P eti tion for Section 333 Exemption
Owyhee Air Research, Inc.

Page 1 of 1 7 August 1 8 , 2015

U .S. Department of Transportation

Docket Operations West Building Ground Floor, Room w12-140 1200 New Jersey Ave., SE Washington, DC 20590

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

P etitioner : Owyhee Air Research, Inc.

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

Petitioner’s s UAS(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,

O n 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.P eti tion for Section 333 Exemption
Owyhee Air Research, Inc.

Page 2 of 1 7 The President and o wner of Owyhee

, John Romero, holds a n Airline Transport Pilot (ATP)

certificate

. To that end , Owyhee employs three, full time pilots and one part time pilot - a ll 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

.

Th is 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 fligh t operations and conditions ; p rivacy 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 A eryon SkyRanger neither create s a hazard to users of the National Airspace System or public nor poses a threat to national security.

A dditionally, 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.

P lease 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.

S incerely,

THE ISON LAW GROUP

C hristopher Ison, Esq.

EnclosuresP eti tion for Section 333 Exemption
Owyhee Air Research, Inc.

Page 3 of 1 7 T ABLE OF CONTENTS

I. G lossary of T erms ................................................................................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 Oper ating Procedures ...................................................10

VII. Privac y .......................................................................................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 a nd

L imits of My Sport Pilot Certific ate?

... ................................................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

, P reventative 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 ..........................................17P eti tion for Section 333 Exemption
Owyhee Air Research, Inc.

Page 4 of 1 7 G LOSSARY OF TERMS

A ircraft : any contrivance invented, used, or designed to navigate, or fly in, the air (Title 49, United States Code (49 USC) § 40102).

N ational 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.

O perational Control : with respect to a flight, means the exercise of authority over initiating, conducting or terminating a flight (14 CFR § 1.1).

P ilot 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).

S mall Unmanned Aircraft System ( s UAS) : 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 n ational airspace system (P.L. 112-95, Section 331), weighing less than 55 pounds, including payload.

U AS Certificate of Waiver or Authorization (COA) : an authorization issued by the Air Traffic Organization to an operator for a specific unmanned aircraft activity

.

V isual 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.P eti tion for Section 333 Exemption
Owyhee Air Research, Inc.

Page 5 of 1 7 P UBLISHABLE SUMMARY

P ursuant 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 :

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

14 C FR §§ 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)

.

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

Small Unmanned A ircraft S ystems (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 p rove 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.

I n support of this petition, Owyhee notes that the FAA has already granted numerou s 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.

U nder 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

model s neither create s a hazard to users of the National Airspace System or public n or pose s 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

P etitioner: 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.comP eti tion for Section 333 Exemption
Owyhee Air Research, Inc.

Page 6 of 1 7 OWYHEE AIR RESEARCH, INC., PETITION FOR SECTION 333 EXEMPTION

O wyhee 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: a erial w ildlife census da ta s urveying;

a erial f ire and hotspot de tection; and a erial phot ographic and video i magery . 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 ot her 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 us e the DJI Phantom 3

an d Aeryon SkyRanger to supplement Owyhee’s u se of fixed wing air craft s (NOTE: Owhyee will not operate any sUAS models while simultaneously operating manned aircrafts). As such,

Ow yhee would use thes e sUAS models t o f u lf il the se services on a

s mall scale , s ite specific basis

.

A s detailed below, Owyhee will only allow commercial sUAS operations of the DJI Phantom 3 and Aeryon SkyRanger by certificated airmen, holding at the bare mi nimum 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.

B ased 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); 1 4 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).

D JI Phantom 3

Overview

T he 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.

L ike 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 FlightPeti tion for Section 333 Exemption
Owyhee Air Research, Inc.

Page 7 of 1 7 Battery

, featur ing upgraded battery cells and an advanced power management system. Likewise, the flight controller found in the Phantom 3 has been updated to provide a safe r , more reliable experience through a n ewly 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.

I n 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, a llowing 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 A pp 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 re sume control of the sUAS and continue the flight.

In addition to the above safety features, the DJI Phantom 3 also incorpor ates 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,

re mote 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 wo uld lead to property damage or injury to persons.

The FAA has already grant ed numerous petition s 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 t he 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/PhotogrammetryPeti tion for Section 333 Exemption
Owyhee Air Research, Inc.

