have requested and hired Owlcam for the express purpose of filming and photographing the people and/or property with the sUAS.

No attempt will be made to identify any individuals fi lmed or photographed during the9

flights who have not consented to be filmed or photographed, except in cases where they are trespassing upon or damaging customer property, or interfering with the applicant ’s or its customers’ operations

V. Aircraft and Equiv alent Level of Safety

Owlcam proposes that the exemption requested herein apply to civil aircraft that have the characteristics and that operate with the limitations listed herein. These limitations provide for at least an equivalent or higher level of s afety to operations under the current regulatory structure.

These limitations and conditions to which Owlcam agrees to be bound when conducting commercial operations under an FAA issued exemption include:

1. The sUAS will weigh significantly less than fifty (50) lbs. The DJI Phantom 2 weighs 2.9

lbs. , inclusive of battery and payload.

2. Flights will be operated wit hin line of sight of a pilot and VO

.

3. Maximum total flight time for each operational flight will be 75% of battery life. Flights will

be terminate d once the battery reaches a 25% level. This data will be available through telemetry data submitted to the transmitter and monitor.

4. The sUAS will remain clear and yield the right of way to all other manned operations and

activities at all times.

5. Flights will be operated at an altitude of no more than 400 feet AGL. Despite this limitation, the majority of flights are anticipated to operate at no more than 100 feet AGL.

6. Minimum crew for each operation will consist of the sUAS PIC and VO

.

7. A briefing will be conducted in regard to the planned sUAS operations prior to each day’s activities. It will be mandatory that all personnel who will be performing duties in connection with the operations be present for this briefing.

8. The operator will obtain a FAA UAS Civil COA prior to conducting any operations under this grant of exemption.

9. The operator will request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the operation.

10. At least three days before scheduled fi lming, the operator of the sUAS will submit a written Plan of Activities to the local FSDO with jurisdiction over the area of proposed filming.

11. The PIC is a certified commercial and instrument

- rated helicopter pilot with more than 5,500 hours of flight ti me, and has a second class medical certificate. Copies of the certification

and license are submitted under seal as Appendix A to Exhibit 1.

12. The PIC and VO have practiced the DJI Phantom 2 for approximately 60 minutes a day,10

every day, for 90 days, transl ating to 90 hours of flight on this mod el. Practice flights have been in a variety of weather conditions, including in winds up to 15 knots and on overcast days. Practice flights have also included using the DJI Phantom 2’s emergency return

- to

home feature s.

13. The P IC and VO will at all times be able to communicate by voice and be stationed next to each other at the ground station.

14. Written and/or oral permission from the landowner or a uthorized agent, of the land over which the sUAS will be flying.

15. All required p ermissions and permits will be obtained from territorial, state, county or city jurisdictions, including local law enforcement, fire, or other appropriate governmental agencies.

16. The sUAS will have the capability to abort a flight in case of unexpected ob stacles or emergencies. The PIC and VO have practiced the emergency failsafe procedures, as

described above on pages 6

- 7.

17. If the multirotor and its controller disconnects during flight, the system’s failsafe protection

will come to the rescue and the mult irotor will return to home and land automatically, rather than flying off uncontrollably or landing at an unknown location

. For more information on the failsafe procedures, please refer to Exhibits 1

- 5 . This condition is similar to one granted in Exemption No. 11138, attached to this petition as Exhibit 8.

18. Because the PIC is a licensed commercial helicopter pilot, he has been subject to the security screening by the Department of Homeland Security. Additionally, the sUAS that will be used, a DJI Phantom 2, weighs no more than 2.9 lbs., inclusive of battery and payload. Approval of commercial flights as outlined in this petition present no national security issue.

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012

-- size, weight, speed, operating capabilities, proximity to airports and populated areas 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 a pplicant’s sUAS pursuant to Owlcam ’s rules of operation appended hereto.

VI. Public Interest and Safety

Use of the sUAS will increase ground safety by eliminating the need to have a manned,

aircraft take the videos or photographs. As the FAA recognized in t he Douglas Trudeau, Realtor® Exemption, No. 11138:

“Manned aircraft conducting aerial filming and photography can weigh 5,000 lbs. or more,

are operated by an onboard pilot and may carry other onboard crewmembers, as well as 100 gallons or more of fuel. The petitioner’s [sUAS] weighs less than 3 lbs. The pilot and crew will be remotely located from the aircraft. The limited weight reduces the potential for harm to persons or damage to property in the event of an incident or accident. The risk

of an onboar d pilot and crew during an incident or accident is eliminated with the use of a11

[sUAS] for the proposed operation.” Exhibit 10 at 11

- 12.

