Petition for Section 333 Exemption

Owyhee Air Research, Inc.

Page 1 of 17 

August 18, 2015 

U.S. Department of Transportation 

Docket Operations 

West Building Ground Floor, Room w12-140 

1200 New Jersey Ave., SE 

Washington, DC 20590 

RE: Petition for Section 333 Exemption Under FAA Modernization and Reform Act of 2012 

Petitioner : Owyhee Air Research, Inc.

Petitioner’s sUAS(s) Models : DJI Phantom 3; Aeryon SkyRanger

Petitioner’s sUAS(s) Operations : Aerial Research and Data Collection;

Aerial Wildlife Census Data Surveying; 

Aerial Fire and Hotspot Detection; and

Aerial Photographic and Video Imagery

Regulations Requiring Exemption : 14 CFR §§ 61.23(a) and (c); 

14 C.F.R. §§ 61.101(e)(4) and (5)

14 C.F.R. § 61.113(a); 

14 C.F.R. §61.315(a)

14 C.F.R. § 91.7(a); 

14 C.F.R. § 91.119(c)

14 C.F.R. §91.121; 

14 C.F.R. §91.151(a)(1)

14 C.F.R. §91.405(a); 

14 C.F.R. §91.407(a)(1)

14 C.F.R. §§ 91.409(a)(1) and (2); and 

14 C.F.R. 91.417(a) and (b)

To whom it may concern, 

On behalf of Owyhee Air Research, Inc. (hereinafter “Owyhee”), a Murphy, Idaho, corporation 

specializing in aerial research and data collection, the undersigned counsel for Owyhee hereby 

applies for Section 333 exemption pursuant to the FAA Modernization and Reform Act of 2012, 

Public Law 112-95 (P.L. 112-95), and 14 C.F.R. Part 11. 
Petition for Section 333 Exemption

Owyhee Air Research, Inc.

Page 2 of 17 

The President and owner of Owyhee, John Romero, holds an Airline Transport Pilot (ATP) 

certificate. To that end, Owyhee employs three, full time pilots and one part time pilot - all of 

whom hold either Commercial or ATP certificates and are Part 135 qualified by the FAA under 

Owyhee’s FAA part 135 certificate. Consequently, Mr. Romero and his employees understand the 

importance of safe flight operations and are acutely aware of the importance of complying with all 

Federal Aviation Regulations (F.A.R.s). As such, Owyhee, through the careful oversight and 

tutelage of Mr. Romero, will ensure that all sUAS flight operations are conducted in the safest 

possible manner. To that end, Owyhee will comply with any flight or atmospheric condition 

limitations imposed upon the commercial operation of Owyhee’s DJI Phantom 3 and Aeryon 

SkyRanger. 

This petition will address the following topics, as they relate to Owyhee’s commercial sUAS flight 

operations: the nature of Owyhee’s commercial drone operations, as well as the DJI Phantom 3

and Aeryon SkyRanger for which Owyhee seeks exemption; Owyhee’s proposed sUAS flight 

operations and conditions; privacy concerns; public interest and safety concerns; and, the above 

specified F.A.R.s requiring exemption. Under Section 333(b)(1), Owyhee’s petition will give the 

FAA good cause to issue a Certificate Of Waiver or Authorization by showing that the size, weight, 

speed, operational capacity, proximity to airports and populated areas, and operations within the 

Visual Line of Sight of the Pilot in Command and Visual Observer of Owyhee’s DJI Phantom 3

and Aeryon SkyRanger neither creates a hazard to users of the National Airspace System or public 

nor poses a threat to national security. 

Additionally, this petition will prove that Owyhee’s flight operations for the commercial usage of 

the DJI Phantom 3 and Aeryon SkyRanger provides an equivalent level of safety when compared 

to the F.A.R.s requiring exemption. To that end, this petition will highlight some of the numerous, 

granted petitions for Section 333 exemption for similar commercial operations of the DJI Phantom 

3 and Aeryon SkyRanger. 

Please refer to the “Table of Contents” beginning on page three (3) to assist your review of 

Owyhee’s petition for Section 333 exemption. If we may provide additional insight or information 

regarding Owyhee’s petition, please do not hesitate to contact The Ison Law Group at 863-712-

9475 or Christopher@thepilotlawyer.com. 

Sincerely, 

THE ISON LAW GROUP

Christopher Ison, Esq.

Enclosures 
Petition for Section 333 Exemption

Owyhee Air Research, Inc.

Page 3 of 17 

TABLE OF CONTENTS

I. Glossary of Terms ................................................................................4 

II. Publishable Summary ................................................................................5

III. Petitioner’s Contact Information ..............................................................5

IV. Owyhee Air Research, Inc., Overview .....................................................6 

V. Owyhee Air Research, Inc., sUAS Models .....................................................6 

a. The DJI Phantom 3 sUAS Overview .....................................................6

b. DJI Phantom 3 Specifications .....................................................8 

c. The Aeryon SkyRanger ..............................................................9 

d. Aeryon SkyRanger Specifications ...................................................10

