OConnor Aerial Videos & Editing LLC

1010 Black Willow Drive

Oviedo, Florida 32765

(407) 761-4595

May 12, 2015

United States Department of Transportation

Docket Management System

1200 New Jersey Avenue, SE

West Building Ground Floor Room W12-140

Washington, DC 20590

Re: Request for exemption pursuant to Section 333 of the FAA Reform Act of 2012

Dear Sir or Madam,

My name is Albert S. O’Connor, president of OConnor Aerial Videos & Editing LLC (“OCAVE”) d/b/a iDRONE, and I am writing pursuant to the

FAA Modernization and Reform Act of 2012

1

(the “Reform Act”) and the procedures contained in 14 C.F.R. 11, and I respectfully request, in 

accordance with 14 C.F.R. § 11.61, that OCAVE, an owner and Operator of small Unmanned Aircraft (“UA”), be provided relief by exemption 

from the Federal Aviation Regulations (“FARs”) listed below, so that OCAVE may operate its small lightweight Unmanned Aircraft Systems 

(“UAS”) commercially, and for hire, in airspace regulated by the Federal Aviation Administration (“FAA”).

OCAVE proposes to capture High Definition and Ultra-High Definition quality video for commercial purposes as well as perform aerial mapping 

surveys for data collection utilizing small, lightweight, UA to accomplish these unmanned aerial tasks.

1

112 P.L. 95 (2012).

If granted, this exemption will allow OCAVE to start operating UA for commercial purposes and for hire to 

capture aerial videos and photography for TV and Film productions, real estate marketing, and for high resolution 

aerial mapping survey data collection.

The Specific sections of Title 14 of the Code of Federal Regulations, from which OCAVE requests exemption, are: 

14 C.F.R. § 11.61

14 C.F.R. 21, subpart H

14 C.F.R. 45.23(b)

14 C.F.R. § 61.113 (a) & (b)

14 C.F.R. § 91.7 (a)

14 C.F.R. § 91.9 (b)(2) & (c)

14 C.F.R. § 91.103(b)

14 C.F.R. § 91.109 (a)

14 C.F.R. § 91.119

14 C.F.R. § 91.121

14 C.F.R. § 91.151(a) & (b)

14 C.F.R. § 91.203(a) and (b)

14 C.F.R. § 91.405 (a)

14 C.F.R. § 91.407 (a)(1)

14 C.F.R. § 91.409 (a)(1) & (2), 14 C.F.R. § 91.417 (a) & (b) 

DETAILED INFORMATION ABOUT THE PETITIONER

OConnor Aerial Videos & Editing LLC (“OCAVE”) was founded in 2014 by Albert S. O’Connor, a video professional with over 34 years of video 

production, video post-production, and photographic experience. OCAVE has been operating its lightweight UA strictly within the United States in 

a multitude of test missions involving proof-of-principal demonstrations of precision high resolution aerial mapping surveys for certification 

purposes, as well as student films requiring aerial footage be shot from no higher than 50 feet Above Ground Level (“AGL”) and OCAVE has 

performed these operations without incident, voluntarily, and without financial compensation. Based in Central Florida, OCAVE would now like 

permission to fly its UA commercially, and for hire, in the NAS to capture aerial video and photo imagery as well as perform high resolution aerial 

mapping surveys for data collection purposes for a multitude of industries. OCAVE also has future plans to expand into Precision Agriculture by 

providing aerial mapping surveys for farms utilizing multi-spectral cameras to help farmers increase their crop yield while helping reduce farming’s 

impact on the environment. OCAVE has been in compliance with all applicable FARs and has not performed aerial services for pay by any entity at 

any location within the United States.

OCAVE UAS EQUIPMENT INVENTORY

I am asking for an exemption as per 14 C.F.R. § 11.61 to operate DJI Phantom UA for compensation or hire within the United States NAS.

