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 Ex emption 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., oper ator of Small Unmanned Aircraft Systems {"sUASs") equipped to conduct aerial photography and videogra phy, 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 condi tions outlined herein or as may be established by the FAA as required by Section 333.1.

As described more fully below, the requested ex emption would permit the operation of small, unmanned and relatively inexpensive sUAS under controll ed conditions in airspace that is 1) limited 2) predetermined and 3) controlled. The proposed ex emption, if granted, would allow Marx Okubo Associates Inc. to conduct commercial oper ations 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 Rule s 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 cert ain 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 3 33 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: R egulations 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, engi neering, 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 prof essional 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 surveyin g, 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 ou r current and future client s. On active constructi on sites, the sUAS will allow for less exposure to construction site traffic, and r educe the need for equipment to provide access to high, elevated parts of buildings. This will reduce the ex posure to falls, one of the most frequent causes of construction site injuries and fatalit ies. On existing structures, the sU AS will allow for preliminary surveys of exterior building surfaces for structural and arch itectural concerns. This will reduce and/or eliminate the need for elevated and/or suspended platforms, su ch as window washing equipment, to perform the same survey tasks.

UAS INFORMATION

For organizational purposes, sUAS devices operated by Ma rx 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 sUASupgraded 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 fr om 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 Instructi on 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) th is 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. An tenna Separation Distance when operating our Vision 2 transmitter, the PIC will maintain a separation distance of at l east 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 t he state of California, cu rrently 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 hr s of flight time. Also, Mr. Chenot has been active in Radio Controlled Aircraft for over 3 years with expe rience 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 S port Pilot or Private Pilot Certific ate and a current Class Ill medical certificate, plus at least 2 hours flying time and 3 tak eoffs 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 flyi ng sUAS's. The PIC is responsible for the safe and efficient operation of the aircraft. Specific duties incl ude all preflight preparation, in-flight operation, postflight requirements, all procedures including but not li mited 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 pl anned 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 s hould 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/juri sdiction), near the Marx Okubo Associates Inc. home office. Training will be supervised by the PIC, and consist of the aforem entioned pre-flight inspection, and the practice of flight and aerial photography tasks associated with meeti ng 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 accordan ce 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 mainten ance 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 In c. company safety guidelines. Appropriate care of the sUAS will be taken at all times during packag ing, storing, and while in transit. Marx Okubo Associates Inc. has a variety of manufacturer re commended replacement parts on-hand with the device at all times. Parts needing replacement will be replac ed 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 t he sUAS will be performed by the PIC and the Observer. Appropriate care of the sUAS will be taken at all ti mes during packaging, storing, and while in transit.

GENERAL OPERATING STANDARDS

• Marx Okubo Associates Inc. will only operate its sU AS in line of sight of a pilot and/or observer and will operate at sites that are a 'sufficient distanc e' from populated areas. Such operations will insure

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

• Before an operation of a sUAS within SNM of an air port 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-tow er controlled, airport op erators 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 co urse and the takeoff course of any runway.

• Maximum flight time for each operational flight w ill 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 op erated 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 cons ist 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 exce eding 55 pounds;

(b) All operations must occur in FAA Class G airspa ce 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 vi sual 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 priv ate property with the per mission of the property

owner;