VI. Flight Conditions and Operating Procedures ...................................................10

VII. Privacy .......................................................................................13 

VIII. Public Interest and Safety .....................................................................14

IX. Regulations from Which Exemption is Requested ..........................................14

a. 14 CFR §§ 61.23(a) and (c): Medical Certificates Requirement and Duration ...............14

b. 14 C.F.R. §§ 61.101(e)(4) and (5): Recreational Pilot Privileges and Limitations ...............15

c. 14 C.F.R. § 61.113(a): Private Pilot Privileges and Limitations: Pilot in Command ......15

d. 14 C.F.R. §61.315(a): What Are The Privileges and

Limits of My Sport Pilot Certificate? ...................................................15

e. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness ...................................................15

f. 14 C.F.R. § 91.119(c): Minimum Safe Altitude: General ..........................................16

g. 14 C.F.R. §91.121: Altimeter Settings ............................................................16

h. 14 C.F.R. §91.151(a)(1): Fuel Requirements For Flight In VFR Conditions ...............16

i. 14 C.F.R. §91.405(a): Maintenance Required ...................................................17

j. 14 C.F.R. §91.407(a)(1): Operation After Maintenance,

Preventative Maintenance, Rebuilding, Or Alteration ..................................17

k. 14 C.F.R. §§ 91.409(a)(1) and (2): Inspections ...................................................17

l. 14 C.F.R. 91.417(a) and (b): Maintenance Records ..........................................17 
Petition for Section 333 Exemption

Owyhee Air Research, Inc.

Page 4 of 17 

GLOSSARY OF TERMS

Aircraft: any contrivance invented, used, or designed to navigate, or fly in, the air (Title 49, United 

States Code (49 USC) § 40102). 

National Airspace System (NAS): the common network of U.S. airspace; air navigation facilities, 

equipment and services, airports or landing areas; aeronautical charts, information and services; 

rules, regulations and procedures, technical information, and manpower and material. 

Operational Control: with respect to a flight, means the exercise of authority over initiating, 

conducting or terminating a flight (14 CFR § 1.1). 

Pilot in Command (PIC): the person who has final authority and responsibility for the operation 

and safety of the flight; has been designated as PIC before or during the flight; and holds the 

appropriate category class and type-rating, if appropriate, for the conduct of the flight (14 CFR § 

1.1). 

Small Unmanned Aircraft System (sUAS): an unmanned aircraft and associated elements, 

including communication links and the components that control the unmanned aircraft, that are 

required for the pilot in command to operate safely and efficiently in the national airspace system 

(P.L. 112-95, Section 331), weighing less than 55 pounds, including payload. 

UAS Certificate of Waiver or Authorization (COA): an authorization issued by the Air Traffic 

Organization to an operator for a specific unmanned aircraft activity. 

Visual Line of Sight (VLOS): unaided (corrective lenses and/or sunglasses excepted) visual 

contact between a pilot in command and an unmanned aircraft sufficient to maintain safe 

operational control of the aircraft, know its location, and be able to scan the airspace in which it is 

operating to see and avoid other air traffic or objects aloft or on the ground. 
Petition for Section 333 Exemption

Owyhee Air Research, Inc.

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PUBLISHABLE SUMMARY

Pursuant to 14 C.F.R §11.81(f), should the FAA require a publishable summary for the Federal 

Register, Owyhee Air Research, Inc. (Owyhee), submits the following information: 

Owyhee seeks exemption from the following Federal Aviation Regulations (F.A.R.s): 

14 CFR §§ 61.23(a) and (c); 14 C.F.R. §§ 61.101(e)(4) and (5); 14 C.F.R. § 

61.113(a); 14 C.F.R. §61.315(a); 14 C.F.R. § 91.7(a); 14 C.F.R. § 91.119(c); 14 

C.F.R. §91.121; 14 C.F.R. §91.151(a)(1); 14 C.F.R. §91.405(a); 14 C.F.R. 

§91.407(a)(1); 14 C.F.R. §§ 91.409(a)(1) and (2); and 14 C.F.R. 91.417(a) and (b).

Owyhee seeks exemption from the above listed F.A.R.s for the purpose of commercially operating 

Small Unmanned Aircraft Systems (sUAS), to wit: the DJI Phantom 3 and Aeryon SkyRanger. 

Owyhee intends to commercially operate these sUAS models for aerial research and data 

collection, to include: aerial wildlife census data surveying, aerial fire and hotspot detection, and 

aerial photographic and video imagery. As such, this petition will prove that Owyhee’s flight 

operations for the commercial usage of these sUAS models provides an equivalent level of safety 

when compared to the F.A.R.s requiring exemption. 

In support of this petition, Owyhee notes that the FAA has already granted numerous exemptions 

for similar commercial operators of the DJI Phantom 3 and Aeryon SkyRanger. To that end, 

Owyhee’s petition will highlight some of the numerous, granted petitions for Section 333 

exemption for similar commercial operations of the DJI Phantom 3 and Aeryon SkyRanger. 

Under Section 333(b)(1) of the FAA Modernization and Reform Act of 2012, Owyhee’s petition 

will give the FAA good cause to issue a Certificate Of Authorization by showing that the size, 

weight, speed, operational capacity, proximity to airports and populated areas, and operations 

within the Visual Line of Sight of the Pilot in Command and Visual Observer of Owyhee’s sUAS 

models neither creates a hazard to users of the National Airspace System or public nor poses a 

threat to national security. To that end, Owyhee seeks exemption from the above specified F.A.R.s 

as Owyhee’s flight operations provide an equivalent level of safety when compared to the F.A.R.s 

to be exempted. Owyhee will adhere to any flight or atmospheric condition limitation imposed by 

the FAA. 

