Marx Okubo Associates Inc. 

Architecture, Engineering, Construction Consulting 

c/o Stephen Chenot, S.E., Senior Associate 

Gary Cohn, AIA, Senior Vice President 

Stephen_chenot@marxokubo.com 

Gary_Cohn@marxokubo.com 

o 949.660.8908 

c 714.454.7980 

To : 

U. S. Department of Transportation Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 

Date: February 22, 2016 

RE: Petition of Marx Okubo Associates Inc., for Exemption Pursuant to Section 333 of the FM Reform 

Act of 2012. 

Attn: To Whom It May Concern: 

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 

C.F.R. Part 11, Marx Okubo Associates Inc., operator of Small Unmanned Aircraft Systems {"sUASs") 

equipped to conduct aerial photography and videography, hereby applies for an exemption from the 

listed Federal Aviation Regulations {"FARs") to allow commercial operation of its sUASs, so long as such 

operations are conducted within and under the conditions outlined herein or as may be established by 

the FAA as required by Section 333.1. 

As described more fully below, the requested exemption would permit the operation of small, 

unmanned and relatively inexpensive sUAS under controlled conditions in airspace that is 1) limited 2) 

predetermined and 3) controlled. The proposed exemption, if granted, would allow Marx Okubo 

Associates Inc. to conduct commercial operations of small unmanned aircraft systems sUAS 

meeting or exceeding all of the operational and safety requirements Congress has set forth in Section 

333, Page 2. 

Statutory Authority Section 333, titled "Special Rules for Certain Unmanned Aircraft Systems", provides 

a mechanism for seeking expedited FM authorization of safe civil sUAS operations in the NAS. Section 

333{a) states that the FM "shall determine if certain unmanned aircraft systems may operate safely in 

the national airspace system before completion of the (comprehensive) plan and rulemaking required 

by section 332(b){l) of this Act or the guidance required by section 334 of this Act." In Section 

332{b){l), Congress made it clear that Section 333 provides a mechanism for "expedited operation 

authorization" if several factors are met. Petitioner meets all requirements to permit FAA approval of 

commercial UAS operations. 

FEDERAL REGISTRY SUMMARY 

The Petitioner Requests Relief From the Following: Regulations from which the exemption is requested: 

14 C.F.R. Part 2114 C.F.R. 45.23 (b) 14 C.F.R. 61.113(a) and (b) 14 C.F.R. 91.7 (a) 14 C.F.R. 91.9 (b) 

(2) 14 C.F.R. 91.109 14 C.F.R. 91.119 14 C.F.R. 91.121 Page 3 14 C.F.R. 91.151(a) 14 C.F.R. 91.203 

(a) & (b) 14 C.F.R. 91.205 (b) 14 C.F.R. 91.215 14 C.F.R. (91.401- 91.417) 
GOALS OF THE MARX OKUBO ASSOCIATES INC. UAS SERVICES 

Marx Okubo Associates Inc. is an architecture, engineering, and construction consulting company which 

is an employee-owned company (ESOP). The company began in 1982 with the mission of using 

pragmatic construction expertise to solve problems in a troubled real estate market. As of 2016, the 

company has grown to nine regional offices and over 100 professional staff. Marx Okubo Associates Inc. 

plans to exploit the capabilities of sUAS to improve our current professional services, which include aerial 

surveying, construction site monitoring and surveying, and real estate photography/videography for our 

clients involved with commercial real property. 

The sUAS’ utilized by Marx Okubo Associates Inc. will provide a safer and more efficient means of 

information gathering for our current and future clients. On active construction sites, the sUAS will allow 

for less exposure to construction site traffic, and reduce the need for equipment to provide access to high, 

elevated parts of buildings. This will reduce the exposure to falls, one of the most frequent causes of 

construction site injuries and fatalities. On existing structures, the sUAS will allow for preliminary surveys 

of exterior building surfaces for structural and architectural concerns. This will reduce and/or eliminate 

the need for elevated and/or suspended platforms, such as window washing equipment, to perform the 

same survey tasks. 