As in the cited exemption, Owlcam will use a member of the DJI Phantom family, the DJI Phantom 2. This sUAS also weigh s 2.9 lbs., inclusive of battery and payload.

During Owlcam’s operations, the PIC and VO will similarly be safely on the ground, directing the DJI Phantom 2 at altitudes no higher than 400 feet AGL. Owlcam will not fly over congested or densely populated locations, and will work with l ocal FSDO when planning operations. Owlcam’s flight crew will make a safety assessment prior to each operation, and will only operate when there are no undue risks.

The small weight, 2.9 lbs., is less than the size envisione d in Section 334(c)(2)(C) of the FAA Modernization and Reform Act of 2012, which allows government agencies “to operate unmanned aircraft weighing 4.4 pounds or less, if operated

– (i) within the line of sight of the operator; (ii) less than 400 feet above the grou nd; (iii) during daylight conditions; (iv) within Class G airspace; and (v) outside of 5 statute miles from any airport, heliport, seaplane base, spaceport, or other

location with aviation activities.”

Congress’s determination that government agencies should be allowed to operate such aircraft in these situations, with no further restrictions on location, population density, or pilot experience and training, indicates that Congress did not believe that aircraft of this size and weight

warranted additional attention.

The PIC for Owlcam is a professional commercial helicopter pilot, who flies both an A

Star helicopter and an EC

- 130 helicopter . The A

- Star’s maximum gross weight is 4,960 pounds,

and the EC

- 130’s maximum gross weight is 5,350 pounds. As the FAA recognized in Exemption No. 1162, manned aircraft of this size can pose a much greater threat to its occupants as well as to individuals on the ground. Additionally, a much greater space will be necessary for takeoff, landing, and operations than would be necessary for the 2.9 lbs. sUAS that Owlcam requests an exemption to use and may render filming an area impossible, due to the rural areas Owlcam wishes to operate in, and the low height footage Owlcam wishes to shoot.

VII. Regulations from Which Exemption is Requested

A. 14 C.F.R. 21(h): Airworthiness Certificates

Owlcam requests an exemption from 14 C.F.R. 21(h). This exemption meets the requirements for an equivalent level of safety pursuant to Section 333 based on the small size, light weight, relatively slow speed, and u se in controlled environments on private land, as described previously in this petition. In Exemption No. 11138, the FAA stated that the Secretary of Transportation has determined that a member of the DJI Phantom 2 family, the Phantom 2 Vision+

meets the s tatutory conditions of Section 333, considering the size, weight, speed, and limited operating area associated with the aircraft and its operation. See Exhibit 10 at 11.

Equivalent level of safety : Owlcam’s proposed exemption meets the requirements for an12

equivalent level of safety of this section , pursuant to Section 333, based on the following factors:

 Small s ize: the DJI Phantom 2 has a diagonal length o f 350 millimeters, 13.77

inches.

 Light weight: 2.9 lbs.

 Relatively slow speed: the PIC will limit the sUAS’s speed to 20 knots (23 miles per hour)

.

 Operational capacity: currently, the DJI Phantom 2 can operate for 25 minutes. Flights will be terminated when 25% of the battery life remains. The DJI Phantom 2 can travel no more than 1,000 meters, 3280.84 f eet, from the receiver.

 Proximity to airports: Owlcam will only operate in Class G airspace , and will notify ATC and the local FSDO prior to operations, as described previously.

 Proximity to populated areas Owlcam will avoid the yellow congested areas in t he

Hawai’ i Sectional Aeronautical Charts, and work with the local Flight Standards District Offices to determine which areas to avoid during flights. Local FSDO may carve out areas indicated as yellow in the sectional chart and allow Owlcam to fly in these specifically designa ted carve

- out areas.

 Operation within visual line of sight: The PIC will always fly the sUAS within its line of sight.

 Location : Owlcam will operate in rural, remote areas, with low population density, on the Hawai’ian Islands to take photographs and video.

 Altitude: no more than 400 feet AGL, but the majority of flights are anticipat ed at

no more than 100 feet AGL.