PETITIONER’S CONTACT INFORMATION

Petitioner: Counsel for Petitioner: 

John Romero, President The Ison Law Group

Owyhee Air Research, Inc. 2073 US Hwy 92 West, Suite 104 

17000 ZX Ranch Road Winter Haven, FL 33881 

Murphy, ID 83650 Phone: 863-712-9475 

Phone: 208-442-5405 Email: Christopher@thepilotlawyer.com 
Petition for Section 333 Exemption

Owyhee Air Research, Inc.

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OWYHEE AIR RESEARCH, INC., PETITION FOR SECTION 333 EXEMPTION 

Owyhee Air Research, Inc.

Overview

Owyhee Air Research, Inc., (hereinafter “Owyhee”) is a Murphy, Idaho, based corporation 

specializing in aerial research and data collection, to include: aerial wildlife census data surveying; 

aerial fire and hotspot detection; and aerial photographic and video imagery. As such, the FAA 

recognizes Owyhee as a part 135 commercial air carrier. Consequently, Owyhee’s Part 135 

operations involves the aerial collection of data in the form of IR and HD daylight videography, 

aerial telemetry and other survey services. These services are useful for fire and hotspot detection 

and wildlife census data collection, among other uses. While Owyhee currently operates from fixed 

wing aircraft, Owyhee requests Section 333 exemption for the commercial use the DJI Phantom 3 

and Aeryon SkyRanger to supplement Owyhee’s use of fixed wing aircrafts (NOTE: Owhyee will 

not operate any sUAS models while simultaneously operating manned aircrafts). As such, 

Owyhee would use these sUAS models to fulfil these services on a small scale, site specific basis. 

As detailed below, Owyhee will only allow commercial sUAS operations of the DJI Phantom 3 

and Aeryon SkyRanger by certificated airmen, holding at the bare minimum a sport pilot 

certificate. Currently, Owyhee employs four (4), Part 135 certificated pilots: John Romero 

(Certificate #: 2630498, ATP), Janna Greehalgh (Certificate #: 3008034, Commercial), Benjamin 

Blake (Certificate # 3086761, CFI), and Preston Riley (Certificate # 3386156, CFI). Combined, 

the pilots of Owyhee possess over 26,000 hours of flight time. Consequently, the pilots of Owyhee 

understand safe flight operations and will apply that knowledge during all commercial sUAS 

operations. 

Based upon Owyhee’s intended use and proposed flight operations and conditions limitations, 

Owyhee would like an exemption from the following Federal Aviation Regulations (F.A.R.s) to 

commercially operate the DJI Phantom 3 and Aeryon SkyRanger: 14 CFR §§ 61.23(a) and (c); 14 

C.F.R. §§ 61.101(e)(4) and (5); 14 C.F.R. § 61.113(a); 14 C.F.R. §61.315(a); 14 C.F.R. § 91.7(a); 

14 C.F.R. § 91.119(c); 14 C.F.R. §91.121; 14 C.F.R. §91.151(a)(1); 14 C.F.R. §91.405(a); 14 

C.F.R. §91.407(a)(1); 14 C.F.R. §§ 91.409(a)(1) and (2); and 14 C.F.R. 91.417(a) and (b). 

DJI Phantom 3 

Overview

The DJI Phantom 3 is a quad-boom, four (4) motor sUAS, capable of providing hover flight in 

both the vertical and horizontal planes. As such, the DJI Phantom 3 provides excellent 

maneuverability and ease of control for the PIC. The ease with which a PIC can control this sUAS 

model is evidenced by the fact that the DJI Phantom 3 is commercially available for RC hobbyists, 

requiring no training or experience prior to recreational usage. 

Like previous DJI Phantom predecessors, the DJI Phantom 3 provides innovative features that 

culminate in a safe flying experience. For example, the Phantom 3 now uses DJI’s Intelligent Flight 
Petition for Section 333 Exemption

Owyhee Air Research, Inc.

Page 7 of 17

Battery, featuring upgraded battery cells and an advanced power management system. Likewise, 

the flight controller found in the Phantom 3 has been updated to provide a safer, more reliable 

experience through a newly implemented flight recorder. Moreover, the flight controller now uses 

a Vision Positioning System, which, when combined with the remote controller’s flight recorder,

enhances hovering precision when flying in environments where GPS is unavailable. 

In an effort to ensure the safety of each flight, Owyhee chose the DJI Phantom 3 due to the 

enhanced safety features found in this sUAS. The DJI Phantom 3 boasts various Return-to-Home 

(RTH) modes which bring the sUAS back to the last recorded Home point, allowing for the safe 

landing and return of the sUAS, should an unforeseen emergency arise. As such, the DJI Phantom 

3 allows for Smart RTH, Low Battery RTH, and Failsafe RTH. 

In Smart RTH, the DJI Phantom 3 will automatically return to the last recorded Home Point. 

During this operation, the PIC may use the remote controller’s control sticks to control the sUAS 

to avoid any collisions. The Low Battery RTH failsafe is triggered when the DJI Intelligent Flight 

Battery is depleted to a point that may affect the safe return on the sUAS. When the DJI Pilot App 

notifies the PIC that the battery is low, the sUAS will begin the RTH procedure, unless otherwise 

prompted by the PIC. Lastly, the Failsafe RTH allows the sUAS to return to a pre-recorded location 

if the remote controller signal is lost for more than three (3) seconds. If the PIC regains remote 

controller connectivity, the PIC may resume control of the sUAS and continue the flight. 