UAS INFORMATION 

For organizational purposes, sUAS devices operated by Marx Okubo Associates Inc. will be referred to by 

a designation code consisting of the year the device was registered and the device number: “2015-01”. 

As of the time of this exemption application, Marx Okubo Associates Inc. currently owns one device. 

1. Marx Okubo UAS #2015-01. 

We are petitioning for exemption to enable Marx Okubo Associates Inc. to operate a DJI Vision 2 sUAS 

upgraded to the Version 3.14 firmware and equipped with a single-axis camera gimbal and using a HighDefinition camera. This sUAS has a built-in capability to limit the height it flies above the ground 

and to limit the radius of the distance it flies from the operator. The Vision 2 also has the failsafe 

function of the autopilot system which means when the communication between the Main Controller 

and the transmitter is disconnected, the outputs of all command sticks from controller will go to the 

center position. If the GPS signal is good enough, the system will automatically trigger a Return to Home 

function and will automatically land safely. 

Please refer to the included DJI Vision 2 Instruction Manual for the performance limitations and flight 

operations. 

Aircraft weight is approximately 2.5 lbs with battery, 1-Axis Camera Gimbal, and Camera. 

Controller / FCC Information: The Vision 2 Remote Controllers will be used for controlling the sUAS and 

complies with part 15 of the FCC rules. Operation is subject to the following two conditions: (1) This 

device may not cause harmful interference, and (2) this device must accept any interference received, 

including interference that may cause undesired operation. The Vision 2 radio transmitter used for 

controlling the sUAS is wireless technology which has been tested and found to be compliant with the 

applicable regulations governing a radio transmitter in the 2.400GHz frequency with a maximum 

transmission distance of 2km. Antenna Separation Distance when operating our Vision 2 transmitter, the 

PIC will maintain a separation distance of at least 5 cm between his body (excluding fingers, hands, 

wrists, ankles and feet) and the antenna to meet RF exposure safety requirements as determined by FCC 

regulations. 
PILOT IN COMMAND (PIC) INFORMATION 

Mr. Stephen Chenot, a licensed Structural Engineer in the state of California, currently holds a Private 

Pilot Single Engine Land Certificate. Mr. Chenot has been a licensed pilot since August 17, 1978 flying a 

multitude of private aircraft and accumulated over 150 hrs of flight time. Also, Mr. Chenot has been active 

in Radio Controlled Aircraft for over 3 years with experience in rotary wing aircraft, with over 25 hrs flying 

sUAS. In his free time, Mr. Chenot is active in his community with several non-profit charitable and 

religious organizations, he is a volunteer Orange County Sherriff Reserve Sargent and volunteer Orange 

County Fire Authority, OES and FEMA Urban Search and Rescue Structures Specialist.

PIC DUTIES 

The PIC will maintain at least a Sport Pilot or Private Pilot Certificate and a current Class Ill medical 

certificate, plus at least 2 hours flying time and 3 takeoffs and landings within 30 days in the type of UAS 

utilized in operations. The PIC will have at least 100 hours total time and at least 30 hours flying Radio 

Controlled Model Aircraft of which will be 10 hours flying sUAS's. The PIC is responsible for the safe and 

efficient operation of the aircraft. Specific duties include all preflight preparation, in-flight operation, postflight requirements, all procedures including but not limited to: Safe in-flight operations; Risk Mitigation to 

Persons and property; Airfield Suitability. The PIC will generally serve as the task leader, and be assisted 

by an Observer. 

OBSERVER DUTIES 

The Observer must have the visual acuity to observe the sUAS and be able to communicate clearly with 

the PIC. The Observers duties are: -- warning the PIC of any impending obstacles in the flight path of the 

sUAS. -- warning the PIC of any deviations in the planned flight path of the sUAS. -- warning the PIC 

should any unauthorized personnel appear in the area of the planned flight. The Observer will have the 

authority to order the PIC to terminate the flight should he feel the flight cannot be conducted safely. 