 Restricted are a in which the sUAS will be operated: as described above, prior to the day of filming, the flight crew will visit with neighbors to inform them of the filming over the consenting landowner’s property

. During filming, which will occur in rural areas, the fl ight crew will set out cones to mark the “home area” for the
sUAS, and will monitor the area to make sure no one comes into the flight area. Should any nonparticipating individual enter the flight area, operations will immediately cease. See Exhibit 10 at 19.

 Substantial experience of the PIC: the PIC has a commercial rotorcraft license with an IFR rating, with 6,100 hours of flight time in manned aircraft.

B. 14 C.F.R. 43.7: Persons authorized to approve aircraft, airframes, aircraft engines, propellers, app liances, or component parts for return to service after maintenance, preventive maintenance, rebuilding, or alteration.

Owlcam requests an exemption from 14 C.F.R. 43.7. This part provides, inter alia, that the holder of a mechanic certificate or a repair station certificate may approve an aircraft, airframe, aircraft engine, propeller, appliance, or component part for return to service. As described previously, Owlcam’s flight crew will be capable to repair and maintain the DJI Phantom 2 to meet an equiva lent level of safety of this section.

Equivalent level of safety : The nature of the sUAS is that of a model aircraft, and the operators of Owlcam who will maintain and when necessary repair the sUAS will conduct inspections and maintenance based on mainte nance guidelines provided by the manufacturer of the sUAS, DJI. See Exhibits 1

- 5 . The capabilities of these operators to maintain and repair the sUAS will be listed in the operator’s manual and meet the requirements for an equivalent level of13

safety pursua nt to Section 333 for the type of sUAS, its intended use, and the rural operating

environment.

C. 14 C.F.R. 43.11: Content, form, and disposition of records for inspections conducted under parts 91 and 125 and §§135.411(a)(1) and 135.419 of this chapter.

O wlcam requests an exemption from 14 C.F.R. 43.11. This part provides, inter alia, that

m aintenance record entries be maintained and for the listing of discrepancies and placards by inspectors. The sUAS, due to its small size, does not have room for placard s to be placed in or on it and no inspections for sUAS have been certif ied by FAA at the present time.

Equivalent level of safety : Owlcam will keep log books of all maintenance and repairs at the ground station, as envisioned in the FAA Memorandum subject , “Interpretation regarding whether certain required documents may be kept at an unmanned aircraft’s con trol station, ” dated August 8, 2014. See Exhibit 8

. This request provides an equivalent level of safety as 14 C.F.R.

43.11 because the documentation wil l be at the ground station with the PIC, where it will be useable in case of an emergency, rather than with the sUAS which could be up to 1,000 meters from the operator.

D. 14 C.F.R. 45.11: Marking of products.

Owlcam requests an exemption from 14 C.F.R. 45 .11. This part provides, inter alia, that the manufacturers of aircraft, engines, propellers, mark such aircraft, engines, or propellers with an approved fireproof identification plate. The sUAS, due to its small size, does not have room for fireproof plac ards to be placed in it. Any required placards could become hazardous, due to the additional weight and strain placed on the sUAS. Any additional weight or placards on the 2.9 lbs. sUAS could create a risk, due to the very smal l size and nature of the DJI Phantom 2.

Equivalent level of safety : Owlcam’s PIC and VO will keep information related to the DJI Phantom 2, including the user manual, at the ground control station and affix its N

- Number, once obtained from the FAA Registration Office, on the “arms” o f the sUAS as large as practicably possible. This exemption provides an equivalent level of safety to 14 C.F.R. 45.11 because the

relevant documentation containing the serial number will be at the ground station with the PIC, where it will be useable in case of an emergency, rather th an with the sUAS. In addition, the fuselage is marked with “ DJI

, ” the manufacturer of the sUAS.

E. 14 C.F.R. 45.27: Location of marks; nonfixed

- wing aircraft

Owlcam requests an exe mption from 14 C.F.R. 45.27. This part provides, inter alia, that each operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks required by §45.23. The sUAS, due to its small siz e, does not have a cabin, fuselage, boom or tail to display the marks required by §45.23.

