J2 Marketing, LLC 

4609 Grape Road 

Mishawaka, IN 46545 

Phone: 574-292-0503 

Email: Info@GoJ2.com 

May 5, 2015

U. S. Department of Transportation

Docket Management System

1200 New Jersey Ave.

SE Washington DC 20590 

Re: Exemption Request Pursuant to Section 333 of the FAA Reform Act and Part 

11 of the Federal Aviation Regulations from: 14 CFR 61.113(a) and (b); 91.103; 

91.119(c); 91.121; 91.151(a); 91.405(a); 91.407(a)(1); 91.409 (a)(1) and (2); 91.417(a) 

and (b). 

Dear Sir or Madam: 

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

Act”) and 14 C.F.R. Part 11, J2 Marketing, LLC, an operator of Unmanned Aircraft 

Systems (“UASs”) for aerial photography for the motion picture and television industry, 

hereby applies for an exemption from the Federal Aviation Regulations (“FARs”) to allow 

commercial operation of its UASs. 

On or about May 5, 2015, the FAA granted exemptions to 247 UAS operators, including 

Astraeus Aerial (the “Astraeus Exemption”). As set forth in J2 Marketing’s Flight 

Operations and Procedures Manual (the “FOPM”) and Motion Picture Television 

Operations Manual (both submitted under separately under 14 CFR 11.35(b)), J2 

Marketing will adhere to the terms of the Astraeus Exemption. 

The exemption request will permit J2 Marketing to operate UASs commercially for the 

purpose of filming and photographing property, events, and people. J2 Marketing will 

provide a service that is beneficial to an industry that is already using, and seeking to 

use, UASs for these purposes with a legal and safe option while providing relevant 

experience and information to the FAA and the UAS community. This will benefit the 

public with the controlled operation of UASs by J2 Marketing and increased integration 

into the National Airspace System (“NAS”). 

The name and address of the applicant is: 

J2 Marketing, LLC

Attention: Erik C. Johnson; Ph: 574-361-6214

Email: Erik@GoJ2.com

Address: 4609 Grape Road, Mishawaka IN, 46545 

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Regulations from which the exemption is requested: 

14 C.F.R. Part 21; 

14 C.F.R. 91.7(a);

14 C.F.R. 91.9(b)(2);

14 C.F.R. 91.109(a); 

14 C.F.R. 91.119; 

14 C.F.R. 91.105 

14 C.F.R. 91.151(a); 

14 C.F.R. 91.203(a) & (b);

14 C.F.R. 91.405(a); 

14 C.F.R. 91.407(a)(1); 

14 C.F.R. 91.409(a)(2); 

14 C.F.R. 91.417(a) & (b) 

UASs operated by J2 Marketing weigh less than 55 pounds, including the payload (i.e. 

camera, lens, and gimbal). They operate at speeds of no more than 50 knots, can 

hover, and can simultaneously move vertically and horizontally. J2 Marketing will only 

operate its UASs in line of sight and will operate with a secondary standby PIC acting as 

an emergency back-up and additional Visual Observer. Such operations will insure that 

the UAS will “not create a hazard to users of the national airspace system or the public.” 

J2 Marketing submits that grant of this exemption application advances the 

Congressional mandate in Section 333 of the Reform Act to accelerate the introduction 

of UASs into the NAS if it can be accomplished safely. This law directs the Secretary of 

Transportation to consider whether certain UASs may operate safely in the NAS before 

completion of the rulemaking required under Section 332 of the Reform Act. In making 

this determination, the Secretary is required to determine which types of UASs do not 

create a hazard to users of the NAS, the public, or pose a threat to national security in 

light of the following: 

● The UAS’s size, weight, speed, and operational capability; 

● Operation of the UAS in close proximity to airports and populated areas; and 

● Operation of the UAS within visual line of sight of the operator.

Reform Act § 333(a)(1). If the Secretary determines that such vehicles “may operate 

safely in the national airspace system, the Secretary shall establish requirements for the 

safe operation of such aircraft in the national airspace system.” Id. §333(c) (emphasis 

added). 

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. 

This statutory authority, by its terms, includes exempting civil aircraft, as the term is 

defined under §40101 of the Act, from the requirement that all civil aircraft must have 

current airworthiness certificate and those regulations requiring commercial pilots to 

operate aircraft in commercial service: 

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The Administrator may grant an exemption from a requirement of a regulation 

prescribed under subsection (a) or (b) of this section or any of sections 4470244716 

of this title if the Administrator finds the exemption is in the public interest. 