In addition to the above safety features, the DJI Phantom 3 also incorporates an anti-drop kit for 

the gimbal. The anti-drop kit ensures that the gimbal and camera remain connected to the sUAS, 

so as to preclude the possibility of the gimbal/camera from disconnecting during flight operations. 

Moreover, the DJI Pilot App provides an incredible wealth of information that will supplement the 

PIC’s situational awareness while operating the DJI Phantom 3 by providing the following 

information: current flight mode, GPS signal strength, system status, battery level indicator, 

remote controller signal strength, flight telemetry (height, distance, and airspeed), and area map. 

By enhancing the PIC’s situational awareness, the PIC will be able to focus on safe flight 

operations, thereby reducing the likelihood of an incident which would lead to property damage 

or injury to persons. 

The FAA has already granted numerous petitions for Section 333 exemption to commercial sUAS 

operators of the DJI Phantom 3. Below is an abbreviated list of a portion of granted Section 333 

petitions for the commercial operation of the DJI Phantom 3, as well as the petitioner’s proposed 

commercial usage of the sUAS:

Exemption 

Number

Regulatory 

Docket Number

Flight Operation

11399A FAA-2015-0147 Aerial Photography/Videography for Real Estate Services

11845 FAA-2015-0806 Aerial Photography/Videography for Real Estate Services

12042 FAA-2015-1552 Aerial Photography/Videography

12046 FAA-2015-1534 Aerial Photography/Videography

11802 FAA-2015-1050 Aerial Photography/Videography for Real Estate Services

11977 FAA-2015-1478 Aerial Videography/Photogrammetry

11953 FAA-2015-1407 Aerial Mapping/Inspection/Photography

11711 FAA-2015-0777 Aerial Photography/Photogrammetry
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Owyhee Air Research, Inc.

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11938 FAA-2015-1390 Aerial Photography/Video

11172A FAA-2014-0787 Aerial Photography and Wildlife Preservation

11899 FAA-2015-1249 Aerial Photography/Videography/Mapping

1306A FAA-2014-1023 Aerial Photogrammetry/Inspection/Analysis

DJI Phantom 3 

Specifications

Aircraft:

Weight: 1280 g

Maximum Ascent Speed: 5 m/s

Maximum Descent Speed: 3 m/s

Maximum Speed: 16 m/s

Maximum Flight Altitude: 6000 m

Maximum Flight Time: 23 minutes (Approximately)

Operating Temperature Range: 0֯C to 40C֯

GPS: GPS/GLONASS

Gimbal:

Controllable Range: Pitch: -90֯to +30֯

Vision Positioning:

Velocity Range: <8 m/s (Altitude 2 m)

Altitude Range: 30 cm – 300 cm

Operating Range: 30 cm – 300 cm

Operating Environment: Surface w/Clear Pattern and 

Adequate Lighting (Lux > 15)

Camera:

Sensor: Sony Exmor 1/2.3” 

Operating Temperature Range: 0֯C to 40C֯

Remote Controller:

Operating Frequency: 2.400 GHz – 2.483 GHz

Maximum Transmission Distance: 2 km (outdoors and unobstructed)

Operating Temperature Range: 0֯C to 40֯C

Battery: 6000 mAh LiPo 2S

Mobile Device Holder: Tablets and smartphones

Transmitter Power (EIRP): FCC: 20 dbm; CE: 16 dbm

Working Voltage: 1.2 A @ 7.4 V

Charger:

Voltage: 17.4 V

Rated Power: 57 W

Intelligent Flight Battery (PH3-4480 mAh 15.2V):

Capacity: 4480 mAh
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Owyhee Air Research, Inc.

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Voltage: 15.2 V

Battery Type: LiPo 4S

Energy: 68 Wh

Net Weight: 365 g

Operating Temperature: -10֯C to 40֯C

Max Charging Power: 100 W

Aeryon SkyRanger 

Overview

The Aeryon SkyRanger is a quad-boom, four (4) motor sUAS, capable of hover flight in both the 

vertical and horizontal planes. The Aeryon SkyRanger is designed to military and government 

specifications while providing rugged durability and an advanced user-interface. As such, the 

Aeryon SkyRanger boasts an intuitive touchscreen interface, single operator transport and 

deployment, and reliable flight performance in the most demanding weather conditions (see 

“Specifications” below). 

Flight operations with the Aeryon SkyRanger are controlled via GPS. Should the Aeryon 

SkyRanger lose data connectivity, the system will automatically hold its GPS position (i.e. GPS 

hold for reliable location hover). As such, the flight control system employs not only GPS 

positioning but a variety of sensors. These sensors include, sonar, barometric pressure, 

temperature, wind speed and others to ensure the most stability of any system in its class-regardless 

of the wind. 

