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 granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the 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 petitioner 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. 
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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, and limited operating area associated with the 

aircraft and its operation, the Secretary of Transportation has determined 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 material respects to those presented in your petition. 

In Grants of Exemption Nos. 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 specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest. 

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

 They are similar in all material respects to relief previously requested 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 situation you present; and 

 A grant of exemption is in the public interest. 

Our Decision 

In consideration of the foregoing, I find that a grant 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) and (2), and 91.417(a) and (b), to the 
3 

extent necessary to allow the petitioner to operate 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 and 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 restriction. 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 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 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 PIC 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 permitted during flight operations. The PIC 

must be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure 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 the 
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Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 

the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised 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 which the FAA granted this exemption, then 

the operator must petition for an amendment 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 affect the UAS operation 

or flight characteristics, e.g., replacement of a flight critical component, must undergo 

a functional test flight prior to conducting further operations 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 functional 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. The 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 manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components. 

12. Each UAS operated under this exemption must comply with all manufacturer 

safety bulletins. 

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot 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 flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate. 
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14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles 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 experience-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 during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants 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 meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized. 

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility 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 airport 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 private or controlled-access property. 

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

20. The PIC is prohibited from beginning a flight 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 for at least five minutes or with the reserve 

power recommended by the manufacturer if greater. 

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance 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 under the terms of the attached COA. 
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22. All aircraft operated in accordance 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 the 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 way 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 protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator must 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 in a manner ensuring the safety 

of nonparticipating persons; and 

b. The owner/controller of any vessels, vehicles or structures 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 essential persons are not considered 

nonparticipating persons under this exemption. 

27. All operations shall 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 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 Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov. 
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If this exemption permits operations for the 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 over the area of proposed filming. The 3-day 

notification may be waived with 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 responsible for the on-scene operation of 

the UAS; 

d. Make, model, and serial or N−Number of UAS to be used; 

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

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

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request; 

g. Signature of exemption holder or representative; and 

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation. 

31. Flight operations may be conducted closer than 500 feet from participating 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 all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91. 

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

Sincerely, 

/s/ 

John S. Duncan 

Director, Flight Standards Service 
1

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 

photograph 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 outlined 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 photography 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 proposed 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 operations. 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 proximity 

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, 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. 

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, 

Owlcam 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 hesitate to contact us at 312-201-8310 or via email at Jeffrey@AntonelliLaw.com. 

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Atto 

Of Counsel 

Mark C. Del Bianco 

3929 Washington Street 

Kensington, MD 20895 

Tel: 301.933.7216 

Cell: 301.602.5892 

mark@markdelbianco.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 ................................................................................ 21
4

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 operations 

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.com
6

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 (“Owlcam) 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 

attitude and altitude, compass, GPS, and radio receiver (Rx).

Transmitter (Tx): Futaba T14SG

Receiver (Rx): Internal to DJI Phantom 2

Data Link: 2.4G Data Link

Video Link: DJI AVL 58

Gimbal: H3-3D Zenmuse Gimbal for GoPro Hero

Camera: Go Pro Hero 4 Black

Batteries: 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. Flight Conditions

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 at 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 determined 

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 hours 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 which 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 doors, 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 will 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. 

Exhibit 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 operational 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 link and cause the sUAS to automatically return to the home area 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 power 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 real time.

The PIC will then conduct 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 area and land, in order to reduce injuries or damage. If any of the following 
8

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

 The remote control is powered off;

 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 information 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 restricted 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 

laptop 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 of 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 conduct 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 filmed or photographed during the 
9

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 Equivalent 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 safety 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 within 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 terminated 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 filming, 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 time, 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, translating to 90 hours of flight on this model. 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-tohome features.

13. The PIC 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 authorized agent, of the land over 

which the sUAS will be flying.

15. All required permissions 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 obstacles 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 multirotor 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 applicant’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 the 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 onboard pilot and crew during an incident or accident is eliminated with the use of a 
11

[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 weighs 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 local 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 envisioned 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 ground;

(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 AStar 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 use 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 statutory 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 an
12

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

 Small size: the DJI Phantom 2 has a diagonal length of 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 feet, 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 the 

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 designated 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 anticipated at 

no more than 100 feet AGL.

 Restricted area 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 flight 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, appliances, 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 equivalent 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 maintenance 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 of 
13

safety pursuant 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.

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

maintenance 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 placards to be placed in or on 

it and no inspections for sUAS have been certified 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 control 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 will 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 placards 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 small 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” of 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 than 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 exemption 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 size, 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 exemption 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 marks anywhere 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 the 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 member 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 aircraft 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 exist for determining airworthiness. 

Equivalent level of safety: Owlcam will keep the DJI Phantom 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 PIC 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 previously 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 such a flight manual on 
15

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 regarding 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 produce 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 

both 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-Number, it will place 

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

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 will 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 command 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 information: ... (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, aircraft 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. 

As 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 operations as outlined 

previously in this petition, and flights will not be at airports. An equivalent level of safety to 14 
16

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 performance 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 manually flown, with the exception of the DJI Phantom 

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. 91.113(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 10,000 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-of-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 provide 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. 91.119(c): Minimum safe altitudes: General.

Owlcam requests an exemption from 14 C.F.R. 91.119 subpart (c). This regulation 

provides: 

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

below 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 sUAS 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 congested 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 by 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 exemption from the requirement that its sUAS have an Altimeter. The DJI 

Phantom 2’s flight controller will have 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 requests an exemption from the requirement 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 and is limited in the distance 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 equivalent 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 through the telemetry features of the DJI controller. 

Additionally, the sUAS will be operated within the line of sight of the PIC. The FAA has 

previously granted this exemption for similar proposed operations. See Exhibit 10.

O. 14 C.F.R. 91.151: Fuel requirements 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 via 
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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 reserve capacity of the batteries.

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

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 number 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 operations. 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): Civil 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 provides 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 owner...

(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 

passengers 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-Number, 

once received, on the sUAS, and the operator will 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 Exhibit 10, Exemption 

No. 11138, as Owlcam’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 safety features, 

including the automatic return to home failsafe discussed in detail above.
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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 autopilot 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 property 

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 operation, 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 conventional 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 

will 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 requirements, 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 exemption 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 requires 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 available 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 an 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 met 

because Owlcam will not fly its sUAS into or near airports, and all operations will be below 400 
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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 FSDO 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 weight, 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 sUAS 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 prescribed by Section E, 14 C.F.R. 

§§91.401-91.421. As shown below, Owlcam is applying for an exemption for these sections, due 

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 previously, Owlcam requests an exemption 

to the placard requirement, because, due to the small size of the sUAS, there is 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 before, 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.
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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 exemption 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 rural 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 exemption 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 and VO before, during, and after operations. Prior to conducting postmaintenance 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 inspections 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. 

Owlcam’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 

aircraft 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 Owlcam 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 

operations.