The grant of the requested exemption is in the public interest based on the clear 

direction in Section 333 of the Reform Act; the additional authority in the Federal 

Aviation Act, as amended; the strong equivalent level of safety surrounding the 

proposed operations; and the significant public benefit, including enhanced safety and 

cost savings associated with use of UASs for aerial videography/photography, the 

reduction or elimination of unregulated operators, and the safe integration of UASs. 

Accordingly, the applicant respectfully requests that the FAA grant the requested 

exemption without delay. 

Airworthiness

Grant of the exemption to J2 Marketing will be subject to the following mandatory 

airworthiness conditions: 

 • The UASs will weigh less than 55 pounds 

 • Flights will be operated within line of sight of a pilot and/or observer. 

 • Maximum flight time for each operational flight will be 30 minutes. Flights will be 

terminated at 25% battery power reserve should that occur prior to the 30 

minute limit. 

 • Flights will be operated at an altitude of no more than 400 feet AGL, and not 

more than 200 feet above an elevated platform from which filming is planned. 

 • Operations will be conducted with a Visual Observer, in addition to the UAS pilot, 

who will remain in visual line of site with the UAS pilot, the UAS, and the area of 

operations at all times. Visual Observer will assist in maintaining a controlled 

environment, spotting hazards to persons or property.

 • PIC will be the determining authority on the airworthiness of the UAS prior, 

during, and after each flight, and will cease operations upon deeming the UAS 

not airworthy until proper maintenance or action has been taken.

 • In adherence to 14 C.F.R. §43.9 each person who maintains, performs 

preventative maintenance, rebuilds, or alters the UAS, airframe, motor, propeller, 

appliance, or component part will make an entry in the maintenance record of 

that equipment containing the following information:

• Description of work performed. 

• Date of completion of work performed. 

• Name of the person performing the work. 

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• Signature of the person performing the work.

 • The Pilot and observer must be trained in UAS operations and have received 

current information on the particular UAS to be operated. 

 • The Observer and pilot will at all times be able to communicate by voice and/or 

text. 

 • Written and/or oral permission from the relevant property holders will be 

obtained. 

 • All required permissions and permits will be obtained from territorial, state, 

county, or city jurisdictions, including local law enforcement, fire, or other 

appropriate governmental agencies. 

 • If the UAS loses communications or loses its GPS signal, the UAS will have the 

capability to return to a pre-determined secure location called the Home position. 

 • The UAS will have the capability to abort a flight in case of unpredicted obstacles 

or emergencies.

 • Operations to occur under Visual Flight Rules during Visual Meteorological 

Conditions (VMC).

 • No operations are to be conducted within 2.5 NM inline with runway centerline 

azimuth and on the approach end of a runway that is actively in use.

EXEMPTION REQUEST AND EQUIVALENT LEVEL OF SAFETY SHOWINGS 

UNDER APPLICABLE RULES SUBJECT TO EXEMPTION

Due to the flight characteristics, such as the ability to hover, vertical takeoff and landing, 

and the type of operations performed by the UASs operated by J2 Marketing J2 

Marketing respectfully request that where a regulation differentiates according to class 

that it be permitted to operate under those regulations pertaining to helicopters. 

J2 Marketing requests an exemption from the following regulations as well as any 

additional regulations that may technically apply to the operation of its UASs: 

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates 

14 CFR § 91.203(a)(1) 

Section 91.203(a)(1) requires all civil aircraft to have a certificate of airworthiness. Part 

21, Subpart H, entitled Airworthiness Certificates, establishes the procedural 

requirements for the issuance of airworthiness certificates as required by FAR § 

91.203(a)(1). Given the size of the aircraft and the limited operating area associated 

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with its utilization, it is unnecessary to go through the certificate of airworthiness process 

under Part 21 Subpart H to achieve or exceed current safety levels. 

Such an exemption meets the requirements of an equivalent level of safety under Part 

11 and Section 333 of the Reform Act. The Federal Aviation Act and Section 333 of the 

Reform Act both authorize the FAA to exempt aircraft from the requirement for an 

airworthiness certificate, upon consideration of the size, weight, speed, operational 

capability, and proximity to airports and populated areas of the UAS involved. 