(e) All required permits will be obtained from st ate 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 w ill 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 exempti on 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 continue s to work to develop airworthiness standards for Unmanned Aerial Systems, we request an experimen tal certificate be issued for the DJI Vision 2 under either or both of the following provisions : 21.191 Experimental cert ificates. Experimental certificates are issued for the following purposes: (a) Research and development. Testing new aircraft design concepts, new aircraft equipment, new aircraft in stallations, new aircraft operating techniques, or new uses for aircraft. (b) Showing compliance wi th regulations. Conducting flight tests and other operations to show compliance with the airworthines s regulations including flights to show compliance for issuance of type and supplemental type certificates, flights to s ubstantiate major design changes, and flights to show compliance with the function and reliability requirements of the regulations. Since the experimental certificate can be us ed for commercial purposes such as market surveys, sales demonstrations, and customer crew training, we w ould expect that an experimental certificate would permit our commercial purpos e as well. The aircraft will not carry persons or proper ty, will not carry fuel, and will only fly under strict operational requirem ents. Combined with the sUAS's light weight, being constructed primarily of carbon fiber and plastic, we pr opose that the sUAS will be at least as safe, if not safer, than a conventionally certificated aircra ft performing the same mission. If an experimental airworthiness certificate is not appr opriate for this application, then we request an exemption of 14 CFR Part 21, Subpart H, and the requirement for an airworth iness 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 "EXPER IMENTAL" in letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot stati on. The sUAS does not have an entrance in which the word "EXPERIMENTAL" can be plac ed, 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 t hat the permanent placard discussed in the previous paragraph will provide the aircraft's registration in formation at the ground station. Fi nally, 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 th at no person that holds a Private Pilot certificate may act as pilot in Command of an aircraft for comp ensation or hire. Subparagraph {b) allows a private pilot to act as pilot in command of an aircraft in co nnection with any business or employment if: (1) The flight is only incidental to that business or empl oyment; and (2) The aircraft doe s not carry passengers or property for compensation or hire. Our proposed ope rations require that the PIC must hold at least a

Private Pilot Certificate with a Cl ass Ill Medical issued by the FAA and since the aircraft cannot carrypassengers or property, we feel we meet the int ent 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 wi thout an airworthiness certificate. As no such certificate will be applicable in the form contemplat ed by the FARs, this Regulation is inapplicable. 14 CFR 91.9 Civil aircraft flight manual, marking, an d placard requirements. Th is regulation provides that no person may operate an aircraft unless a curren t, approved flight manual is in the aircraft. We assume that the intent of this requirement is to ens ure 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 doc umentation would not be av ailable 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 spar sely 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 surv ey 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 care ful 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 10 0 NM of the aircraft. The sUAS will always fly below 400 feet AGL and will not need to maintain cruising al titudes 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 sc reen 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 safe ty 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 t he 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: Certificatio ns required. The regulat ion provides that an airworthiness certificate, with the registration number assigned to the aircraft and a registration

certificate must be aboard the aircraft. Additiona lly, subparagraph (b) provides that the airworthiness certificate be "displayed at the cabin or cockpit entrance so that it is l egible to passengers or crew." At a maximum gross weight of 6.5 pounds, the sUAS is to o 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 pr opose that documents deemed appropriate for this aircraft by the FAA will be with the crew at the ground control station and available for in spection upon request. In order to identify the aircraft, we propose that the information found on ai rworthiness and registration certificates be permanently affix ed 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, Prev entive Maintenance, Alterations The regulation provides that the operator is primarily responsible fo r 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 authoriz ed 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 PI C will ensure that the aircraft is in an airworthy condition prior to every flight and in addition cond uct 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 softw are and firmware for the on-board computer. All other maintenance will be performed by the manufacture r 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, SAF ETY, 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 cons truction 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 a nd 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 safe ty and diminish the likelihood of death or serious bodily injury.

With a small payload and maximum flight time of onl y 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 characterist ics of large, complex properties with several buildings. As compared to manned aircraft, the sU AS benefits of reduced cost and improved quality of presentation will be valuable to and benefit m any buyers and sellers of real property.

Regarding community involvement, Marx Okubo Asso ciates Inc. supports several non-profit charity entities and religious organizations in the Sout hern California area. As requested, Marx Okubo Associates Inc. may offer sUAS aerial photography serv ices 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 committ ed to promoting the sUAS research efforts of policymakers, and is willing to share data from its co mmercial 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 with in the line of sight (LOS) of the Pilot-in Command (PIC}, less than 400 feet above the ground and outsid e 5 miles from any airport, heliport, seaplane base, spaceport, or other location with aviation activities , unless the air traffic cont rol authorities (ATC) have been notified and have authorized each flight within a radius of this distance.

All of our sUAS have proven capab ility 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 th e airworthiness of sUAS such as ours.

For the foregoing reasons, t he exemptions requested herein sh ould 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 demonst ration 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