Page 8 of 1 7 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: 0 ֯ C to 40 ֯ C

GPS: GPS/GLONASS

Gimbal: Controllable Range: Pitch:

- 90 ֯ to +30 ֯

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: 0 ֯ C to 40 ֯ C

Remote Controller: Operating Frequency: 2.400 GHz

– 2.483 GHz

Maximum Transmission Distance: 2 km (outdoors and unobstructed) Operating Temperature Range: 0 ֯ C to 40 ֯ C 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 1 5.2V) : Capa city: 4480 mAhPeti tion for Section 333 Exemption
Owyhee Air Research, Inc.

Page 9 of 1 7 Voltage: 15.2 V Battery Type: LiPo 4S Energy: 68 Wh Net Weight: 365 g Operating Temperature:

- 10 ֯ C to 40 ֯ C 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 th e 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, t he flight control system employs not only GPS position ing 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 bot h 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 o f the Aeryon SkyRanger, p re

- mission waypoints, l anding zone points an d flight area dimensions can be entered during preflight operations to ensur e that the SkyRanger operates only within specified

parameters. As such, t he Aeryon SkyRanger can be operated entirely by a touch

- screen, map based interface. Thus, t he 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 pr ovide the

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

awareness.

In addition to the user friendly interface, t he Aeryon SkyRanger includes advanced safety features which make flying this sUAS model one of t he safest choice s for both urban and non

- urban

environments. For example, the Aeryon SkyRanger has a b uilt

- 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 “f aults ” that the system can detect include: loss of communication RFP; exceeding pre

- set wind thresholds exceeded; and low battery

l evels. The s UAS combines the input from a multitude of sensors to create re dundant 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.P eti tion for Section 333 Exemption
Owyhee Air Research, Inc.

Page 10 of 1 7 Moreover , the PIC can cr eate no fly zones or maximum flight ranges and altitud es so th e system cannot enter areas deemed unsafe or unnecessary to fly over. Th e Aeryon SkyRanger’s automated

p re -f lig h t sy stem checks to ensure the system is flight ready bef or e the sUAS model takes off.

Th e FAA has already grant ed numerous petition s 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 Aeryo n 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

A eryon SkyRanger Specifications

A ircraft : Weight: 5.3 lbs (2.4 kg) (without payload) Environmental Temperature Range: -22 ֯ F to 122 ֯ F ( -30 ֯ C to 50 ֯ C) 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

O wyhee’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 :Peti tion for Section 333 Exemption
Owyhee Air Research, Inc.

Page 11 of 1 7 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 do es 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 acce ssible 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 characteristic s, 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 5 00 feet

f rom 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 inspectio n must account for all potential discrepancies, e.g., inoperable components, items, or equipment. Should the inspection reveal aPeti tion for Section 333 Exemption
Owyhee Air Research, Inc.

Page 12 of 1 7 condition that affects the safe operation of the sUAS model

, Owyhee prohibits the aircraft from operating until the necessary m aintenance 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 P IC ’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 enforcem ent 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 sUA S model to return to a pre

- determined location within the private or controlled

- access property s hould the sUAS model lose communications or lose its GPS signal

.Peti tion for Section 333 Exemption
Owyhee Air Research, Inc.

Page 13 of 1 7 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 afte r 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 enforceme nt 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 nonpar ticipating 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 structu res 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 con ducted.

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 commerciallyPeti tion for Section 333 Exemption
Owyhee Air Research, Inc.

Page 14 of 1 7 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

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

the geographical area s 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 image ry , i mages 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 purpos e of operation).

The use of Owyhee’s DJI Phantom 3 and Aeryon SkyRanger also benefits the public from a safety perspective since th ese sUAS model s do not run on fossil fuels. Since the se sUAS models are battery powered, the ir 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 light ness of the se sUAS models , should an emergency result in a forced land ing, 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 f light 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 w ill 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 certi ficate, 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).Peti tion for Section 333 Exemption
Owyhee Air Research, Inc.

Page 15 of 1 7 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 th e commercial activities of Owyhee and other business es 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 transpor t 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 co mmercial 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 Airworth iness

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 determiningPeti tion for Section 333 Exemption
Owyhee Air Research, Inc.

Page 16 of 1 7 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

Owyh ee 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 n ot 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 wi th the conditions set forth i n § 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 othe r 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 co ncerns 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

dete rmine 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 th an 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 le ss 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 availab le 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.Peti tion for Section 333 Exemption
Owyhee Air Research, Inc.

Page 17 of 1 7 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, O wyhee’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 air craft 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 recordin g 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 require s 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 imp ossible 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

.