October 20, 2015

John P. Ondo

Ondo Media LLC 1491 Polaris Parkway

Suite 209 Columbus, OH 43240

614

- 933

- 3191

U.S. Department of Transportation, Docket Operations West Building Ground Floor, Room W12

- 140 1200 New Jersey Ave, SE Washington, DC 20590

RE: Exemp tion Request

– Section 333 of the FAA Modernization and Reform Act of 2012

Attachments:

1) Phantom 2 User Manual V1.6

Dear Sir or Madam,

The purpose of this letter to you today is to petition the Federal Aviation Administration for an exemption from ce rtain Federal Aviation Regulations in order for John Ondo to operate an Unmanned Aerial System (UAS) to perform aerial photography and video for filmmaking for historic documentaries and commercial filmmaking in the United States. As representatives of Ond o Media, we would like to be

able to utilize a UAS to enhance our company’s filmmaking projects which focus on documenting historic areas of the United States. We have already logged more than 50 hours of flight time as hobbyists with the specific UAS that is the subject of this petition.

In accordance with the FAA’s Guidelines for Submitting a Petition for Exemption under Section 333 of the FAA Modernization and Reform Act of 2012, John P. Ondo of Ondo Media is submitting the following information with ou r request:

Petitioner(s): John P. Ondo

Ondo Media LLC 1491 Polaris Parkway

Suite 209 Columbus, OH 43240

614

- 933

- 3191 john@ondomedia.comDescription of Operations

A. The UAS that is the subject of this Petition

a. DJI Phantom 2 Multifunc tional Quad

- Rotor System

Ondo Media LLC currently owns a DJI Phantom 2 model number P330Z with a serial number of

PH64 6000484

, which is equipped with a Zemuse zAxis mount for a GOPRO 3 camera , along with the associated remote control unit, and Immersion 5. 8mhz transmitter which provides a first person view of what the camera is seeing in real time to a receiver monitor mounted on the remote control . Thi s unit is a quad

- copter with a weight of 1, 300 grams (including battery and propellers). Similar units hav e been the subject of prior exemptions by the FAA (examples include: Brian M. Walk / Unmanned Aerial Solutions, Exemption No. 11445, Regulatory Docket No. FAA

- 2015

- 0143; Daniel Achatz / Exemption No. 11434, Regulatory Docket No. FAA

- 2015

- 0201).

The assoc iated remote control unit utilizes an operating frequency of 2.4 GHZ ISM. The communication distance between the remote control unit and the Phantom is 1000m. The UAS also is equipped with a

fail

- safe return

- to

- home mode in the event that the link between the aircraft and the remote control ground station is lost. It also is equipped with on screen flight data and altitude governor to keep the aircraft from taking off in restricted areas. The UAS can operate for approximately 20

- 25 minutes on a fully char ged battery.

A. The UAS Pilot(s) in Command

John Ondo has made numerous flights as hobbyists with this aircraft, accumulating more than 15 hours of flight time with the Subject UAS.

B. UAS Operating Parameters and Intended Flight Profile

John Ondo is a veter an television photographer of over 33 years. John has won many awards for his photography of historic sites including a NATAS Emmy award in 2014. John has shot from helicopters and other aircraft throughout his career. His company specializes in telling th e stories of organizations many of which are non

- profits. Since the buildings and sites he wants to photograph are precious to the community, it’s his upmost priority that the aircraft and those in the area it operates are safe so he can focus on capturing the history of these sites.

The following UAS Operating Procedures will be adopted and followed each time the UAS is flown:

1. All flights will be flown below 300 feet and within a radius distance of 800 feet from the remote control ground unit.

2. The Pilo t In Command will have direct line of sight visual observation of the UAS at all times, and will operate the UAS only within direct line of sight.

3. There will be times when the UAS is flown in close proximity, within 20

- 25 feet of the a building or structu re. When this occurs, the UAS will be operated at less than 3 miles per

hour.4. Prior to the start of a flight, a pre

- flight checklist will be thoroughly completed. This includes verifying a GPS lost

- link procedure which will safely return the UAS in the e vent of a loss of communication between the aircraft and the remote control, as well as other standard safety checks and compass calibration as recommended by the manufacturer. Specific weather conditions are also addressed at this time, and the UAS will n ot be flown in adverse weather conditions, such as heavy wind, rain or snow.