TRAINING OPERATIONS 

Training will be conducted at one of several local Radio Control Club flying fields or public parks (where 

allowed by the local authority/jurisdiction), near the Marx Okubo Associates Inc. home office. Training will 

be supervised by the PIC, and consist of the aforementioned pre-flight inspection, and the practice of 

flight and aerial photography tasks associated with meeting our client’s needs. Training will be provided 

for both the PIC, future PIC’s pursuing private pilot licensure, and Observers. 

FLIGHT OPERATIONS 

Maintenance: The sUAS will be maintained in accordance with the manufacturer’s instruction manual and 

only manufacturer's authorized replacement parts will be used. Marx Okubo Associates Inc. has built 

relationships with several sUAS vendors and maintenance companies near the Marx Okubo Associates 

Inc. offices in Irvine, California for major repairs or maintenance. 

Pre-Flight: A Pre-flight inspection will be performed by the PIC and the Observer in accordance with the 

factory instruction manual and Marx Okubo Associates Inc. company safety guidelines. Appropriate care 

of the sUAS will be taken at all times during packaging, storing, and while in transit. Marx Okubo 

Associates Inc. has a variety of manufacturer recommended replacement parts on-hand with the device 

at all times. Parts needing replacement will be replaced prior to flight operations, in accordance with the 

manufacturer’s recommendations. The sUAS will not be flown if deemed unsafe or insufficiently prepared 

for flight. 
In-Flight: In flight tasks are generally anticipated to consist of, but are not limited to, still photography, 

videography from a stationary mid-air position, and videography while in controlled motion. 

Post-Flight: A visual post-flight inspection of the sUAS will be performed by the PIC and the Observer. 

Appropriate care of the sUAS will be taken at all times during packaging, storing, and while in transit. 

GENERAL OPERATING STANDARDS 

• Marx Okubo Associates Inc. will only operate its sUAS in line of sight of a pilot and/or observer and 

will operate at sites that are a 'sufficient distance' from populated areas. Such operations will insure 

that the sUAS will "not create a hazard to users of the national airspace system or the public." 

• Before an operation of a sUAS within SNM of an airport with a control tower, the control tower will be 

notified to gain permission to operate the sUAS. The PIC will give the position, altitude and the times 

the sUAS will be operated. The sUAS will not be operated at an altitude of over 300 feet AGL. Weather 

minimums will be 3 miles visibility and a 1000 foot ceiling. 

Before an operation of a sUAS within SNM of a non-tower controlled, airport operators will be notified 

and the PIC will give the right of way to avoid flying in the proximity of full-scale aircraft. At no time will 

the sUAS be operated within the final approach course and the takeoff course of any runway. 

• Maximum flight time for each operational flight will be 30 minutes. Flights will be terminated at 33% 

battery power reserve should that occur prior to the 30 minute limit. 

•The sUAS will be programmed so that it will not be operated at an altitude of more than 400 feet AGL, 

and not more than 200 feet above an elevated platform from which filming is planned. 

• Minimum crew for each operation will consist of the sUAS Pilot, and Visual Observer. 

•The sUAS operated by the petitioner weighs less than 55 pounds, including the payload (i.e. camera, 

lens, and gimbals). 

•The sUAS will operate at speeds of no more than 25 knots, can hover, and can simultaneously move 

vertically and horizontally. 

• Given the small size of the sUAS and the restricted sterile environment within which they will operate, 

our sUAS operations adhere to the Reform Act's safety requirements. 