In this case, an analysis of these criteria demonstrates that the J2 Marketing UASs 

operated without an airworthiness certificate, under the conditions proposed herein, will 

be at least as safe, or safer, than a conventional aircraft (fixed wing or rotorcraft) with an 

airworthiness certificate. The UASs will remain less than 55 lbs. GTOW. Will not carry a 

pilot or passenger, will not carry flammable fuel, and will operate exclusively within an 

area predisclosed and in compliance with conditions set forth herein. Operations under 

this exemption will be tightly controlled and monitored by both the operator, pursuant to 

the conditions set forth above, and by local public safety requirements. The FAA will 

have advance notice of all operations through the filings with the FSDO. Receipt of the 

prior permission of the land owner, or controlling authority, the size of the aircraft, the 

lack of flammable fuel, and the fact that the aircraft is carried to the location and not 

flown there all establish the equivalent level of safety. The UASs construction with 

absorbent material provides at least an equivalent level of safety to that of such 

operations being conducted with conventional aircraft that would be orders of magnitude 

larger and would be carrying passengers, cargo, and flammable fuel. 

14 C.F.R. § 91.7(a): Civil aircraft airworthiness. 

This regulation requires that no person may operate a civil aircraft unless it is in 

airworthy condition. Should the exemption be granted allowing commercial operation of 

the UASs without an airworthiness certificate, no standard will exist for airworthiness of 

the UASs. Given the size of the aircraft and the requirements that have presumably 

already been met in the approved standard operating procedures (for instance, the 

Maintenance & Inspection Manual and Safety Checklist), an equivalent level of safety 

will be achieved by ensuring compliance with the operating manuals prior to each flight. 

14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft. 

 The regulation provides: 

 No person may operate a U.S.registered civil aircraft ... 

 (2) For which an Airplane or Rotorcraft Flight Manual is not required by §21.5 of 

this chapter, unless there is available in the aircraft a current approved airplane 

or Rotorcraft Flight Manual, approved manual material, markings, and placards, 

or any combination thereof. 

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The equivalent level of safety will be achieved by keeping the flight manual at the 

ground control point where the pilot flying the UAS will have immediate access to it. The 

FAA has issued to others the following exemptions to this regulation: Exemption Nos. 

8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 32827, and 

10700. 

14 C.F.R. § 91.109(2) 

This regulation provides that flight crewmembers must keep a safety belt fastened while 

at a crewmember station. J2 Marketing UASs are by definition not manned and 

therefore maintain a equivalent level of safety without the use of safety belt since no 

danger is posed due to no persons being aboard the aircraft. 

14 C.F.R. § 91.121(a) 

This regulation requires that aircraft be operated at altitude in reference to an altimeter 

set to applicable barometric pressure. According to the Flight Manuals and information 

included with this exemption request the UASs operated by J2 Marketing uses GPS 

positioning, and the T600 uses, in addition, a specialized sensor that limits the aircraft 

altitude to a predetermined height set by the pilot during preflight inspections. This, in 

addition to all flights being conducted by VLOS, assures altitude restrictions will be 

maintained by the pilot. Given the nature of the flight being limited to an upper altitude 

limit, the limited area of operations, the See and Avoid procedures set forth by J2 

Marketing, and in light of the UASs not being operated at VFR or IFR cruising altitudes 

an equivalent level of safety will be achieved. 

14 C.F.R. § 91.109(a) & 91.319(a)(1): Flight Instruction 

These regulations provide that no person may operate a civil aircraft (except a manned 

free balloon) that is being used for flight instruction unless that aircraft has fully 

functioning dual controls. UASs are a remotely piloted aircraft and by design, do not 

have fully functional dual controls. Flight control is accomplished through the use of a 

control box that communicates with the aircraft via radio communications. If instruction 

is accomplished through a training program, as set forth in an equivalent level of safety 

will be assured. The FAA has approved exemptions for flight training without fully 

functional dual controls for a number of aircraft and for flight instruction in experimental 

aircraft. See Exemption Nos. 5778K & 9862A. The equivalent level of safety will be 

achieved by the J2 Marketing providing the training as outlined. 