Equivalent level of safety : Once Owlcam receives its N

- Number, it will display these marks on the “arms” of the aircraft as large as practicably possible. This exemp tion provides an equivalent level of safety to 14 C.F.R. 45.27 because the sUAS will be registered with the FAA Aircraft Registration Branch. In the event of incident, the sUAS will be traceable to Owlcam.14

F. 14 C.F.R. 45.29: Size of marks

Owlcam requests an exemption from 14 C.F.R. 45.27. This part provides, inter alia, at subpart (3) that the registration marks for rotorcraft must be at least 12 inches high. The sUAS, due to its small size, does not have any surface area large enough to display mark s anyw here near 12 inches high.

Equivalent level of safety : Owlcam will affix its registration number as large as practicably possible on its “arms” once it obtains the N

- Number. This exemption provides an equivalent level of safety to 14 C.F.R. 45.29 because t he sUAS will be registered with the FAA Aircraft Registration Branch. In the event of incident, the sUAS will be traceable to Owlcam.

G. 14 C.F.R. 91.7(a): Civil aircraft airworthiness.

The FAA has previously stated that no exemption is required for a memb er of the DJI Phantom 2 family. Exhibit 8 at 17. Owlcam requests the same determination to be made for its DJI

Phantom 2

.

Alternatively, Owlcam requests an exemption from 14 C.F.R. 91.7(a). The regulation requires that no person may operate a civil aircr aft unless it is in airworthy condition. As there will be no airworthiness certificate issued for the aircraft should this exemption be granted, no standard

will exis t for determining airworthiness

.

Equivalent level of safety : Owlcam will keep the DJI Ph antom 2’s maintenance and safety information at the ground station, where it will be readily accessible to the PIC and VO before, during, and after operations. This exemption provides an equivalent level of safety as 14 C.F.R. 91.7(a) because the PI C will be able to make the determination of whether the sUAS is in an airworthy mechanical and electrical condition, in accordance with 14 C.F.R. 91.7(b).

H. 14 C.F.R. 91.9(b)(2): Civil aircraft flight manual, marking, and placard requirements.

The FAA has previou sly stated that no exemption is required for a member of the DJI Phantom 2 family. Exhibit 10 at 17. Owlcam requests the same determination to be made for its

DJI Phantom 2.

Alternatively, Owlcam requests an exemption from 14 C.F.R. 91.9(b)(2). This part provides:

"(b) No person may operate a U.S.

- registered civil aircraft...

(2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of this chapter, unless there is available in the aircraft a current approved Airplane or

Rotorcraft Flight Manual, approved manual material, markings, and placards, or any combination thereof."

First, there does not currently exist a method of approving manuals for sUAS. Second, given the size and configuration of the sUAS, there is no space to carry s uch a flight manual on15

the aircraft. In addition, carrying the manual on the aircraft would be pointless, since there is no pilot or other person on board who could read or use it. On August 8, 2014, the FAA issued a memorandum entitled “Interpretation re garding whether certain required documents may be kept at an unmanned aircraft’s control station.” This document stated, in part “maintaining these documents at the pilot’s control station would meet the intent of the rule as the pilot would be able

to pro duce the documents for his or her own information or to an FAA inspector.” See Exhibit 9

.

Equivalent level of safety : Owlcam will keep its flight manual at the ground station, where

bo th the PIC and VO can access it. An equivalent level of safety to 14 C. F.R. 91.9(b)(2) is provided

because the intent of this rule

– the pilot having access to this material during flight

– is met.

I. 14 C.F.R. 91.9(c): Civil aircraft flight manual, marking, and placard requirements.

Owlcam requests an exemption from 14 C.F.R. 91.9(c). This part provides: "(c) No person may operate a U.S.

- registered civil aircraft unless that aircraft is identified in accordance with part 45 of this chapter."

As stated above, Owlcam will obtain an N

- Number from the FAA Registration Office and the sUAS, due to its small size, does not have room to contain fireproof placard or to display

aircraft marks in a conventional size. However, once Owlcam obtains an N

- N umber, it will place

the number on the “arms” of the aircraft as large as practicably p ossible.

Equivalent level of safety : Owlcam will obtain its N

- Number from the FAA Registration Office and affix it to the “arms” of the aircraft as large as practicably possible. An equivalent level of safety to 14 C.F.R. 91.9(c) is met because the sUAS w ill be registered with the FAA and

identifiable in the event of an incident.

