October 21

, 2015

U.S. Department of Transportation Docket Management System 1200 New Jersey Ave., S E Washington, DC 20590

Re: Petition of Benjamin D. Marcus for an Exemption Pursuant to Section 333 of

the FAA Modernization and Reform Act of 2012

Di rector: Flight Standards S ervice:

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

14 C.F.R. Part 11, Benjamin D. Marcus (“ Marcus ”) hereby applies for an exemption from the

Federal Aviation Regulations ("FARs") id entified below to allow commercial operation of small

unmanned aerial vehicles ( i.e., "small unmanned aircraft" or “UAS”) for the purpose of conducting aerial photography and videography for property mapping and inspection

.

This petition for exemption is made based on information outlined in this Petition for E xemption, as well as the accompanying Marcus documents.

1. Flight Operations Manual a nd;

2. Operations Manuals
(Collectively referred to as Operations Manuals")

3. User Guide and;

4. Flight Manual 1
(Collectivel y referred to as "Manufacturer's Manual").

Marcus submits these supporting materials as confidential documents pursuant to 14 C.F.R. § 11.35(b), as the materials contain confidential commercial and/or proprietary information that

Marcus has not and will n ot share with other requesting parties. Additionally, these documents contain operating conditions and procedures that are not generally available to the public and are protected from release under the Freedom of Information Act, 5 U.S.C. § 552 et. seq.

F or your convenience, this Petition is organized as follows:

I. Description of Petitioner!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 1 The term "Manufacturer's Manual" also includes all relevant manufacturer publications, including, but not limited to: operations and flight manuals, user guides, component maintenance manuals, pilot training ma nuals, service
information letters and, safety/service bulletins

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II. Description of Proposed Operations

A. Aerial Photography a nd Videography f or Property Mapping and Inspection

III. Relevant Statutory Authority

IV. Marcus’ Proposed UAS Operatio ns Meet the Requirements of

Section 333 of the Reform Act

A. Approval is Warranted Based on the UAS's Size, Weight, Speed, and Operational Capability

B. Approval is Warranted Based on the Operational Restrictions Set Forth in the Operations Manuals

V. Regulations From Which Exemption is Requested

A. 14 C.F.R. Part 21, Subpart H

– Airworthiness Certificates and 14 C.F.R. § 91.203(a)(1)

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft

C. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking a nd Identification Requirements

D. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance Inspections

E. 14 C.F.R. Part 61, 14 C.F.R. § 61.3, 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations

F. 14 C.F.R. § 91.7(a): Civi l Aircraft Airworthiness

G. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 14 C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration

H. 14 C.F.R. § 91.103: Preflight Action

I. 14 C.F.R. § 91.109(a): Flight Instr uction

J. 14 C.F.R. § 91.119(c): Minimum Safe Altitudes

K. 14 C.F.R. § 91.121: Altimeter Settings

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

V1. Drug and Alcohol Program

VII. Public Interest

VIII. Privacy

IX. Federal Register Summary

X. Conclusion

I. DESCRIPTION OF PETITIONER

Marcus

, a sole proprietor based in Santa Monica, CA provides aerial photography a nd videography f or property Mapping and inspection

. As Chief Pilot Benjamin D. Marcus is a licensed pilot with more than 4,000 hours of flight time without incident. He is rated in airplanes, helicopters, seaplanes and gliders. Also, he has been flying UAV Quadcopters as a hobby for more than one year without incident, spen d ing hundreds of hours flying

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October 21

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Upon the grant of the 333 Exemption Marcus will specialize in aerial digital photography and videography f or property m apping and inspection

. Marcus’ staff are well trained and experienced in providing support as visual observers (“VO”) for the pilot in command (“PIC”) in addition to any other needed on site assistance

.

All of the equipment owned by Marcus is of the highest quality gear and ha s been able to provide these services safely and without any claims or incident

. Marcus’ goal is to advise the perspective client that Marcus and his staff are following all the applicable state and federal rules to ensure the safety of the public while providing the client with a competitive and cost effective product.