FLIGHT GUIDELINES 

(a) No flight will be made with a Gross weight exceeding 55 pounds; 

(b) All operations must occur in FAA Class G airspace at no more than 400 ft AGL, at an airspeed of no 

more than 25 knots and no further than 3/4 NM from the PIC; 

(c) All operations must utilize a visual observer (VO). The VO and PIC must be able to communicate by 

voice at all times during a flight operation; 

(d) Operations will be restricted to flights over private property with the permission of the property 

owner; 

(e) All required permits will be obtained from state and local government prior to operation; 
(f) Marx Okubo Associates Inc. sUAS aircraft will not be operated over densely populated areas; 

(g) Marx Okubo Associates Inc. sUAS aircraft will not be operating over any open-air assembly of 

people; 

(h) Marx Okubo Associates Inc. sUAS aircraft will not be operating over heavily trafficked roads; 

(i) Marx Okubo Associates Inc. sUAS aircraft will not be operating at night. 

EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY 

Marx Okubo Associates Inc. requests an exemption from the following regulations as well as any 

additional regulations that may technically apply to the operation of the sUAS System: 

14 CFR Part 21, Airworthiness Certificates This part establishes the procedures for the issuance of an 

airworthiness certificate. While the FAA continues to work to develop airworthiness standards for 

Unmanned Aerial Systems, we request an experimental certificate be issued for the DJI Vision 2 

under either or both of the following provisions: 21.191 Experimental certificates. Experimental 

certificates are issued for the following purposes: (a) Research and development. Testing new aircraft 

design concepts, new aircraft equipment, new aircraft installations, new aircraft operating techniques, 

or new uses for aircraft. (b) Showing compliance with regulations. Conducting flight tests and other 

operations to show compliance with the airworthiness regulations including flights to show compliance 

for issuance of type and supplemental type certificates, flights to substantiate major design changes, 

and flights to show compliance with the function and reliability requirements of the regulations. Since the 

experimental certificate can be used for commercial purposes such as market surveys, sales 

demonstrations, and customer crew training, we would expect that an experimental certificate would 

permit our commercial purpose as well. The aircraft will not carry persons or property, will not carry 

fuel, and will only fly under strict operational requirements. Combined with the sUAS's light weight, being 

constructed primarily of carbon fiber and plastic, we propose that the sUAS will be at least as safe, if not 

safer, than a conventionally certificated aircraft performing the same mission. If an experimental 

airworthiness certificate is not appropriate for this application, then we request an exemption of 14 CFR 

Part 21, Subpart H, and the requirement for an airworthiness certificate in general, citing the equivalent 

level of safety outlined in the previous paragraph. 

14 CFR 45.23 Display of marks; general and 45.29 Size of marks. These regulations provide that each 

aircraft must display "N" and the aircraft's registration number in letters at least 3 inches high. 

Additionally, the aircraft must display the word "EXPERIMENTAL" in letters at least 2 inches high near 

the entrance to the cabin, cockpit, or pilot station. The sUAS does not have an entrance in which the 

word "EXPERIMENTAL" can be placed, and may not have a registration number assigned to it by the 

FAA. We propose to achieve an equivalent level of safety by including the word "EXPERIMENTAL" in the 

placard on the top of the aircraft, as shown above, where the PIC (Pilot In Control), VO (Visual Observer) 

and others in the vicinity of the aircraft while it is preparing for launch will be able to see the 

designation. Additionally, we feel that the permanent placard discussed in the previous paragraph will 

provide the aircraft's registration information at the ground station. Finally, we will display at the ground 

station a high contrast flag or banner that contains the words "Unmanned Aircraft Ground Station" in 

letters 3 inches high or greater. Since the aircraft will operate within 3/4 NM of the ground station, the 

banner should be visible to anyone that observes the aircraft and chooses to investigate its point of 

origin. 

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 Commercial pilot 

privileges and limitations. The regulation provides that no person that holds a Private Pilot certificate 

may act as pilot in Command of an aircraft for compensation or hire. Subparagraph {b) allows a private 

pilot to act as pilot in command of an aircraft in connection with any business or employment if: (1) The 

flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or 

property for compensation or hire. Our proposed operations require that the PIC must hold at least a 

Private Pilot Certificate with a Class Ill Medical issued by the FAA and since the aircraft cannot carry 
passengers or property, we feel we meet the intent of 61.113 Subparagraph (b) even though the intent 

of this application is to conduct a business. 