5. We will not fly the aircraft within any US airport air path. We would deny any client that
request.

Sections of 14 CFR From Which Petitioner is Seeking an Exemption

14 CFR Pa rt 21, Subpart H Certification procedures for products and parts, Airworthiness

Certificates

14 CFR Part 36 Noise Standards; Aircraft Type and Airworthiness

Certification 14 CFR § 45.23 Display of marks; general

14 CFR Part 61 Certification: Pilots, Fli ght Instructors and Ground Instructors 14 CFR § 91.7 Civil Aircraft Airworthiness 14 CFR § 91.9 Civil Aircraft Flight Manual, Marking and Placard Requirements 14 CFR § 91.103 Preflight Action 14 CFR § 91.105 Flight Crewmembers at Stations 14 CFR § 91. 109 Flight Instruction 14 CFR § 91.119 Minimum Safe Altitudes: General 14 CFR § 91.121 Altimeter Settings 14 CFR § 91.151 Fuel Requirements for Flight in VFR Conditions 14 CFR § 91.203 Civil Aircraft: Certifications Required 14 CFR § 91.207 Emergency Locator Transmitters 14 CFR Part 91, Subpart E Maintenance, Preventive Maintenance and Alterations

Extent of Relief Sought and Reasons for Seeking the Exemption

14 CFR Part 21, Subpart H

– FAR Part 21 establishes the procedures for issuance of certifi cates of airworthiness, as mandated by 49 U.S.C. § 44704. Under Section 333 and 49 U.S.C. § 44701 (b), the FAA may exempt aircraft from airworthiness certification. The petitioner requests an exemption from the requirements of this part because the size, weight, speed, operational capability and proximity to airports in which the UAS will be flown pose significantly less of a risk than those risks posed by conventional aircraft. Manned aircraft pose risks to the life and safety of the crew; that is not a c onsideration with the subject UAS. Risks to third parties are also minimized given the lightweight and slow speed at which the Subject UAS would operate. Nor are there risks of fuel spilling or fire in the event of an accident. Because of these factors, t he petitioner requests that the FAA waive the requirement that the subject UAS require an airworthiness certificate.

14 CFR Part 36

– FAR Part 36, Subparts A, F and O establish certain noise standards for certification of various aircraft types. Because t he subject UAS would not have an airworthiness certificate, and given its small size and minimal noise impact, the petitioner requests an exemption from FAR Part 36.14 CFR § 45.23

– FAR 45.23 establishes marking requirements for aircraft; paragraph (b) m andates the registration number be displayed in letters not less than two inches in height. The subject UAS is too small to accommodate the type

- size requirement. The petitioner request and exemption from this part.

14 CFR Part 61

– FAR Part 61 sets fort h the certification requirements for pilots. Because the subject UAS would not have an airworthiness certificate, and given its small size and minimal risk factor, the petitioner requests an exemption from FAR Part 61, that would allow him to operate the s ubject UAS for aerial video and photography projects.

14 CFR § 91.7

– FAR 91.7

– (a) No person may operate an aircraft unless it is in an airworthy condition. To the extent that “airworthy” is defined as requiring an airworthiness certificate, the petiti oner requests an exemption from this FAR for the same reasons ad identified in petitioner’s request for an exemption of 14 CFR Part 21, Subpart H. Petitioner will not, however, operate the subject UAS if it is not in a condition for safe flight, as requir ed under FAR 91.7 (b).

14 CFR § 91.9

– FAR 91.9

– requires that all aircraft have certain markings, placards and on

- board flight manuals. Petitioner requests an exemption from this requirement for the same reasons as stated in in petitioner’s request for exemption under 14 CFR Part 21, Subpart H.

14 CFR § 91.103

– FAR 91.103

– mandates certain pre

- flight action. Petitioner will take all necessary

pre

- flight action, but requests an exemption from this requirement based on the interpretation of this requiri ng pre

- flight actions that are appropriate to manned aircraft only.

14 CFR § 91.105

- FAR 91.105

– requires that crewmembers be at designated stations, with safety belts fastened, etc. Petitioner requests an exemption to this due to the fact that the sub ject UAS is unmanned.

14 CFR § 91.109

– FAR 91.109

– requires that persons operating an aircraft for flight instruction may not do so unless that aircraft has fully functioning dual controls. Petitioner requests an exemption due to the fact that the subje ct UAS does not have a second controller or dual control capability, which is consistent with other, similar UAS units.

14 CFR § 91.119

– FAR 91.119

– indicates the minimum safe altitudes over various areas. Petitioner requests an exemption to this, due t o the fact that the subject UAS is intended to be a low

- flying device in order to capture aerial video and photography.