Marcus seeks an exemption to allow aerial photography and video graphy for property mapping and inspection

. The contact information for Petitioner is as follows:

Benjamin D. Marcus 406 Broadway, #304 Santa Monica, CA

Phone: 310.883.5064 : Email: ben@marcus

- family.org

II. DESCRIPTION OF PROPOSED OPERATION

Marcus se eks an exemption pursuant to Section 333 of the Reform Act to operate a Yuneec Q500 4K (referred to as BM

- UAS ) ( all under 55lbs) for the proposed operations discussed herein

below. All UAS operations will occur under tightly controlled conditions on priva te property or approved location where Marcus has received verifiable permission to operate from the landowner, controller or authorized representative. The proposed UAS operations will be

conducted in accordance with the conditions and limitations of this Petition for Exemption and

Marcus’ Operations Manuals. As detailed in Marcus’ Operations Manuals, all UAS operations will be limited to daytime VFR conditions, within visual line

- of

- sight ("VLOS") of the operator,

in uncontrolled airspace, and will occur at least 5 n m away from an airport reference point

. Moreover, Marcus’ Operations Manuals incorporate redundant safeguards to assure the aircraft does not travel outside the controlled area of UAS operations, including GPS "geo

- fencing" technologies.

A. Aeri al Photography and Videography for Property Mapping and Inspection

Marcus seeks to use small BM

- UAS for the purpose of providing aerial photography and videography for property mapping and inspection for their client base

. Marcus has purposefully

tailore d its operations to meet the requirements established by the FAA in prior grants of

exem p tion authorizing commercial use of UAS in the real estate indu s try, including :

• Trudeau, Realtor® (Exemption No. 11 138 )

• Alon Sicherman (Exemption No. 11 728 )

• Sokoler Me dly (Exemption No. 11 341 )

• Jared Oleson (Exemption No. 12682)

• Rick Doyle Photography (Exemption No. 12681)

• Raven Executive (Exemption No. 12639)U.S Department of Transportation

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All UAS real estate photography and videography operations will occur on private property or approved location in a controlled area away from spectators and persons not involved in the recording process . In addition, the filming will be conducted between dawn and dusk to ensure maximum safety for the public and those involved in the manipulation and operation of th e UAS ; VFR conditions, at altitudes below 400' above ground level (“AGL”). As set forth below,

Marcus’ operations provide an equivalent level of safety which is superior to performing the same work using conventional fixed

- wing aircraft or helicopters.

Sm all UAS real estate video production is also safer than traditional manned aircraft p erfor m ing

the same function. Videographer

- inspectors also frequently need to climb roof tops , trees, or otherwise perform elevated work, which exposes them to the risk of dangerous falls,

ele c trocution or other work related injuries . In addition, depending on the nature of the video needed and inspection, proximity to equipment, and other mechanical hazards associated with

industrial sites and construction facilities often involves a risk of exposure to hazardous

cond i tions . The use of BM

- UAS mitigates these hazards and is ultimately a much safer and cost

e f

ficient method of performing these and most other types of i n spections.

Moreover, c onventional operations using rotorc raft and fixed

- wing aircraft in low level operations present risks associated with vehicles weighing tens of thousands of pounds (including payload) and carrying large amounts of fuel which inherently presents significant fire hazards as well as exposure t o other chemical contaminates

. It is important to note the use of small UAS in this area will not only be safer and more cost effective to the perspective user or purchaser of the service , but the quality and expanse of acquired information will be far mo re robust given the low cost associated with its acquisition

.

UAS real estate video production is more reliable, and allows for the collection, dissemination, and storage of visual and other sensory data with greater precision and duration at a very low

c ost . Small UASs will also be capable of accessing and inspecting areas that would otherwise be

inaccessible or highly dangerous using conventional aircraft or other inspection methods.

III. RELEVANT STATUTORY AUTHORITY

This Petition for Exemption is sub mitted pursuant to Section 333(a) through (c) of the FAA Modernization and Reform Act of 2012 ("Reform Act"). Congress has directed the FAA "to safely accelerate the integration of civil unmanned aircraft systems into the national airspace system." Pursuan t to Section 333 of the Reform Act, the FAA Administrator is to permit

u nmanned aircraft systems to operate in the National Air s pace Systems ("NAS") where it is safe

to do so b ased on the following considerations:

● 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 the visual line of sight of the operator.

Additionally, the FAA Administrator has gene ral authority to grant exemptions from the agency's safety regulations and minimum standards when the Administrator decides a requested exemption is in the public interest. See 49 U.S.C. § 106(f) (defining the authority of the Administrator); 49 U.S.C. § 4 4701(f) (permitting exemptions from §§ 44701(a), (b) and §§

44702

– 44716, et seq.). A party requesting an exemption must explain the reasons why theU.S Department of Transportation

October 21

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exemption: (1) would benefit the public as a whole, and (2) would not adversely affect safety (or

how it w ould provide a level of safety at least equal to the existing rules). See 14 C.F.R. § 11.81 (petitions for exemption).