The PIC of an Aeryon SkyRanger can operate the sUAS in both semi and fully autonomous flight 

modes which means that a PIC can create a pre-planned flight path that allows the sUAS model to 

fly in an autonomous mode. Creating a preplanned flight path is as simple as clicking on the map 

and selecting the necessary waypoints. In semi-autonomous mode, the PIC selects, on a map, the 

various waypoints for the sUAS model to fly and the Aeryon SkyRanger automatically flies to the 

selected points where the operator is pointing. Further supplementing the user friendliness of the 

Aeryon SkyRanger, pre-mission waypoints, landing zone points and flight area dimensions can be 

entered during preflight operations to ensure that the SkyRanger operates only within specified 

parameters. As such, the Aeryon SkyRanger can be operated entirely by a touch-screen, map based 

interface. Thus, the PIC can control where the sUAS model goes, while the system flies for the 

operator. Like the DJI Phantom 3, these features reduce PIC fatigue while flying and provide the 

PIC the opportunity to focus on safety and obstacle obtrusions through enhanced situational 

awareness. 

In addition to the user friendly interface, the Aeryon SkyRanger includes advanced safety features 

which make flying this sUAS model one of the safest choices for both urban and non-urban 

environments. For example, the Aeryon SkyRanger has a built-in intelligent fault handling system 

which allows the sUAS model to detect a system fault while in the air and to automatically fly 

back to its take-off location and land. To that end, the various “faults” that the system can detect 

include: loss of communication RFP; exceeding pre-set wind thresholds exceeded; and low battery 

levels. The sUAS combines the input from a multitude of sensors to create redundant systems. 

Even though the data from all sensors is required for optimal system performance, a single sensor 

malfunction is likely to result in degraded performance rather than leading to a catastrophic failure.
Petition for Section 333 Exemption

Owyhee Air Research, Inc.

Page 10 of 17 

Moreover, the PIC can create no fly zones or maximum flight ranges and altitudes so the system 

cannot enter areas deemed unsafe or unnecessary to fly over. The Aeryon SkyRanger’s automated 

pre-flight system checks to ensure the system is flight ready before the sUAS model takes off. 

The FAA has already granted numerous petitions for Section 333 exemption to commercial sUAS 

operators of the Aeryon SkyRanger. Below is an abbreviated list of a portion of granted Section 

333 petitions for the commercial operation of the Aeryon SkyRanger, as well as the petitioner’s 

proposed commercial usage of the sUAS: 

Exemption 

Number

Regulatory 

Docket Number

Flight Operation

11265 FAA-2014-0732 Research/Development of UAS Training Curriculum

11112B FAA-2014-0382 Aerial Inspection/Training/Flight Demonstration

11324 FAA-2015-0014 Aerial/Surveys/Mapping/Testing/Inspections

11213 FAA-2014-0642 Aerial Surveys/Mapping/Inspections

11661 FAA-2015-0519 Aerial Inspections

11375 FAA-2015-0090 Aerial Surveying

11259 FAA-2014-0933 Aerial Inspection and Environmental Monitoring

Aeryon SkyRanger 

Specifications

Aircraft:

Weight: 5.3 lbs (2.4 kg) (without payload) 

Environmental Temperature Range: -22֯F to 122֯F (-30֯C to 50֯C) 

Range: 1.9 miles (3 km) 

3.1 miles (5 km) extendable 

Endurance: Up to 50-minute flight time

(with payload) 

Wind Tolerance: 40 mph (65 kph) sustained 

55 mph (90 kph) gusts 

Onboard Flight Instruments: Inertial Navigation System (3axis

gyroscope, 3axis magnetometer, 

GPS receiver, and static pressure 

sensor); 

Sonar Sensor for precision AGL 

altitude measurement

Frequency Allocations: 900 MHz, 2.4 GHz, 5.8 GHz, custom 

Dimensions: 40 inches (102 cm) diameter 

9.3 inches (24 cm) height 

Proposed Flight Conditions and Operating Procedures

Owyhee’s primary objective with every flight is the safe return of the above specified sUAS 

models without injury to property or person. In order to obtain this desired objective, Owyhee will 

abide by the following flight and atmospheric conditions limitations when performing commercial

flight operations with the DJI Phantom 3 and Aeryon SkyRanger: 
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1. Owyhee will not operate the sUAS models when weighing more than 55 pounds, 

including payload. 

2. Owyhee will not operate the sUAS models at a speed exceeding 87 knots (100 miles 

per hour). Owyhee will use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. 

3. Owyhee will not operate the sUAS models at an altitude of more than 400 feet 

above ground level (AGL). Owyhee will monitor altitude in feet AGL via GPS 

technology and monitoring. 

4. Owyhee will only operate the sUAS models within VLOS of the PIC at all times. 

Owyhee will require 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. 

5. Owyhee requires the utilization of a visual observer (VO) on all commercial sUAS 

flights. The sUAS models will be operated within 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. Owyhee requires that the VO and PIC be able 

to communicate verbally at all times. Owyhee does not permit electronic messaging 

or texting during flight operations. Owyhee requires the sUAS PIC to be designated 

before the flight and does not allow transfer of his or her designation during the 

flight. The PIC must ensure that the VO can perform the duties required of the VO. 

6. Owyhee requires that all operating documents (defined as the granted exemption 

and all documents needed to operate the UAS model and conduct its operations in 

accordance with all grants conditions and limitations) must be accessible during 

sUAS operations and made available to the Administrator upon reasonable request. 

7. Owyhee will require a functional test should any sUAS model undergo maintenance 

or alterations that affect that sUAS model’s 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. Owyhee requires that 

all function flights be conducted by a PIC with a VO and remain at least 500 feet 

from other people. Owyhee further requires that the functional test flight be 

conducted in such a manner so as to not pose an undue hazard to persons and 

property. 