14 CFR 91.7 Prohibits the Operation of an aircraft without an airworthiness certificate. As no such 

certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable. 

14 CFR 91.9 Civil aircraft flight manual, marking, and placard requirements. This regulation provides 

that no person may operate an aircraft unless a current, approved flight manual is in the aircraft. We 

assume that the intent of this requirement is to ensure that flight manual information is available to the 

aircrew while operating the aircraft. We request an exemption to this requirement since the aircraft is 

not only too small to carry documentation, the documentation would not be available to the crew 

during flight operations. To obtain an equivalent level of safety and meet the intent of 91.9, we propose 

that a current, approved sUAS Flight Manual must be available to the crew at the ground station 

anytime the aircraft is in, or preparing for, flight. 

91.119 Minimum safe altitudes: General. The regulation states that over sparsely populated areas the 

aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the 

typical mission of the sUAS would be photography or survey of persons, vessels, vehicles or structures it 

would be necessary to operate closer than 500 feet to the items listed. Operations will only be flown 

over property or persons where permission has been obtained and careful pre-planned flight path has 

been performed. The aircraft will be operated at a low altitude allowing, if a power unit fails, an 

emergency landing without undue hazard to persons or property on the surface. Therefore, we maintain 

that due to the small size of the sUAS, the hazard to persons, vehicles and structures is minimal 

compared to manned aircraft, which should be considered in granting the exemption. 

CFR 91.121 Altimeter settings. The regulation requires that aircraft shall maintain cruising altitudes by 

reference to an altimeter setting available within 100 NM of the aircraft. The sUAS will always fly below 

400 feet AGL and will not need to maintain cruising altitudes in order to prevent conflict with other 

aircraft. An Above Ground Level altimeter measurement above the takeoff point is transmitted via radio 

from the sUAS on-board computer to the display screen held by the PIC, providing a constantly updated 

AGL readout. 

14 CFR 91.151 Fuel requirements for flight in VFR conditions. The regulation provides that no person 

may begin a flight in an airplane under day-VFR conditions unless there is enough fuel to fly to the first 

point of intended landing and to fly after that for at least 30 minutes. We feel the intention of this 

paragraph is to provide an energy reserve as a safety buffer for delays to landing. The sUAS is battery 

operated and the maximum duration of flight from a single battery charge is 12 minutes with a 20% 

reserve. Since the aircraft will never fly more than 3/4 NM from the point of intended landing, a full 

battery charge at launch will ensure that we meet the reserve energy requirement of this paragraph. We 

request an exemption to the word "fuel" and ask for an equivalent interpretation with the word 

"energy". 

14 CFR 91.203(a) & (b) Civil aircraft: Certifications required. The regulation provides that an 

airworthiness certificate, with the registration number assigned to the aircraft and a registration 

certificate must be aboard the aircraft. Additionally, subparagraph (b) provides that the airworthiness 

certificate be "displayed at the cabin or cockpit entrance so that it is legible to passengers or crew." At a 

maximum gross weight of 6.5 pounds, the sUAS is too small to carry documentation, does not have an 

entrance, and is not capable of carrying passengers or crew. To obtain an equivalent level of safety and 

meet the intent of 91.203, we propose that documents deemed appropriate for this aircraft by the FAA 

will be with the crew at the ground control station and available for inspection upon request. In order to 

identify the aircraft, we propose that the information found on airworthiness and registration 

certificates be permanently affixed to the aircraft via placard containing the following information plus 

the word "EXPERIMENTAL" to satisfy the requirement of 14 CFR 45.23. 
14 CFR Subpart E (91.401- 91.417)- Maintenance, Preventive Maintenance, Alterations The regulation 

provides that the operator is primarily responsible for maintaining the aircraft in an airworthy condition, 

including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require that the aircraft be 

"approved for return to service by a person authorized under 43.7" after maintenance and inspection. It 

is our intention that the PIC perform maintenance and inspection of the aircraft and "be authorized to 

approve the aircraft for return to service." The PIC will ensure that the aircraft is in an airworthy 

condition prior to every flight and in addition conduct detailed inspections after every two hours of 

flight. Maintenance performed by the PIC is limited to repairing small cracks, replacing a propeller, 

checking electrical connections and updating software and firmware for the on-board computer. All 

other maintenance will be performed by the manufacturer or their designated repair facility. The PIC will 

document work performed in accordance with 91.417. We feel that due to the size, construction, and 

simplicity of the aircraft, the PIC can ensure an equivalent level of safety. 