J. 14 C.F.R. 91.103(b)(2): Preflight action.

Owlcam requests an exemption from 14 C.F.R. 91.103(b)(2) to the extent that is applicable

. This part provides:

"Each pilot in comma nd shall, before beginning a flight, become familiar with all available information concerning that flight. This information must include

— ... (b) For any flight, runway lengths at airports of intended use, and the following takeoff and landing distance inf

ormation: ... (2) For civil aircraft other than those specified in paragraph (b)(1) of this section, other reliable information appropriate to the aircraft, relating to aircraft performance under expected values of airport elevation and runway slope, aircraf t gross weight, and wind and temperature."

Owlcam ’s PIC in fact will, before beginning a flight, become familiar with all available information concerning that flight , including the aircraft performance under expected elevations, the gross weight of the aircraft (which will be no more than 2.9 lbs.), and the wind and temperature

. A s the flights of the sUAS will not be at airports the information required of Part 91.103(b)(2) does not apply.

Equivalent level of safety : Owlcam shall perform preflight opera tions as outlined previously in this petition, and flights will not be at airports. An equivalent level of safety to 1416

C.F.R. 91.103(b)(2) will be met because the PIC will become familiar with the conditions prior to the flight, including the aircraft per formance under expected elevations, the gross weight of the aircraft (which will be no more than 2.9 lbs), and the wind and temperature.

K. 14 C.F.R. 91.105: Flight crewmembers at stations.

Owlcam requests an exemption from 14 C.F.R. 91.105 since this part is not applicable due to the sUAS carrying no flight crewmembers.

Equivalent level of safety : Owlcam will not operate the aircraft unless someone is at the controls at all times, and each flight will be manual ly flown , with the exception of the DJI Phant om 2’s automated safety features. This will provide an equivalent level of safety to 14 C.F.R. 91.105

because the flight crew will be at their stations at all times during the flight. The stations will not be on the aircraft but on the ground.

L. 14 C.F.R. 9 1.113(b): Right

- of

- way rules: Except water operations.

Owlcam requests an exemption from 14 C.F.R. 113(b) to the extent that it applies to overhead aircraft operating at or above 500 feet AGL as the sUAS will be operating no higher than

400 feet AGL. This part provides:

“(b): General. When weather conditions permit, regardless of whether an operation is conducted under instrument flight rules or visual flight rules, vigilance shall be maintained by each person operating an aircraft so as to see and avoid other aircraft. When a rule of this section gives another aircraft the right

- of

- way, the pilot shall give way to that aircraft and may not pass over, under, or ahead of it unless well

clear."

For example, if another aircraft is operating overhead at 10,00 0 feet AGL there is no danger posed to that other aircraft if the sUAS is operating under it or ahead of it at or beneath 400 feet AGL. Despite this, should another aircraft enter the area in which Owlcam is operation, because the flight will be within his line of sight, the PIC will be able to give right of way to that aircraft.

Equivalent level of safety : Owlcam will operate its sUAS to see and avoid and give way to other aircraft that should enter airspace at or below 400 feet AGL, and will give right

- o f

- way to
manned aircraft. All flights will be in class G airspace and the majority of flights will be at no more than 100 feet AGL, which will create a very slim chance that Owlcam’s operations will interfere with a manned aircraft’s flight. This will prov ide an equivalent level of safety to 14 C.F.R. 91.113(b) because the sUAS has significantly greater mobility than a much larger, manned aircraft. As a result, the PIC will be able to react and respond much more quickly than the other pilot.

M. 14 C.F.R. 91.1 19 (c): Minimum safe altitudes: General.

Owlcam requests an exemption fr om 14 C.F.R. 91.119 subpart (c). This regulation provides:

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

be low the following altitudes

...17

(c) 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.”

Owlcam will not operate the sUA S any higher than 400 feet AGL.

Equivalent level of safety : Owlcam will operate the sUAS no higher than 400 feet AGL, and it is anticipated that the majority of operations will be no higher than 100 feet AGL. Owlcam will not operate in con gested areas, and will work with the local FSDO when planning operations. Owlcam’s flight crew will make a safety assessment prior to each operation, and only operate after it determines that there is no undue hazard present. Exhibit 8 at 19.