OCAVE, for now, operates two UA:

• DJI Phantom 2 v3, professionally built by CineDrones (a DJI certified builder, dealer, repair facility) to perform precision aerial mapping

surveys utilizing its onboard DJI Ground Station hardware that is linked to and controlled by an Apple iPad running DJI’s Ground Station software 

application that is used to upload aerial mapping pattern data to the Phantom 2 via Bluetooth transmitter; the iPad is also used to constantly track the 

UA’s GPS location throughout the entire aerial mapping session and provides audible and visual alerts in the event any safety issues are encountered 

and provides the capability to have the UA return immediately for a safe landing. This UA has a First Person View (“FPV”) capability allowing the 

Operator to see what the UA sees via its on-board video camera, allowing for greater flight safety during flight operations.
• DJI Phantom 3 Professional which carries a 4K capable Ultra High Definition FPV video camera and will be used 

for real estate marketing, TV/Film production, as well as high resolution aerial still photography. This UA can also perform precision aerial 

mapping surveys if needed. This UA also provides both audible and visual alerts if in the event any safety issues are encountered, this UA has the 

capability to have it return immediately for safe landing.

Both UA have four counter rotating plastic propellers, both UA are gyro and GPS stabilized, with both carrying a shielded electronic compass, these 

are three basic backup systems that ensure safe and stable UA operations. A fourth safety feature that is built-in to each UA is DJI’s Return To Home 

(“RTH”) safety feature, that in the event of lost remote control communication between the UA Operator and the UA itself, these two UA 

automatically RTH and auto-land beside the UA Operator, even if the Operator changes his location, the UA will go the Operator’s position then 

land next to the Operator. A fifth safety feature involves battery power, that if the battery power drops below 30%, a safety feature is automatically 

invoked by each DJI Phantom that forces it to immediately auto-land itself safely and slowly so as to avoid sudden power loss and a resulting crash. 

So safety being in the public’s interest, each UA has five safety features guaranteeing safe flights. Finally, each DJI Phantom OCAVE owns has the 

latest DJI software update that visually and audibly warns its Operator from flying into restricted airspace and in particular, prevents it from take-off 

and flight in Washington DC’s airspace.

The DJI Phantom 2 v.3 UA is powered by a 11.1 volt Lithium Polymer battery (“LiPo”) that power each of its four electric motors, the DJI Phantom 

2 has at most a 12 minute flight envelope and the Phantom 3 has a 15.2 volt LiPo battery with flight envelope of almost 20 minutes. Each DJI

Phantom is only capable of Vertical Take Off or Landing (“VTOL”) and do not require runways to take off or land. Each DJI Phantom weighs 

approximately 5 pounds, well below the FAA’s mandated 55 pound limit for commercially used UAs, and each UA is approximately 16 inches in 

width and length and stand 8 inches high with both being made of polymer plastic. No combustible fuel is ever used on DJI UAs, and when airborne, 

each DJI Phantom can be clearly seen because of their Red and Green flashing anti-collision lights, which operate automatically and continuously, 

during all flights and cannot be turned off by the UA Operator. Each DJI UA has a maximum flight speed of 35 knots.

14 C.F.R. § 45.23 (b) states “When marks include only the Roman capital letter “N” and the registration number is displayed on limited, restricted 

or light-sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance 

to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words “limited,” “restricted,” “light-sport,” 

“experimental,” or “provisional,” as applicable.” Because UA are inherently different from manned aircraft, DJI UA have no cabin, cockpit, or pilot 

station, and have extremely limited surface area on which to affix 2 - 6 inch high aircraft identification numbers and letters, OCAVE requests 

exemption from 14 C.F.R. § 45.23 (b).

Until such time it is mandated by the FAA as to how each UA is to be appropriately marked with an FAA registration number, OCAVE’s interim 

policy is that each of its UA it owns will be clearly marked with OCAVE’s owners name, cell phone number, and email address so that the 

Operator and Visual Observer (“VO”) as well as others who might be working with the UA, can see the markings.