14 CFR § 91.119: Minimum Safe Altitudes 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Due to the flight 

characteristics of J2 Marketing UASs (vertical takeoff and landing, and ability to hover) 

as well as the nature of the type of flights conducted by UASs and the similarity to 

helicopters J2 Marketing requests to operate in accordance with section 91.119(d). The 

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equivalent level of safety will be achieved given the size, weight, speed, and material 

with which the UASs are built. Furthermore; no flight will be taken without the 

permission of the land owner or those who control the land. Because of the advance 

notice to the landowner, all affected individuals will be notified of the flights. Compared 

to aerial photography or videography operations conducted with aircraft or rotorcraft 

weighing far more than the UAS and carrying flammable fuel, any risk associated with 

these operations will be far less than those currently allowed with conventional aircraft 

operating at or below 500 feet AGL. Indeed, the lowaltitude operations of the UAS will 

maintain separation between these smallUAS operations and the operations of 

conventional aircraft that must comply with Section 91.119, give right of way to all 

manned aircraft, and adhere to J2 Marketing See and Hear policy. 

14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

This regulation prohibits an individual from beginning “a flight in a rotorcraft under VFR 

conditions unless (considering wind and forecast weather conditions) there is enough 

fuel to fly to the first point of intended landing and, assuming normal cruising speed – 

(1) During the day, to fly after that for at least 30 minutes; or (2) At night, to fly after that 

for at least 20 minutes.” 

Given the limitations on its proposed operations and the location of those proposed 

operations, a longer time frame for flight in daylight VFR conditions is reasonable. J2 

Marketing believes that an exemption from 14 CFR § 91.151(b) is safe and within the 

scope of a prior exemption. See Exemption 10673 (allowing Lockheed Martin 

Corporation to operate without compliance with 91.151(a)). Operating the small UAS, 

without 20 minutes of reserve fuel does not engender the type of risks that Section 

91.151(b) was meant to prevent given the size and speed at which the UAS operates. 

The fact that it carries no pilot, passenger, or cargo also enhances its safety. 

Additionally, limiting flights to a 20 minute reserve would greatly reduce their utility. In 

the unlikely event that the UAS should run out of fuel, it would simply land. Given its 

weight and construction material, the risks are less than contemplated by the current 

regulation. 

J2 Marketing believes that an equivalent level of safety can be achieved by maintaining 

25% battery power, or 10% of time (whichever is longer) would be more than adequate 

to return the UAS to its planned landing zone from anywhere in its operating area. 

14 C.F.R. § 91.203 (a) & (b): Carrying Civil Aircraft Certification and Registration 

 This regulation provides as follows: 

 (a) . . . no person may operate a civil aircraft unless it has . . . an appropriate and 

current airworthiness certificate. 

 (b) No person may operate a civil aircraft unless the airworthiness certificate 

required by paragraph (a) of this section or a special flight authorization issued 

under §91.715 is displayed at the cabin or cockpit entrance so that it is legible to 

passengers or crew. 

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J2 Marketing UASs have no cockpit or cabin to place or carry certification. As such, the 

exemption and any other certifying document from the FAA will be maintained with the 

ground station, and placed in a manner as to be clearly visible to any government 

official or person authorized in the controlled operations environment. 

An equivalent level of safety will be achieved by keeping these documents at the ground 

control point where the pilot flying the UAS will have immediate access to them. The 

FAA has issued numerous exemptions to this regulation. A representative sample of 

other exceptions includes Exemption Nos. 9565, 9665, 9789, 9789A, 9797, 9797A, 

9816A, and 10700. 

14 C.F.R. § 91.405(a); 407(a)(1); 409(a)(2); 417(a): Maintenance Inspections 

Section 91.405(a) requires that an aircraft operator or owner “shall have that aircraft 

inspected as prescribed in subpart E of this part and shall between required inspections, 

except as provided in paragraph (c) of this section, have discrepancies repaired as 

prescribed in part 43 of this chapter . . . .” Section 91.407 similarly makes reference to 

requirements in Part 43; Section 91.409(a)(2) requires an annual inspection for the 

issuance of an airworthiness certificate. 

Section 91.417(a) requires the owner or operator to keep records showing certain 

maintenance work that has been accomplished by certificated mechanics, under Part 

43, or licensed pilots and records of approval of the aircraft for return to service. 