The 400 feet AGL maximum will provide an equivalent level of safety to 14 C.F.R. 91.119(c) because, since 1981 with AC 91

- 57, this height has been an operating standard for model aircraft. Additionally, in Section 334(c)(2)(C), Congress determined that sUAS operated b y public agencies flying sUAS the size of and larger than Owlcam’s DJI Phantom 2 could fly up to 400 feet

AGL

.

N. 14 C.F.R. 91.121: Altimeter Settings

Owlcam requests an exemption from 14 C.F.R. 91.121. This Part provides guidelines for

altimeter use in maintaining the cruising altitude or flight level of the aircraft. Owlcam is not requesting a general exempti on from the requirement that its sUAS have an Altimeter. The DJI Phantom 2’s flight controller will hav e an internal measurement unit (“IMU”). The IMU has a

built

- in internal sensor and a barometric altimeter that measures both attitude and altitude . See Exhibit 1, Appendix B, page 5. Rather, Owlcam req uests an exemption from the requirem ent to
set its altimeter to a station along the route , of out of an airport , because the DJI Phantom 2 is not traveling point

- to

- point an d is limited in the dist ance it can travel from the PIC. Additionally, Owlcam will not be flying into or out of an airport.

Equivalent level of safety : The requested exemption provides an equivale nt level of safety to 14 C.F.R 91.121 because Owlcam will not operate the sUAS above 400 feet AGL in a sustained cruising flight mode such as a manned aircraft will typically fly. The PIC will at all times be controlling the maximum height of the sUAS thro ugh the telemetry features of the DJI controller. Additionally, the sUAS will be operated within the line of sight of the PIC. The FAA has previous ly granted this exemption for similar proposed operations. See Exhibit 10.

O. 14 C.F.R. 91.151: Fuel requiremen ts for flight in VFR conditions.

The sUAS Owlcam will fly is powered by electricity, using lithium polymer batteries that currently have a flight limit of approximately no more than 25 minutes. (See Exhibits 1 and 10). Therefore, due to the limitations of the batteries, it is currently impossible to comply with Part 91.151. However, the sUAS will be operated in a manner with at least the equivalent level of safety as that of a manned aircraft complying with Part 91.151.

Operation of an sUAS with less than 30 minutes of reserve fuel does not engender the type of risks that Section 91.151(a) was intended to alleviate. During the entire flight, the PIC will always have a visual line of sight of the sUAS and the VO will be monitoring the battery life via18

the telemetry display on the laptop at the ground station. The sUAS will always have enough power to land safely, given the minimum level of rese rve capacity of the batteries.

Owlcam will limit flights to 75% of battery capacity. With the battery Owlcam curre ntly

uses, the 75% point occurs at 18 minutes, leaving 7 minutes for the sUAS to reach the planned landing zone. This amount of time will be more than sufficient for the PIC to safely return to and

land in the “home area.” As battery power increases, the n umber of minutes the sUAS can operate before reaching the 75% mark will also increase. As new batteries are obtained and put into use, Owlcam will continue to terminate flights after 75% of battery power has been used.

Applicant believes that an exemption from 14 CFR §91.151(a) is consistent with the scope of similar exemptions already granted to other operation s. Exhibit 10.

Equivalent level of safety : Owlcam will limit flights 75% of battery power. The proposed exemption meets an equivalent level of safety to 14 C.F.R. 91.151 because, given the limitations

on Owlcam’s proposed operations and the location of those operations, a reduced minimum power reserve for flight in daylight VFR conditions is reasonable.

P. 14 C.F.R. 91.203(a) and (b): Civ il aircraft: Certifications required.

The FAA has previously determined that exemption from 14 C.F.R. 91.203(a) and (b) is not necessary. See Exhibit 10 at 17.

Alternatively, Owlcam requests an exemption from 14 C.F.R. 91.203(a) and (b). This section pro vides in part:

“(a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the following:

(1) An appropriate and current airworthiness certificate...

(2) An effective U.S. registration certificate issued to its own er...

(b) No person may operate a civil aircraft unless the airworthiness certificate required by paragraph (a) of this section or a special flight authorization issued under § 91.715 is displayed at the cabin or cockpit entrance so that it is legible to

pa ssengers or crew.”

First, there are currently no procedures in effect for providing airworthiness certificates for

sUAS. However, as a condition to the approval of exemption, Owlcam will display its N

- N umber, once received, on the sUAS, and the operator w ill have, at the ground station, the user manual for

the DJI Phantom 2.