8. Owyhee will be responsible for maintaining and inspecting the sUAS model to 

ensure that the sUAS model is in a condition for safe operation. 

9. Owyhee requires that, prior to each flight, the PIC conduct a pre-flight inspection 

and determine whether the sUAS model is in a condition for safe flight. Owyhee

requires that the pre-flight inspection must account for all potential discrepancies, 

e.g., inoperable components, items, or equipment. Should the inspection reveal a 
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Owyhee Air Research, Inc.

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condition that affects the safe operation of the sUAS model, Owyhee prohibits the 

aircraft from operating until the necessary maintenance has been performed and the 

sUAS is found to be in a condition for safe flight.

10. Owyhee requires compliance with the component manufacturer’s maintenance, 

overhaul, replacement, inspection, and life limit requirements for the components 

that combine to assemble the sUAS models. 

11. Owyhee requires compliance with all sUAS model manufacture’s safety bulletins 

for the sUAS model. 

12. Owyhee requires all sUAS model PICs to hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. Further, Owyhee

requires the PIC to 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. 

13. Owyhee prohibits any PIC to operate the sUAS model unless the PIC demonstrates 

the ability to safely operate the sUAS model in a manner consistent with how the 

sUAS will be operated under this petition for exemption, including evasive and 

emergency maneuvers and maintaining appropriate distances from persons, vessels, 

vehicles and structures. To that end, Owyhee requires the PIC’s qualification flight 

hours and currency to be logged in a manner consistent with 14 CFR § 61.51(b). 

14. Owyhee prohibits flight operations of the sUAS models during night, as defined in 

14 CFR § 1.1. All flight operations will be conducted under visual meteorological 

conditions (VMC). Owyhee will not allow the sUAS model to be flown during 

special visual flight rules (SVFR).

15. Owyhee will not operate the sUAS model 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. Owyhee will make the letter of agreement 

with the airport management available to the Administrator or any law enforcement 

official upon request. 

16. Owyhee will operate the sUAS model at least 500 feet below and/or no more than 

2,000 feet horizontally from a cloud. Owyhee will not operate the sUAS model

when visibility is less than 3 statute miles. 

17. Owyhee requires the sUAS model to return to a pre-determined location within the 

private or controlled-access property should the sUAS model lose communications 

or lose its GPS signal. 
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Owyhee Air Research, Inc.

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18. Owyhee requires the PIC of any sUAS model to abort the flight in the event of 

unpredicted obstacles or emergencies.

19. Owyhee prohibits the PIC of any sUAS model from beginning a flight unless 

(considering wind and forecast weather conditions) there is enough available power 

for the sUAS model to conduct the intended operation and to operate after that for 

at least 5 minutes or with the reserve power recommended by the manufacturer if 

greater. 

20. Owyhee requires that all documents used to ensure safe operation and flight of the 

sUAS model and any documents required under 14 CFR §§ 91.9 and 91.203 to be 

available to the PIC at the Ground Control Station of the sUAS model any time the 

aircraft are operating. Owyhee will make these documents available to the 

Administrator or any law enforcement official upon reasonable request. 

21. Owyhee requires that during all flights, the sUAS model PIC remain clear and give 

way to all manned aviation operations and activities at all times. 

22. Owyhee prohibits the PIC of any sUAS model from operating the sUAS model 

from any moving device or vehicle. 

23. Owyhee requires all flight operations of all sUAS models to 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 sUAS and/or debris in the event of an accident. Owyhee

will ensure that nonparticipating persons remain under such protection. If a 

situation arises where nonparticipating persons leave such protection and 

are within 500 feet of the sUAS, Owyhee requires flight operations to 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. 

24. Owyhee will operate all sUAS models flights over private or controlled-access 

property with permission from the property owner/controller or authorized 

representative. Owyhee will obtain permission from the property owner/controller 

or authorized representative prior to each flight to be conducted. 

PRIVACY

Owyhee’s use of the DJI Phantom 3 and Aeryon SkyRanger for aerial research and data collection, 

as specified above, will not implicate any privacy concerns. Since Owyhee will only commercially 
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Owyhee Air Research, Inc.

Page 14 of 17

operate the sUAS models at the request of the property and/or business owner(s), Owyhee will 

have the express consent and permission of the property and/or business owner(s) prior to flying 

over private property. To that end, based upon the nature of Owyhee’s commercial flight 

operations, most commercial flights will be conducted in remote, uninhabited areas. As such, given 

the geographical areas where Owyhee will commercial operate the sUAS models, privacy concerns 

are greatly diminished. Nevertheless, Owyhee’s use of the DJI Phantom 3 and Aeryon SkyRanger 

poses no greater privacy concerns than the use of traditional fixed wing or rotorcraft aircraft for 

similar commercial operations. Should Owyhee’s commercial sUAS activity require aerial based 

photographic and video imagery, images taken will be of individuals who have consented to being 

photographed/filmed or otherwise have agreed to be in the area where aerial photographic or video 

imagery will take place.

