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: Exemption 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 certain 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 Ondo 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 our request:

Petitioner(s): John P. Ondo

Ondo Media LLC

1491 Polaris Parkway

Suite 209

Columbus, OH 43240

614-933-3191

john@ondomedia.com
Description of Operations

A. The UAS that is the subject of this Petition

a. DJI Phantom 2 Multifunctional Quad-Rotor System

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

PH646000484, which is equipped with a Zemuse zAxis mount for a GOPRO3 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. This unit is a 

quad-copter with a weight of 1,300 grams (including battery and propellers). Similar units have 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 associated 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 islost. 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 charged 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 veteran 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 the 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 isflown:

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 Pilot 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 structure. 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 event 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 not 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 Part 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, Flight 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 certificates 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 consideration 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, the 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 the 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) mandates 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 forth 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 subject 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 petitioner 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 required 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 

requiring 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 subject 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 subject 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 to 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 exemption 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 CFR § 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 powerremaining.

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 subject 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, and 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 airspace 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 level 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 

time 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 checklist 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 accident. 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 aircraft, 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 is 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 the remote controller and the unit islost.

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 Regulations:

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 E
Description 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