14 CFR § 91.121

– FAR 91.121

– requires various altimeter settings in order to maintain a level flight. Petitioner requests an exemptio n from this FAR as the subject UAS will not have an altimeter that matches the requirements of this FAR. Altitude will be monitored through the DJI Vision app, and the unit will be kept below 300 feet as designated by the indications within that app.

14 C FR § 91.151

– FAR 91.151

– sets forth requirements for amount of fuel on any given flight. Petitioner requests an exemption from this FAR because the subject UAS operates on battery power. The subject UAS will only be operated when there is a minimum of 5 minutes of battery power remaining.

14 CFR § 91.203

– FAR 91.203

– requires that a civil aircraft have an airworthiness certificate and a registration certificate. Petitioner requests an exemption from this FAR because of the reasons stated in petitioner’ s request for an exemption under 14 CFR Part 21, Subpart H.14 CFR § 91.207

– FAR 91.207

– prohibits operation of a US

– registered aircraft unless it is equipped with an emergency locator transmitter. Given the limited distance of flights with the subjec t UAS, and the fact that it will be flown with direct line of sight visibility, petitioner requests an exemption from this

FAR.

14 CFR § Part 91, Subpart E

– requires that owners or operators of aircraft have the aircraft inspected at certain intervals, a nd by certain mechanics. Petitioner requests an exemption from this Subpart because the subject UAS has a maintenance and trouble

- shooting program that is best executed by the owner/operator and is different from that of manned aircraft.

How this request would benefit the public

Aerial photography and video normally require the use of a manned aircraft, either a small airplane or helicopter, adding to already congested airspace. Use of a low

- flying and slow moving UAS does not significantly impact the ai rspace as it is flown at a lower altitude and is more maneuverable and precise than larger, manned aircraft. This also enhances safety around the area being photographed, while also reducing environmental impacts caused by emissions from manned aircraft.

Operations with this UAS will serve property owners a better perspective for progress, details and benefits of the subject being photographed which cannot be achieved by taking photographs from the ground or at higher altitudes in a manned aircraft. Low le vel aerial photography, as provided by a UAS is also a valuable marketing tool that can lead to increased business. This type of photography would typically require us to rent cranes and other devices which can be dangerous and cause traffic delays and

tim e and budget issues. The UAS allows us to bring a whole new dimension not possible with photography from cranes, or even standard cameras mounted in fixed wing aircraft or helicopters.

Why this exemption will not adversely affect safety

A pre

- flight che cklist will be performed prior to each flight to ensure the subject UAS is working properly before taking flight. Because the subject UAS is battery powered and does not carry any flammable fuels,

there is little to no risk of fire in the event of an accid ent. The unit will also always be within a direct visual line of sight of the operator of the aircraft, in order to prevent the subject UAS from flying too close to any structure or people near the site being flown.

The subject UAS is a very small aircra ft, weighing less than 5 pounds, and the likelihood of damage to property or injury to an individual in the event of a mishap is extremely low. Aerial photography in general is still utilized very often, and the risk associated with using the subject UAS i s significantly lower than the risk of traditional aerial photography using an airplane or helicopter.

The subject UAS also has a lost

- link fail safe function that is a part of the system, allowing the unit to

return to its home base if the link between t he remote controller and the unit is lost.

Summary for publishing in the Federal Register

Petition for Exemption under Section 333 of the FAA Modernization and Reform Act of 2012:

Petitioner is seeking an exemption from the following Federal Aviation Re gulations: 14 CFR Part 21, Subpart H ; 14 CFR Part 36 ; 14 CFR § 45.23 ; 14 CFR Part 61 ; 14 CFR § 91.7 ; 14 CFR § 91.9 ; 14 CFR § 91.103 ; 14 CFR § 91.105 ; 14 CFR § 91.109 ; 14 CFR § 91.119 ; 14 CFR § 91.121 ; 14 CFR § 91.151 ; 14 CFR § 91.203 ; 14 CFR § 91.207 ; 14 CFR Part 91, Subpart EDescription of the exemption being sought: The petitioner seeks an exemption from the above

- referenced Federal Aviation Regulations to conduct aerial photography using a small, light unmanned aircraft for the purpose of acquiring photo and video documentation of real estate development and construction progress and sites in order to provide these images and videos to the owners or representatives of these properties.

Conclusion

Mr. Ondo would like to thank the FAA for considering our request. Please do not hesitate to contact us if

there is a need for additional information.

Respectfully Submitted,

John P. Ondo

President/Creative Director

Ondo Media LLC

Petitioner