PUBLIC INTEREST, SAFETY, AND BENEFITS 

Marx Okubo Associates Inc. will be using the sUAS in a variety of applications that generally may require 

expensive full-size manned aircraft or manned construction equipment to complete. Small, light, 

unmanned aerial vehicles offer myriad benefits over the use of full-sized manned aircraft for tasks 

including precision agriculture, film-making, power line and pipeline inspections, oil and gas flare stack 

inspections, and construction surveying and monitoring. Replacing significantly larger manned aircraft 

carrying crew and flammable fuel with small sUAS carrying no passengers or crew creates a much 

greater margin of safety. 

The sUAS, powered by batteries, is smaller, lighter and more maneuverable than larger aircraft running 

on combustible fuel. It operates at lower altitudes than those with crew or passengers, and will thereby 

reduce current risk levels, and thereby enhance safety and diminish the likelihood of death or serious 

bodily injury. 

With a small payload and maximum flight time of only 20 minutes, the sUAS offers little or no risk to 

national security. 

Regarding imagery, low level oblique photos and video from several angles are far more effective than 

ground based imagery for displaying the characteristics of large, complex properties with several 

buildings. As compared to manned aircraft, the sUAS benefits of reduced cost and improved quality of 

presentation will be valuable to and benefit many buyers and sellers of real property. 

Regarding community involvement, Marx Okubo Associates Inc. supports several non-profit charity 

entities and religious organizations in the Southern California area. As requested, Marx Okubo 

Associates Inc. may offer sUAS aerial photography services on a reduced cost or pro-bono basis, while 

adhering to the guidelines set forth in this exemption. 

By granting Marx Okubo Associates Inc’s requested exemptions, the FAA will help drive development of 

safe and successful commercial sUAS operations and will advance the public knowledge base for such 

operations. Marx Okubo Associates Inc. is committed to promoting the sUAS research efforts of 

policymakers, and is willing to share data from its commercial sUAS operations and serving as a resource 

for future sUAS research operations. Thus, the FAA has good cause to grant this Petition. 
CONCLUSION 

In summary, all the sUAS which Marx Okubo Associates Inc. would use, under authorization by the US 

DOT-FAA, are small, light-weight devices operated within the line of sight (LOS) of the Pilot-in Command 

(PIC}, less than 400 feet above the ground and outside 5 miles from any airport, heliport, seaplane base, 

spaceport, or other location with aviation activities, unless the air traffic control authorities (ATC) have 

been notified and have authorized each flight within a radius of this distance. 

All of our sUAS have proven capability for controlled flight. They are devices offered for general sale on 

the market around the world and have often been used as Model Aircraft in the USA. We are certain that 

the studies conducted until now by the FAA, about Section 332, Public Law 112-95, 2014, have already 

provided you with the assurances on the airworthiness of sUAS such as ours. 

For the foregoing reasons, the exemptions requested herein should be granted and Marx Okubo 

Associates Inc. should be permitted to conduct sUAS operations in accordance with its manuals 

and all other operating parameters deemed necessary and appropriate by the FAA. The submission of 

this application and its contents is the best demonstration that indeed it is possible to pursue the 

authorization process so that some sUAS may be used for legitimate commercial activities and under 

reasonably safe conditions. 

Signed, 

Stephen Chenot, Structural Engineer 

Marx Okubo Associates Inc. 

Senior Associate 

Gary Cohn, Architect 

Marx Okubo Associates Inc. 

Senior Vice President