PUBLIC INTEREST AND SAFETY

Unlike traditional fixed wing or rotorcraft aircraft, the use of the DJI Phantom 3 and Aeryon 

SkyRanger for aerial research and data collection, as specified above, promotes public interest and 

safety. Whereas traditional fixed wing or rotorcraft aircraft are large, heavy, noisy, require

flammable fuels and manned operators (placing the pilot’s life in jeopardy should there be an 

emergency), these sUAS models are small, light, quite, and do not require flammable fuels or a

manned operator (i.e. not risking human life for the purpose of operation). 

The use of Owyhee’s DJI Phantom 3 and Aeryon SkyRanger also benefits the public from a safety 

perspective since these sUAS models do not run on fossil fuels. Since these sUAS models are

battery powered, their use over the traditional fixed wing or rotorcraft aircraft will be more 

environmentally and ecologically friendly. In addition to the non-use of flammable fuels, given 

the extreme lightness of these sUAS models, should an emergency result in a forced landing, injury 

to property or persons would be negligible compared to the catastrophic injury to property or 

persons that would result in an emergency landing of a traditional fixed wing or rotorcraft aircraft. 

Apart from the added safety benefits of sUAS flight operations, the use of the DJI Phantom 3 and 

Aeryon SkyRanger for the above noted aerial based applications creates new economic 

opportunities that could fuel the continued growth of aviation and aviation related interests. 

Consequently, the public will benefit from the use of sUAS models for commercial purposes as 

companies like Owyhee will provide new jobs and economic opportunities, fueling innovation and 

creativity. 

REGULATIONS FROM WHICH EXEMPTION IS REQUESTED

14 CFR §§ 61.23(a) and (c): Medical Certificates Requirement and Duration

Owyhee requests exemption from 14 CFR §§ 61.23(a) and (c) which provides for certain flight 

operations requiring medical certificates. Owyhee’s petition for exemption provides an equivalent 

level of safety in that Owyhee would require a DJI Phantom 3 or Aeryon SkyRanger PIC to hold 

either a current medical certificate, of any class, or a valid U.S. Driver’s License. Owyhee’s

petition for exemption provides an equivalent level of safety as provided in 14 C.F.R. §§61.23(a) 

and (c). 
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Owyhee Air Research, Inc.

Page 15 of 17

14 C.F.R. §§ 61.101(e)(4) and (5): Recreational Pilot Privileges and Limitations; 14 C.F.R. § 

61.113(a): Private Pilot Privileges and Limitations: Pilot in Command; and 14 C.F.R. 

§61.315(a): What Are The Privileges and Limits of My Sport Pilot Certificate?

Owyhee requests exemption from 14 C.F.R. §§ 61.101(e)(4) and (5) which prohibits recreational 

pilots from receiving compensation for hire or providing flight services in furtherance of a 

business, respectively. In addition, Owyhee requests exemption from 14 C.F.R. §61.113(a), which 

prohibits a certificated private pilot from receiving compensation or flying for hire when acting as 

PIC; and from 14 C.F.R. §61.315(a), which provides the holder of a sport pilot certificate may 

only act as pilot in command of a light-sport aircraft.

Owyhee’s petition for exemption provides an equivalent level of safety in that Owyhee requires 

the DJI Phantom 3 and Aeryon SkyRanger PIC, at the bare minimum, to hold the privileges of a 

sport pilot certificate under 14 C.F.R. §61 Subpart J, hold either a medical certificate or valid U.S. 

Driver’s License, and to demonstrate proficiency in the PIC’s ability to safely operate the sUAS 

models in a manner consistent with how the sUAS will be operated under this petition for 

exemption.

Distinct comparisons between the commercial activities of Owyhee and other businesses operating 

traditional fixed wing or rotorcraft aircraft expose the unnecessary limitations placed upon sport, 

recreational and private certificated pilots when considering PIC privileges of commercial sUAS 

flight operations. Whereas requiring pilots of traditional fixed wing and rotorcraft aircraft to hold 

commercial and Airline Transport Pilot (ATP) ratings ensures that the pilots possess the necessary 

skills, training and experience to safely transport persons and/or cargo from the point of departure 

to the intended point of destination, the same correlation for sUAS pilots and should not apply to 

the sUAS flight operations of Owyhee. 

In the case of Owyhee’s sUAS flight operations, no persons or third-party cargo will be carried by 

the sUAS models during Owyhee’s aerial based commercial operations. Unlike traditional fixed 

wing or rotorcraft aircraft, which must traverse over a greater distance, greater amount of property, 

and a greater amount of people in order to get from the point of departure to the intended point of 

destination, Owyhee’s sUAS will only fly over property authorized by Owyhee’s clients. In other 

words, the sUAS models will not have to originate flight from a different location and traverse 

over the properties of disinterested parties in order to fulfill the purpose of Owyhee’s commercial 

flight operations. As such, the risk of injury to disinterested parties is substantially decreased by 

the use of a sUAS for aerial based agricultural applications, as well as search and rescue operations.

Consequently, Owyhee’s requirement that the sUAS PIC hold, at least, a sport pilot certificate 

provides an equivalent level of safety to the requirement that a commercial or ATP rated pilot 

transport persons and/or cargo for hire in manned aircraft. 

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

Owyhee requests an exemption from 14 C.F.R. §91.7(a) which prohibits the operation of civil 

aircraft unless it is in airworthy condition. As there will be no airworthiness certificate issued for 

Owyhee’s DJI Phantom 3 and Aeryon SkyRanger models, no standard will exist for determining 
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Owyhee Air Research, Inc.