Second, the sUAS Owlcam will use the DJI Phantom 2, which has an equivalent level of safety as a manned aircraft with an airworthiness certificate. Please refer to Exh ibit 10, Exem ption No. 11138, as O wlcam ’ s DJI Phantom 2 is in the same sUAS family as the DJI Phantom 2 Vision+, which was the subject of that exemption. This sUAS provides a number of saf ety features, including the automatic return to home failsafe discussed in detail above.19

Because of the use of GPS with the sUAS, the operator will set the initial location of flight

takeoff ("home position") and if the radio control link is broken, the a utopilot system will recognize this broken control link and cause the sUAS to automatically return to the home position as recorded by the GPS instrumentation. Exhibits 1

- 7 . Additionally, because the sUAS team will

mark off an area with traffic cones that has a 20 ft. radius, approximately 30 ft. from the operators that will be used as the “home position” for the sUAS to return, no one will be standing in the way of the path.

These safety enhancements provide a greater degree of safety to the public and pr operty owners than conventional operations conducted with airworthiness certificates issued under Subpart H. Application of these same criteria demonstrates that there is no credible threat to national security posed by the UAS, due to its size, speed of o peration, location of operation, lack of explosive materials or flammable liquid fuels, and inability to carry a substantial payload.

In the restricted environment and under the conditions proposed, operation of the sUAS

will be at least as safe as a con ventional aircraft (fixed wing or rotorcraft) operating with an airworthiness certificate but without the restrictions and conditions proposed. Owlcam will not accept assignments from clients that would take place in Class B, C, D, or E airspace. Owlcam

wi ll avoid flying over congested and populated areas and will work with local FSDO to avoid these areas when planning operations.

Equivalent level of safety : The sUAS to be operated hereunder is 2.9 lbs. inclusive of batteries and technical payload, carries neither a pilot nor passengers, and carries no explosive materials or flammable liquid fuels. The sUASs operating under this exemption will be tightly controlled and monitored by the operator and the observer, and in compliance with local public safety re quirements, to provide security for the area of operation. The FAA will have advance notice of all operations because Owlcam will notify both ATC and the local FSDO prior to operations, as described previously in this petition. Granting the proposed exempt ion will achieve an equivalent level of safety to 14 C.F.R. 91.203(a) and (b) because of the small size of the sUAS and the operational limits set out above.

Q. 14 C.F.R. 91.215: ATC Transponder and Altitude Reporting Equipment and Use

This section requir es that installed Air Traffic Control (ATC) transponder equipment must meet specific performance and environmental requirements, and aircraft must be equipped with an operable coded radar beacon transponder.

There are presently no known commercially avail able ATC transponders that meet the payload requirements of a sUAS and are available at reasonable cost. However, because the sUASs used by Owlcam will not be flying into or near airports, and will fly no higher than 400 feet AGL, there is very low risk of collision with any manned aircraft. In addition, because there will be no need to have contemporaneous communication with ATC Control, due to the short distances, short flight times, and restricted altitude the sUASs will operate within, Owlcam requests a n exemption from this section. Additionally, the sUAS is too small to contain ATC transponder equipment in any form factor that is known to be available commercially.

Equivalent level of safety : An equivalent level of safety to 14 C.F.R. 91.215 will be m et
because Owlcam will not fly its sUAS into or near airports, and all operations will be below 40020

feet AGL, so there is very low risk of collision with any manned aircraft. Owlcam will contact local ATC before operations to issue a NOTAM, and the local F SDO with its flight plan, as described previously in this petition. Owlcam also give right of way to any manned aircraft that do appear.

R. 14 C.F.R. 91.403: General

This section requires that the owner or operator of an aircraft is primarily responsible for maintaining that aircraft in an airworthy condition. Owlcam will adhere to this requirement. However, this Section also limits maintenance to that “prescribed in this subpart and other applicable regulations, including part 43 of this chapter.” Because of this limitation, and because of the exemptions under Part 43 requested above, Owlcam requests an exemption from this

Section.

This exemption meets the requirements for an equivalent level of safety pursuant to Section 333 based on the small size, light w eight, relatively slow speed, and use in controlled rural environments on private, secured land, as described previously in this petition.