IV. MARCUS ’ PROPOSED BM

- UAS OPERATIONS MEET THE REQUIREMENTS

OF SECTION 333 OF THE REFORM ACT

The small BM

- UAS operations proposed by M arcus as noted above in this Petition for

E xemption qualify for expedited approval pursuant to Section 333 of the Reform Act as each of the statutory criteria and relevant factors are satisfied.

A. Approval is Warranted Based on the UAS's Size, Weight, Speed , and Operational Capability

A Grant of Exemption is appropriate for operations conducted using the UAS s due to their size weight, speed, and operational capability.

• The BM

- UAS utilize d by Marcus ha s been approv ed for use in prior Section 333

Grants of Exemption from the FAA. 2

• The BM

- UAS weigh s less th an 55 pounds, including payload

• The BM

- UAS will not be flown at a ground speed in excess of 50 knots.

• Altitude information will be generated by equipment onboard the UA S as specified using GPS triangulat ion, digitally encoded barometric altimeter, radio altimeter, or any combination thereof. This information will be transmitted to the pilot

via telemetric data feed.

• The BM

- UAS will have system redundancies and independent functionality to

ensure the over all safety and predictability of the system. If connection to the remote control or ground control station is lost, failsafe systems will permit the UAS s to return to a predetermined location and safely land without injury or damage.

• The radio frequencies used for operations and control of the BM

- UAS comply with the Federal Communications Commission ("FCC") and other appropriate government oversight agency requirements. T he operating frequency for the BM

UAS is 2.4 and 5.8 GHz frequency bands.

If the same operations were conducted using a helicopter, the aircraft's take

- off weight would likely exceed 6,000 pounds depending on payload . The difference in weight between the BM

UAS and a helicopter significantly reduces the potential harm to the participating a nd non

participating individuals and/ or surrounding property in the event of an unintended accident or incident. In addition, the risk to the onboard pilot and camera operator is eliminated.!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 2 See e.g., Grant of Exemption to Trudeau, Realtor® (Exemption No. 11138) ; Grant of Exemption to Alon Sicherman (Exemption No. 11728) ; Grant of Exemption to Sokoler Medly (Exemption No. 1134 1)

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B. Approval is Warranted Based on the Operational Restrictions Set Forth in

Marcus ’ Operations Manuals

Operations Manuals and the Manufacturer's Manual for the selected BM

- UAS will contain all the procedures and limitations necessary to safely and successfully perform the operations specified in this Petition for Exemp tion. To assist the FAA in making a safety assessment of

Marcus’ proposed operations, below is a summary of operational limitations and conditions that

Marcus will adhere to, and which will ensure an equivalent or higher level of safety to operations

condu cted under current regulatory guidelines:

1. The BM

- UAS weighs less than 55 pounds, with payload

.

2. All operations shall be conducted over private or controlled

- access property with verifiable permission from the land owner/controller or authorized representa tive. Permission from land owner/controller or authorized representative will be obtained

for each scheduled flight prior to operation

.

3. All UASs operated under the Grant of Exemption will be identified by serial number, registered in accordance with 14 CF R part 47, and have identification (N

- Number) markings in accordance with 14 CFR part 45, Subpart C. Markings will be as large as practicable.

4. Minimum crew for each flight operation will consist of a pilot, who will be Pilot

- in Command ("PIC") of the BM

- U AS , and one or more Visual Observers ("Observer") as necessary to safely conduct the mission.

5. PICs shall possess either a private, recreational, or sport pilot certificate. The PIC

must also hold a current FAA airman medical certificate or a valid U.S. dr iver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC will also meet the flight review requirements specified in 14 C.F.R 61.56 in an aircraft in which the PIC is rated on

his or her pilot certificate

.

6. The BM

- UAS shall be operated within VLOS of the PIC and Observer at all times. The PIC must use human vision unaided by any device other than corrective lenses, as specified on the PIC's FAA

- issued medical certificate.

7. The PI C and Observer designated for any operation will be able to communicate verbally at all times.

8. Electronic messaging or texting will not be permitted during flight operations.

9. The additional requirements identified in the Grant of Exemption shall be added to
the Marcus’ Operations Manuals. The Operations Manuals will be maintained and made available to the Administrator upon request. If a discrepancy exists between the conditions and limitations in the Grant of Exemption and Marcus’ Operations Manuals, th e conditions and limitations in the Grant of Exemption shall takeU.S Department of Transportation

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precedence and must be followed. Otherwise, Marcus shall follow the procedures outlined in their Operations Manuals.

10. Marcus may update or revise its Operations Manuals. Revisions will be tr acked and a revised copy of the Manual will be provided to the Administrator upon request.