THE EXTENT OF RELIEF OCAVE SEEKS AND THE REASON IT SEEKS SUCH RELIEF: 

2

OCAVE submits this application in accordance with the Reform Act, 112 P.L. 95 § 331-334, seeking relief from any currently applicable FARs that 

prevent OCAVE’s contemplated commercial and other flight operations within the NAS. The Reform Act in Section 332 provides for such 

integration of civil unmanned aircraft systems into our NAS as it is in the public’s interest to do so. OCAVE’s lightweight UA meets the definition 

of “small Unmanned Aircraft” as defined in Section 331 and therefore the integration of OCAVE’s lightweight UA is in accordance with the 

Reform Act’s provisions. OCAVE would like to operate its lightweight UA prior to the point in time where the Reform Act requires the FAA to 

publish rules governing such craft.

The Reform Act guides the Secretary of Transportation, who is the FAA Administrator, in determining the types of UA that may operate safely in 

our national airspace system.

Each item listed below is in favor of OCAVE as per Section 333 (a) of P.L. 112-95 Special Rules for Certain Unmanned Aircraft Systems:

- The weight, size, speed and overall capabilities of the UAS;

- Whether the UAS will be operated near airports or populated areas;

- Whether the UAS will be operated by VLOS or Visual Line Of Sight during the daytime using VFR or Visual Flight Rules keeping below 400 feet 

 AGL and utilizing a trained Visual Observer.

OCAVE’s operation of its UA will not “create a hazard to users of the national airspace system or the public.” pursuant 

to 112 P.L. 95 § 333 (b). Given the small size and weight of OCAVE’s UA, combined with its operation in locations 

that have been previously reviewed by OCAVE’s UA Operator for safety purposes, OCAVE’s UA falls 

within Congress’s contemplated safety zone when it published the Reform Act and its corresponding directive to 

integrate UA into the national airspace system. OCAVE’s UA and Operator have a positive safety record, do not pose 

any threat to the general public or national security, and ensures an equivalent level of safety to manned aircraft 

operations.

2

The FAA has the authority to issue the exemption sought by OCAVE pursuant to the Federal Aviation Act, 85 P.L. 726 (1958),

 as amended (the “Act”). 

OCAVE UA Operator CERTIFICATION AND COMPANY SAFE-FLYING CULTURE

Until the time comes where FAA certified civil UA trainers are available, a San Francisco-based UA aerial mapping company, Skycatch 

Workmode, has trained dozens of UA Operators to fly UAS-based aerial mapping missions for other countries that already permit commercial UA 

operations, OCAVE’s UA Operator, Albert O’Connor, has already obtained flight certification by Skycatch Workmode to fly UA for precision 

aerial mapping survey data collection and OCAVE’s UA Operator has also studied extensively the FAA’s regulations regarding UA operations: 

keeping well below 400 feet AGL, operate UA no closer than 5 miles from any airport, does not fly UA over populated areas, the Operator maintains

Visual Line Of Sight (“VLOS”), adheres to Daytime Visual Flight Rules (“VFR”), and when necessary, utilizes a trained Visual Observer for UA 
aerial operations when necessary. The majority of OCAVE’s UA operations will be performed no higher than 200 feet AGL. OCAVE’s UA 

Operator has read and thoroughly understands the UA manufacturer’s “safe flying” operations manual and has over 150 hours of UA flight 

experience. No one other than a certified UA Operator will ever remotely control OCAVE’s UA. OCAVE’s owner is also a member in good 

standing of the Academy of Model Aeronautics (“AMA”) which worked closely with the FAA in formulating its recent Notice of Public Rule 

Making (“NPRM”) regarding the commercial use of UAS in the NAS. 

HOW OCAVE’s UA OPERATIONS WILL BENEFIT THE PUBLIC

Within the FAA’s recent April 2015 NPRM regarding the commercial use of UA, the FAA indicated that it felt that the use of UA was far safer and 

in the public’s interest rather than using full size manned aircraft for similar aerial operations. Each of OCAVE’s UA weigh no more than 5 pounds, 

carry no onboard fuel, are powered by a single 11.1 volt or 15.2 volt LiPo battery, fly no faster than 30 knots, and have no carbon exhaust to impact 

the environment, and can perform aerial videography and photography as well as precision aerial mapping surveys less expensively and with greater 

safety than manned aircraft performing same duties. The average manned helicopter carries people, hundreds of gallons of combustible aviation 

fuel, and are made of metal weighing up to 2 tons. Despite manned helicopters’ exemplary safety record, if one were to fall from the sky, the pilot 

and passengers could be injured or worse, and any property below it could be destroyed and occupants severely injured as well. Electrically powered 

UA weigh 5 pounds and are made of plastic and carry no passengers, pilot, or combustible fuel, and present no danger to the public below their flight 

operations. The use of small Unmanned Aircraft Systems will drastically reduce liability insurance claims since small lightweight UA will be 

performing many of the same aerial film, video, and photographic duties, once performed by full size manned aircraft in a safer, more controlled 

environment.