Page 16 of 17

airworthiness. In any event, Owyhee’s proposed Flight Conditions and Operating Procedure will 

ensure an equivalent level of safety with 14 C.F.R. §91.7(a). 

14 C.F.R. § 91.119(c): Minimum Safe Altitude: General

Owyhee requests an exemption from 14 C.F.R §91.119(c) which provides that except when 

necessary for takeoff or landing, no person may operate an aircraft below an altitude of 500 feet 

above the surface. Furthermore, this section provides that an aircraft may not be operated closer 

than 500 feet to any person, vessel, vehicle, or structure. Owyhee’s petition requests that the DJI 

Phantom 3 and Aeryon SkyRanger be flown at an altitude no higher than 400 feet AGL and, when 

complying with the conditions set forth in §23(b) of Owyhee’s Flight Conditions and Operating 

Procedures, at distances closer than 500 feet from any person, vessel, vehicle, or structure. 

The requirement that the DJI Phantom 3 and Aeryon SkyRanger maintain 400 feet or less AGL 

helps ensure that signal connectivity between the transmitter and receiver will not be lost. In 

addition, this height restriction ensures that the PIC will be able to maintain VLOS while 

simultaneously limiting the possibility of the sUAS models’ interference with other NAS traffic. 

Traditional principles requiring a 500 foot AGL minimum for fixed-wing or rotorcraft aircraft 

stemmed from a desire to protect the public should the need for a forced landing arise due to an 

unforeseen emergency situation or loss of power. These same concerns are not present with 

Owyhee’s sUAS models as they are extremely lightweight and small. Any injury to property or 

person would be negligible when compared to the catastrophic damage that a fixed wing or 

rotorcraft aircraft would inflict due to a forced landing. Consequently, Owyhee’s Flight Conditions 

and Operating Procedures provide for an equivalent level of safety when compared to 14 C.F.R 

§91.119(c).

14 C.F.R. §91.121: Altimeter Settings

Owyhee requests exemption from 14 C.F.R. §91.121 which provides guidelines for the use of 

altimeter settings while operating an aircraft. Owyhee’s petition for exemption provides an 

equivalent level of safety such that the DJI Phantom 3 and Aeryon SkyRanger PIC will be able to 

determine the AGL height of the sUAS model due to GPS technology. The AGL height of the 

sUAS will be displayed for the PIC during all flight operations. As such, the PIC will be able to 

maintain the requirement that the sUAS models fly no higher than 400 feet AGL during all flight 

operations. 

14 C.F.R. §91.151(a)(1): Fuel Requirements For Flight In VFR Conditions

Owyhee requests exemption from 14 C.F.R. §91.151(a)(1) which provides that no person may 

begin a flight in an airplane under VFR conditions with less than 30 minutes of reserve fuel. 

Owyhee’s petition for exemption provides an equivalent level of safety due to Owyhee’s

prohibition against the PIC from beginning a flight unless (considering wind and forecast weather 

conditions) there is enough available power for the sUAS model to conduct the intended operation 

and to operate after that for at least 5 minutes or with the reserve power recommended by the 

manufacturer if greater. 
Petition for Section 333 Exemption

Owyhee Air Research, Inc.

Page 17 of 17

Given the design and technology of the DJI Phantom 3 and Aeryon SkyRanger, Owyhee’s PIC 

will have access to all relevant information concerning the sUAS model’s battery life. The PIC 

will be able to make an accurate determination as to whether the PIC can comply with Owyhee’s

“fuel” requirements for each flight. Consequently, Owyhee’s Flight Conditions and Operating 

Procedures provide for an equivalent level of safety when compared to 14 C.F.R §91.151(a)(1).

14 C.F.R. §91.405(a): Maintenance Required; 14 C.F.R. §91.407(a)(1): Operation After 

Maintenance, Preventative Maintenance, Rebuilding, Or Alteration; 14 C.F.R. §§ 

91.409(a)(1) and (2): Inspections; 14 C.F.R. 91.417(a) and (b): Maintenance Records

Owyhee requests exemption from the following F.A.Rs: 14 C.F.R. §91.405(a), which provides the 

owner or operator of aircraft shall have the aircraft inspected pursuant to Subpart E of 14 C.F.R; 

14 C.F.R. §91.407(a)(1), which provides that no person may operate any aircraft having undergone 

preventive maintenance unless approved for return to service by a person authorized under §43.7; 

14 C.F.R. §§91.409(a)(1) and (2), which provides that no person may operate an aircraft within 

the preceding 12 calendar months unless an annual inspection has been performed; and 14 C.F.R. 

§§91.417(a) and (b), which provides for the recording of an aircraft’s maintenance if the aircraft 

holds an airworthiness certificate.

Owyhee’s petition for exemption provides an equivalent level of safety since Owyhee requires

compliance with the sUAS manufacturer’s maintenance, overhaul, replacement, inspection, and 

life limit requirements for the DJI Phantom 3 and Aeryon SkyRanger. Due to the nature of a sUAS, 

compliance with certain maintenance requirements under Subpart E of 14 C.F.R. are either 

impossible or cost prohibitive to implement when applied to a sUAS. As such, Owyhee should be 

exempt from these regulations as Owyhee’s Flight Conditions and Operating Procedures provide 

for an equivalent level of safety when compared to these F.A.R.s.