Maintenance on J2 Marketing aircraft will be accomplished by the owner/operator 

pursuant to the manuals, provided by J2 Marketing, and the manufacturer. An 

equivalent level of safety will be achieved because the UAS is small in size, will operate 

only in restricted predetermined areas and is not a complex mechanical device. The 

operator of the UAS will ensure that it is in working order prior to initiating flight, perform 

required maintenance, and keep a log of any maintenance that is performed. Moreover, 

the J2 Marketing Head Pilot is familiar with the aircraft, has extensive experience with 

the UAS and is best suited to maintain the aircraft in an airworthy condition and to 

ensure an equivalent level of safety. 

The J2 Marketing Maintenance Manual provides for a pre- and post-flight inspection of 

the airframe and components similar in scope to inspections on manned aircraft. This 

will ensure an equivalent level of safety to the maintenance requirements in Part 91. 

In addition, between such inspections, should a mechanical issue arise, the aircraft will 

either return to its launch site or immediately land.

Operator Requirements 

J2 Marketing understands and upholds the stance that necessary precautions are 

required to protect aircraft already operating in the NAS, and the safety and security of 

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the flight crew members, passengers as well as the public and property. For this reason 

J2 Marketing will require all pilots of the UAS to be a certified private pilot with third 

class medical at a minimum. Furthermore J2 Marketing will use an appropriately 

certified pilot for the type of operation being conducted as it would fall under 14 C.F.R. if 

it were a manned aircraft. 

The PIC and the Visual Observer will, at all times, be aware that UASs currently cannot 

adhere to the standard “see and avoid” requirements due to the size of the UAS 

impacting the distance at which it can be identified by pilots of manned aircraft. J2 

Marketing maintains a zero tolerance policy for any pilot that fails to give complete right 

of way, and wide berth to any aircraft that comes within 1 statute mile horizontally or 

2000 feet vertically of operations. At all times the PIC and Visual Observer will monitor 

appropriate ATC, CTAF, or air to air frequency, announce actions, and adhere to 

requests of any manned aircraft, airspace controller, FAA representative, or law 

enforcement official so long as it can be performed safely and legally. 

In the interest of safety, and the furtherance of aviation, J2 Marketing requires it’s 

operators to adhere to its “See and Hear” policy. This policy requires that any aircraft 

that can be both observed and heard (excluding large turbine, turboprop, and other 

aircraft that are heard and seen but are clearly 2000 feet above the highest permitted 

altitude of the UAS) by the PIC or the Visual Observer will require UAS operations to 

cease until the aircraft acknowledges the operations of the UAS verbally through radio 

communications. 

The PIC will adhere to appropriate FARs as well as follow the included J2 Marketing 

Training Manual. The PIC will, while the exemption is in place, log all flights conducted 

for J2 Marketing, or any flight to meet the training requirements. 

The visual observer will be trained according to the J2 Marketing Training Manual. The 

Visual Observer will be required to exhibit proficiency in operating and communicating 

using the radio. The Visual Observer will not, at any time during operations conducted 

under this exemption, operate or control any portion of the flight of the UAS unless they 

meet the PIC requirements of this exemption.

Privacy 

All flights will occur over private or controlled access property with the property owner’s 

or controlling authorities prior consent and knowledge. Filming will be of people who 

have also consented to being filmed or otherwise have agreed to be in the area where 

filming will take place.

Summary for Publication 

J2 Marketing seeks an exemption from the FARs set forth in this application to allow 

commercial operations of UASs conducting aerial flights as described. 

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Approval of the exemption allowing commercial operations of J2 Marketing UASs will 

increase safety by permitting an operator to conduct a service safely that is already 

occurring without FAA knowledge, exemption, or adhering to prescribed safety 

guidelines. The exemption will also encourage the education of UAS operators and the 

adoption of FAA guidelines and approval for commercial UAS operations. It benefits the 

public through a higher level of safety of UAS operations and a service that benefits the 

local public and business. It also benefits the public through a smooth and well 

approached integration of UASs into the NAS, and continual communication with the 

FAA and the information gained. This assists the FAA with its mission of promoting 

aviation while preserving safety of aviators, the public, and property. 

The UASs operated by J2 Marketing satisfies the criteria set forth in Section 333 of the 

Reform Act–size, weight, speed, operating capabilities, operation within visual line of 

sight, and national security–and showing an equivalent level of safety to manned aircraft 

flights through appropriate pilot certification and safety focused standards of operation, 

providing more than adequate justification for the grant of the requested exemptions 

allowing commercial operations.

Blessings, 

Erik Johnson 

Partner // Business Director 

J2 Marketing, LLC

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