Whereas manned aircraft, both fixed wing and rotary wing, cannot not fly lower than 500 feet AGL over populated areas, except for rotary wing 

aircraft who may fly below 500 feet AGL in special situations when approved by the FAA and local Air Traffic Control (“ATC”), OCAVE’s UA, on 

the other hand, will fly no higher than 200 feet AGL and as such, will clearly be in the public’s interest that small lightweight Unmanned Aircraft 

Systems be permitted to fly commercially in the NAS to perform duties that were once only possible with manned aircraft.

America has always been a front runner in the sciences, computer technology, and innovation. Other countries have already instituted commercial 

UA operations into their NAS such as the EU and Canada, and now they are reaping the educational, technological, and financial benefits, that UA 

are bringing to their businesses, industries, governments, agriculture and society as a whole. The United States needs to allow small companies like 

OCAVE to operate commercially so that it, like many other small companies utilizing UA, can provide jobs and competition that challenge larger 

corporate entities who have taken the lead in the proposed use of UA commercially and small companies like OCAVE can be part of and contribute 

to the phenomenal growth this technological revolution in small lightweight UA that are being used commercially all over the world, this change 

needs to happen in our NAS sooner rather than later.

DETAILED LIST OF OCAVE’s REQUEST FOR EXEMPTION FROM FARs REGARDING THE COMMERCIAL USE OF UAS FOR 

COMMERCIAL PURPOSES

14 C.F.R. § 11.61 OCAVE respectfully requests the FAA to adopt, amend, or repeal regulations, or grant relief from the requirements of current 

regulations, regarding the commercial use of small, lightweight, UA in the NAS.

14 C.F.R. 21, subpart H In regards to Standard airworthiness certificates which are airworthiness certificates issued for manned aircraft type 

certificated in the normal, utility, acrobatic, commuter, or transport category, and for manned free balloons, and for aircraft designated by the FAA 

as special classes of aircraft., sets forth requirements for procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The 

size, weight and enclosed operational area of OCAVE’s UA permits exemption from Part 21 because OCAVE’s UA meet an equivalent level of 

safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certification requirement under 

both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UA from the 

airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and proximity to areas such as airports and dense 

populations. OCAVE’s UA meet or exceed each of the elements.

14 C.F.R. 45.23(b) in regards to Marking The Aircraft, applicable Codes of Federal Regulation require aircraft to be marked according to certain 

specifications. OCAVE’s UA are, by definition, unmanned. They therefore do not have a cabin, cockpit or pilot station on which to mark certain 

words or phrases. Such small aircraft have almost no surface area on which to place such markings. Regardless, OCAVE will mark its UA in the 

largest possible lettering showing OCAVE’s owner’s name, phone number, and email address, so that the the Operator and Visual Observer as well 

as others working with the UA can see the markings. The FAA has previously issued exemptions to this regulation through Exemptions Nos. 8738, 

10167, 10167A and 10700.

14 C.F.R. § 61.113 (a)(b) Since small lightweight UA are incapable of carrying passengers or Pilot In Charge (“PIC”), OCAVE requests exemption 

from the requirement of a private pilot certificate for Pilot In Command.

14 C.F.R. § 91.7 (a) Prohibits the operation of an aircraft without an airworthiness certificate as to its airworthiness condition, and as such, UA are 

not civil aircraft, carry no passengers or pilot and such a certificate will be applicable in the form contemplated by the FARs in regards to manned 

aircraft, but this regulation is inapplicable in as far as small unmanned aircraft like the ones OCAVE will be using, in that respect, OCAVE requests 

exemption from this regulation.