Equivalent level of safety : To achieve an equivalent level of safety to 14 C.F.R. 91.403,

Owlcam will maintain its s UAS in an airworthy condition and adhere to all manufacturer requirements for inspecting and maintaining the DJI Phantom 2. Owlcam will keep records of maintenance to the sUAS, and these records will be available to the PIC and VO before, during,

and after operations of the sUAS.

S. 14 C.F.R. 91.405 (a) and (d): Maintenance Required

This section requires that aircraft be inspected as pr e scribed by Section E, 14 C.F.R. §§91.401

- 91.421. As shown below, Owlcam is applying for an exemption for these sections, du e to the fact that its operators will inspect the sUAS prior to each flight and keep maintenance records of all parts that are replaced , in accordance with DJI’s instructions . Because the Sections discussed below are concerned with manned aircraft, and as such have inspection requirements designed for the safety of passengers, they are inapplicable to Owlcam

.

Owlcam is also applying for an exemption to subpart (d) of this section, which requires a placard to be installed and references §43.11. As noted pre viously, Owlcam requests an exemption to the placard requirement, because, due to the small size of the sUAS, there i s no room to place the placard.

Despite the requested exemption from subparts (a) and (d) of this section, Owlcam will follow subparts (b) and (c) of this subpart.

Equivalent level of safety : To achieve an equivalent level of safety to 14 C.F.R. 91.405(a) and (b), Owlcam will keep logbooks detailing all maintenance and repairs to the sUAS. The logbooks will be available to the PIC and VO be fore, during, and after sUAS operation. Prior to conducting post

- maintenance operations, the flight crew will conduct a test flight to ensure that the sUAS functions properly. The FAA has previously determined that following the manufacturer’s requirements for maintenance, inspection, and record keeping are sufficient to ensure that safety is not adversely affected. Exhibit 10 at 13.21

T. 14 C.F.R. 91.407: Operation after maintenance, preventive maintenance, rebuilding,

or alteration

This section requires that any aircraft which “has undergone maintenance, preventative maintenance, rebuilding, or alteration unless . . . [i]t has been approved for return to service by a person authorized under § 43.7 of this chapter . . ..”

However, Owlcam has requested an exe mption from §§ 43.7 and 43.11 as described previously. The capability of the operators to maintain and repair the sUAS meets the requirements for an equivalent level of safety pursuant to Section 333 for both the type of sUAS, its intended use, and the rur al operating environment. Additionally, due to the small size of the sUAS, there is no room to place inspection placards.

Therefore, because Owlcam has requested an exemption from 43.7 and 43.11, Owlcam respectfully requests an exemption from 91.407. The PIC, who holds a commercial pilot’s certificate, will conduct maintenance on the sUAS and keep logs of the battery cycle and repairs needed on the body or the propellers of the DJI Phantom 2.

Equivalent level of safety : The proposed exempti on will meet an equivalent level of safety

to 14 C.F.R. 91.407 because Owlcam will regularly inspect and maintain its sUASs in accordance with the DJI operator manual, and keep detailed inspection and maintenance records that will be

available to the PIC a nd VO before, during, and after operations. Prior to conducting post

maintenance operations, Owlcam will conduct a test flight to ensure that the sUAS functions properly.

U. 14 C.F.R. 91.409: Inspections

This section lays out specific requirements for inspe ctions of aircraft. Owlcam respectfully requests an exemption from these requirements because they are intended to maintain the safety of manned aircraft significantly larger and capable of significantly longer flights than is sUAS

. Ow lcam’s pre

- flight and post

- flight inspections meet or exceed the level of safety achieved by

adherence to 14 C.F.R. 91.409.

Equivalent level of safety : As discussed above and in Appendix D, Owlcam has an inspection procedure that provides an equivalent level of safety to 14 C .F.R. 91.409. Before and after each flight, the flight crew will conduct an inspection of the sUAS as described previously.

V. 14 C.F.R. 91.417: Maintenance records

Owlcam respectfully requests an exemption from this Section, as it is only applicable for

a ircraft with an airworthiness certificate. Because Owlcam will not have an airworthiness

certificate , this Section is inapplicable.

Equivalent level of safety : The requested exemption will meet an equivalent level of safety to 14 C.F.R. 91.417 because Owl cam will keep detailed maintenance records on every part as it is replaced, including but not limited to propellers, batteries, and electrical components. The

detailed maintenance records will be accessible to the PIC and the VO before , during, and after

o perations.