JSM Marketing, LLC

299 Main Street

Webster, Ma 01570

11/20/15

U.S. Department of Transportation

Docket Management System

1200 New Jersey Avenue, SE

Washington, D.C. 20590

by/for JSM Marketing, LLC

299 Main Street

Webster, Ma 01570

RE: Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation 

Regulations from 14 C.F.R. Part 21;14 C.F.R. 45.23(b); 14 C.F.R. 61.113(a)&(b);

91.7(a);91.9(b) (2); 91.103(b);91.109;91.121;91.151(a); 91.203(a)&(b);91.405(a);

91.407(a) (1); 91.409(a) (2); 91.417(a)&(b)

Dear Sir or Madam:

This petition is being submitted with no legal counsel or consulting services.

I am submitting a petition for exemption for unmanned aircraft systems operations on 

behalf of my company JSM Marketing, LLC, pursuant to the FAA Modernization and 

Reform Act of 2012 and the procedures contained within 14 C.F.R. 11. I am the owner 

of this business. I am born in the United States of America, and currently reside in 

Massachusetts. I am also a graduate of Long Island University with a degree in 

Pharmacy. I also am pursuing a career in real estate in the state of Massachusetts.

I am making a request for a waiver of the sections listed above so that my business, 

JSM Marketing, LLC, can legally operate unmanned aircraft systems commercially in 

order to conduct aerial photography and videography services for residential, 

commercial and industrial real estate, to survey privately owned land, inspections, and 

for events and promotional purposes, motion picture production, surface mining, 

disaster and catastrophe events closed set motion picture and television filming. I

understand that the current regulations require that a licensed pilot be at the controls of 

all unmanned aerial systems, and as a business, we intend to adhere to these 

regulations.

All sUAS flights that will occur over private or controlled access property will do so with 

the property owner's prior consent and knowledge. Only people who have consented or 
otherwise have agreed to be in the area where photography and videography will take 

place will be captured in any photos or videos.

I am requesting the following exemptions under Section 333 of the FAA Reform Act of 

the Federal Aviation Regulations:

14 C.F.R. Part 21;

14 C.F.R. 45.23(b);

14 C.F.R. 61.113(a)&(b);

91.7(a);

91.9(b) (2);

91.103(b);

91.109;

91.121;

91.151(a);

91.203(a)&(b);

91.405(a);

91.407(a) (1);

91.409(a) (2);

91.417(a)&(b)

Suggested Public Federal Register Summary:

“The petitioner is seeking an exemption to operate an unmanned aircraft system (UAS)

under the new FAA “Summary Grant” approach, announced April 9th, 2015

(http://www.faa.gov/news/updates/?newsId=82485) that will help speed up Section 333

exemption approvals for many commercial UAS operators prior to finalizing the small

UAS proposed rules published this past February. It is my understanding that the FAA 

will still review each Section 333 petition individually. However, I am hoping that the 

agency will accept my particular petition, and include it in the next summary grant, and 

issue me an exemption on the presumption that the FAA has “already granted a 

previous exemption similar to this request”. Apparently, the new interim policy includes 

the granting of a Certificate of Waiver or Authorization (COA) for flights at or below 200 

feet to any UAS operator with a Section 333 exemption for aircraft that weigh less than 

55 pounds, operate during daytime Visual Flight Rules (VFR) conditions, operate within 

visual line of sight (VLOS) of the pilots, and stay certain distances away from airports or 

heliports such as 5 nautical miles (NM) from an airport having an operational control 

tower; or 3 NM from an airport with a published instrument flight procedure, but not an 

operational tower; or 2 NM from an airport without a published instrument flight 

procedure or an operational tower; or 2 NM from a heliport with a published instrument 

flight procedure. It is also understood that the “blanket” 200-foot COA allows flights 

anywhere in the country except restricted airspace and other areas, such as major 

cities, where the FAA prohibits UAS operations.
UAS Description:

Although I am asking for an exemption for piloting unmanned aircraft systems up to 55 

pounds, JSM Marketing, LLC plans on using commercially manufactured systems that 

will weight much less – somewhere between three and ten pounds. We are petitioning 

for exemption to enable JSM Marketing, LLC to operate a series of UAS platforms such 

as the DJI Phantom2, DJI Phantom 2 Vision, DJI Phantom 2 Vision+, DJI Inspire, DJI 

S1000, DJI S900, DJI S800, Flamewheel 550, Q500 Typhoon, DJI Phanton 3, 3D 

Robotics Iris, 3DRobotics Iris+, and the 3D Robotics Solo drones, Cinestar 8 Octo, 

Altavian Nova F6500, Blade 350 QX3, AgEagle, 3DRobotics X8, SenseFly eBee, 

Yuneec Q500 Typhoon, DraganFlyer X4-ES, Trimble UX5, and Microdrones MD4 –

weighing much less than 25 pounds. From a safety and operational perspective, both 

of these units can be manually operated and software controlled making flight more 

predictable. These units have “return to home” features, geo-boundary limitations, and 

other safety features built into their hardware and software. Both of the companies that 

manufacture these devices have excellent reputations for providing all of the necessary 

tools and education to fly safely and respect FAA rules and regulations.

These UAS systems have limited flying time capabilities (approximately 20 minutes of 

flight on a charge), do not carry anything other than a camera, operate by battery 

power, and do not carry flammable fuel. In fact, in the event of the loss of 

communications with the pilot, these devices are programmed to “return to home” 

and/or travel a pre-determined route to land safely.

All pilots who operate unmanned aircraft systems for JSM Marketing, LLC will be 

licensed pilots and will receive proper training on the UAS that they will be flying. Each 

pilot will be responsible for assuring that their UAS is airworthy before each flight, and 

will be responsible for conduction pre and post flight inspections. At no time during a 

flight will the UAS ever be out of line of site, and aircrafts will never be flown more than 

35 miles per hour.

Additional Points:

UAS technology is changing rapidly, and so are the people that are piloting them. I 

understand the importance of choosing reliable products that are built by reliable 

companies. Both DJI and 3D Robotics are companies managed by smart people who 

work closely with their pilot-clients to improve their products and the safety of them. 

Both of these companies respect the FAA’s rules and regulations and understand the 

value that a trained pilot adds to the safe operation of their products.

Flight Operations and Maintenance: 

For the purpose of UAS activities, all flying will take place in VFR conditions and will end 

when the battery reserves reach 25 percent. Preflight and post-flight check lists will be 
used to help identify any defects prior to and after flight. Any UAS that do not meet the 

qualifications for safe flight will be removed from service until they have been repaired 

and deem airworthy. A flight briefing will take place before each flight and shared with 

anyone in the general vicinity of the flight.

All flying activity will be in accordance with current FAA UAS rules and regulations.

How this Request is to the Betterment of our Community

We believe that the use of UAS to perform agricultural land imaging creates a benefit to 

the public. The ability to use an onboard geo-referenced still camera to collect highresolution data that can be used to increase crop production and reduce unnecessary 

chemical use will provide a less expensive and healthier food supply to the public. The 

unmanned aircraft does not carry any persons or flammable liquids, reducing public 

exposure in the event of an incident. Finally, the unmanned aircraft can be launched 

and recovered from the property which we have been contracted to image. The ability to 

avoid overflying private and public properties provides the public with the benefit of 

privacy from aircraft flying overhead. Unmanned Aircraft Systems (sUAS) are also a 

feasible method to obtain information of agricultural cropland to determine optimum 

inputs that result in cost savings to farmers, yield security, and reduce environmental 

impact of excess fertilizers and chemicals in the soil.

Section 333 Compliance and Appropriateness: 

Based on the size of the craft that we will be using, the experience of the owner of the 

company, and operational goals, this request appears to be well suited for approval 

using the current criteria outlined in Section 333 of the FAA Modernization and Reform 

Act of 2012 (including new interim policies).

I eagerly await your approval.

Sincerely,

JSM Marketing, LLC

Mark J Rubin

299 Main Street

Webster, Ma 01570