14 C.F.R. § 91.9 (b)(2) & (c) Requires an aircraft flight manual in and onboard the aircraft. Given the small size of OCAVE’s UA, there is no room 

for a pilot, no cockpit is available, or space within the UA in which to store a flight manual, so this requirement is inapplicable and OCAVE requests 

exemption from this regulation. An equivalent level of safety will be achieved by maintaining a manual at OCAVE’s business location. The FAA 

has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602,

10700 and 32827. OCAVE requests relief from 14 C.F.R. § 91.9 (b)(2) & (c) because of previously requested relief from C.F.R. 45.23(b) in regards 

to proper markings of Aircraft Identification Numbers as in regards to the size limitations that is inherent with small unmanned aircraft.
14 C.F.R. § 91.103(b) As UA are strictly Vertical Takeoff Or Landing (“VTOL”) and require no runways or airport elevation to be concerned with, 

and taking into consideration that UA with a gross weight of 5 pounds or less require very little physical space in which to launch a VTOL UA, this 

requirement is inapplicable and OCAVE requests exemption from this regulation.

14 C.F.R. § 91.109 (a) Small, lightweight, UA are not manned, therefore the FAA requirement that dual flight controls for instructional purposes be 

available is inapplicable, OCAVE requests exemption from this regulation. 

14 C.F.R. § 61.113 (a) & (b), In regards to Private Pilot Privileges and Limitations, private pilots are limited to non-commercial operations. A

private pilot’s license or even a sport pilot’s license could be helpful but will not ensure UA remote control piloting skills, though OCAVE’s 

Operator’s current UA training and certification will and do ensure UA remote control piloting skills. The potential risks associated with OCAVE’s 

UA aerial operations is far less than what is inherent with manned commercial aviation activities outlined in 14 C.F.R. § 61.

14 C.F.R. § 91.119 Refers to Minimum Safe Altitudes which stipulates what safe altitudes for civilian rotary wing and fixed wing aircraft are, and 

be no lower than 500 feet AGL, but allows manned helicopters to be flown at lower altitudes over specific locations with clearance from local Air 

Traffic Control (“ATC”). OCAVE’s UA will never fly higher than 400 feet AGL, but will, however, operate its UA in specifically designated areas 

that were previously reviewed for any potential safety issues and then cleared for flights which will be well within minimum safe altitudes of 200 

feet AGL or less. OCAVE’s UA, flown at such minimum safe altitudes, will be able to land quickly and safely in such a way as to be at a higher level 

of safety than that which could be achieved by manned aircraft in similar situations and in that regard, OCAVE’s UA will pose no danger to the 

public or national security.

14 C.F.R. § 91.121 Regards altimeter settings for manned aircraft, which in the case of small UAS, this is inapplicable as there is no pilot onboard 

to monitor a physical altimeter gauge. OCAVE’s UA automatically take into account their immediate altitude in regards to Mean Sea Level Pressure 

(“MSLP”) via onboard barometric pressure device which automatically “tells” the UA how high it is flying above MSL and exactly the altitude of 

Ground Level below it and this data is relayed to the UA Operator via On Screen Display (“OSD”) through the UAS’s First Person View (“FPV”) 

video relay the UA Operator can see on his video monitor constantly.

14 C.F.R. § 91.151(a) & (b) In part states, “No person can fly under VFR conditions unless there’s enough fuel to fly to the first point of intended 

landing and to [be able] to continue flying 20 minutes after that.” This regulation is in regards to manned aircraft being used to transport the pilot 

and/or passengers to the first intended landing point, with a 20 minute fuel reserve. OCAVE requests exemption from this regulation as its UA will 

not have a pilot onboard, no passengers, and will not be flying to another location and then land for any reason. OCAVE’s small unmanned aircraft 

will only fly to shoot videos or photos of a specific location or perform aerial mapping surveys of a specific area, and then will land back with the 

UA Operator; there never will be a need for either UA to fly to an “intended landing point” for transportation reasons. Each of OCAVE’s UA are 

capable of only 12 minutes and 20 minutes of flight respectively, therefore the regulation’s latter requirement that once an aircraft flies to its first 

point of intended landing and have enough fuel to fly 20 more minutes, is inapplicable. 

14 C.F.R. § 91.203(a) and (b) as per OCAVE’s previous request for exemption from 14 C.F.R. 21 and 14 C.F.R. 45.23(b), the requirement that a 

registration number be on the UA’s fuselage and an airworthiness certificate be affixed near the UA’s cockpit, small unmanned aircraft do not have 

a fuselage nor a cockpit, therefore this regulation that is not applicable.

14 C.F.R. § 91.405 (a), 14 C.F.R. § 91.407 (a)(1), 14 C.F.R. § 91.417 (a) & (b) Maintenance regulations require aircraft owners and Operators to 

“have [the] aircraft inspected as prescribed in subpart E of this part and shall between required inspections, except as provided in paragraph (c) of 

this section, have discrepancies repaired as prescribed in part 43 of this chapter. . . .” These Regulations only apply to aircraft with an airworthiness 

certificate and do not apply to OCAVE should its requested exemption be granted. OCAVE has proven maintenance program that involves constant 

software updates from the UA manufacturer’s website and fixes any damage that may occur to the UA itself by utilizing the repair services of an 

authorized UA repair facility and if any, such repairs will be fixed immediately and documented, thus attaining an equivalent level of safety as that 

of manned aircraft. OCAVE requests exemption from this regulation.

14 C.F.R. § 91.409 (a)(1) & (2) regulation states: “No person may operate an aircraft unless, within the preceding 12 calendar months, it has had and 

annual inspection...by a person authorized by 43.7 of this chapter... An inspection for the issuance of an airworthiness certificate in accordance 

with part 21 of this chapter.” In an previous request noted above, OCAVE requests relief of and exemption from 14 C.F.R. 21, subpart H, an action 

that would negate the need for 14 C.F.R. § 91.409 (a)(1) & (2).

CONCLUSION

Giving OConnor Aerial Videos & Editing LLC these exemptions will allow it to commence commercial operations under the control of an 

experienced and certified UAS Operator with decades of video and film production experience, whose first priority is keeping safety at the forefront 

of all aerial operations and has profit taking a back seat to all other considerations. Being that battery powered UA are inherently safe as compared 

to the use of full-size manned rotary wing and fixed wing aircraft performing similar functions of obtaining aerial video and photographic imagery 

as well as aerial mapping, the use of small, lightweight, Unmanned Aircraft Systems for these tasks makes the most sense and greatly increases 

public safety, which is at its heart, in the public’s interest. OConnor Aerial Videos & Editing LLC operates mostly at minimum flight altitudes and 

rarely needs to ascend to a maximum of 400 feet AGL. OConnor Aerial Videos & Editing LLC will maintain a flight log of all flights, maintain a 

record of any maintenance repairs and upgrades, and will always adhere to all FAA rules and regulations pertaining to the use of UA in the NAS.
Finally, I would like to note that on the FAA’s website published a “News Update” titled: “FAA Streamlines UAS COAs for Section 333”, which 

can be viewed at this link [ http://www.faa.gov/news/updates/?newsId=82245 ] and this FAA article states specifically:

“Section 333 exemption holders will automatically receive a “blanket” 200 foot COA. For new exemption holders, the FAA will issue a COA at the 

time the exemption is approved. Anyone who wants to fly outside the blanket parameters must obtain a separate COA specific to the airspace 

required for that operation.”

OConnor Aerial Videos & Editing LLC respectfully requests that the FAA grant its exemption request without delay as well as provide it the 

required COA once its exemption is granted.

Thank you for taking OConnor Aerial Videos & Editing LLC into consideration in exempting it from FARs regarding commercial use of UAS in the 

United States NAS.

Sincerely,

Albert S. O’Connor

President

OConnor Aerial Videos & Editing LLC d/b/a iDRONE

1010 Black Willow Drive

Oviedo, FL. 32765

p 407-761-4595

e iDRONEcom@aol.com