Marcus will also present an updated and revised Operations Manuals if it petitions for extension or amendment to its Grant of Exemption. If an update or revision wo uld

a f

fect the basis upon which the FAA grants the exemption, Marcus will seek an amendment to its Grant of Exemption. Marcus will contact the FAA’s UAS Integr a tion Office (AFS

- 80) if questions arise regarding updates or revisions to the

ope r ating document s.

11. Marcus Operations Manuals and its Grant of Exemption will be available to the PIC at the ground control station anytime the BM

- UAS is operating.

12. The PIC is prohibited from beginning a BM

- UAS flight unless (considering wind and

forecast weather conditi ons) there is enough power to fly to the first intended point of landing, and assuming normal cruising speed, to fly after that for at least 10 minutes.

13. Maximum total flight time for each operational flight using the BM

- UAS will be

limited to 40 minutes or the amount of time the UAS can be flown and still maintain a reserve battery power of no less than 25%, whichever occurs first.

14. Flights will be operated at an altitude of no more than 400 feet AGL and will never enter navigable controlled airspace with out timely prior written authorization and approval from the FAA. In the event the structure being inspected exceeds 400 feet AGL, the UAS will not be operated more than 100 feet above the highest point on the structure, and no more than 50 feet horizontal ly from the structure.

15. Flight operations must be conducted at least 500 feet from all nonparticipating persons. (persons other than the PIC, VO, operator trainees or essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA and/or debris in the event of an accident. The operator must ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons lea ve such protection and are within 500 feet of the UA, flight operations must cease immediately and/or;

b. The aircraft is operated near vessels, vehicles or structures where the owner/controller of such vessels, vehicles or structures has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and determined that it does not present an undue hazard, and;

c. Operations nearer to the PIC, VO, operator trainees or essential persons do not present an undue hazard to those persons per § 91.119(a).

16. The BM

- UAS may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.U.S Department of Transportation

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17. The BM

- UAS may not operate within 5 nm of an airport reference point as denoted

on a current FAA

- published aeronautical chart unless a letter of agreement with that airport’s management is obtained, and the operation is conducted in accordance with a NOTAM as required by the Marcus COA. The letter of agreem ent with the airport management will be made available to the Administrator upon request.

18. Prior to each flight the PIC shall inspect the BM

- UAS to confirm that it is in a condition safe for flight. The pre

- flight inspection will account for all discrepanc ies, e.g. inoperable components, items, or equipment, not already covered in the relevant sections of the operating documents as well as equipment updates . The PIC shall not

operate any BM

- UAS if the inspection reveals a condition that affects the safe

o pe ration of the BM

- UAS until the necessary maintenance has been performed and

the BM

- UAS is found to be in a condition for safe flight. The ground control station shall be included in the preflight inspection. All maintenance and alternations must be properl y documented in the UAS ’s records as required by Marcus’ Operations

Manuals.

19. Marcus will timely carry out its maintenance, inspections, and record keeping requirements in accordance with the Operations Manuals. Maintenance, inspection,

and alterations wi ll be fully noted in the BM

- UAS records, including total time in service, description of work accomplished, date completed and the signature of the authorized person returning the BM

- UAS to service.

20. Any BM

- UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics (e.g., replacement of a flight critical component)

must timely undergo a functional test flight in accordance with Marcus’ Operations Manuals. The PIC who conducts the functional test flight must mak e an entry in the UAS aircraft records of the flight. The requirements and procedures for a functional test flight and BM

- UAS record entry shall be included in the Marcus’ Operations

Manuals.

21. The BM

- UAS will be operated and maintained according to the Man ufacturer's Manuals and any required manufacturer Safety/Service Bulletins and product updates

.

22. Prior to the operation, a Mission Packet will be created in accordance with the requirements on Marcus’ Operations Manuals.

23. Marcus will obtain an Air Traffic Organization ("ATO") issued Certificate of Waiver or Authorization, otherwise known as a COA, prior to conducting any operations under this Grant of Exemption. A NOTAM will be issued as required by the COA. All operations will be conducted in accordance w ith airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements.

24. 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.U.S Department of Transportation

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25. If the BM

- UAS loses communication with the PIC , it will have the capability to safely return to a pre

- determined location within the operational area and land safely.

26. Contingency plans wi ll be in place to safely terminate flight if there is a loss of

communication between the PIC and the Observer.

27. The BM

- UAS will have the capability to safely abort flight in the case of unpredicted obstacles or emergencies.

28. PICs and Observers will have a t least a curren t Class III Medical Certificate or a valid

and current state driver’s license issued within the United States

.

29. Prior to conducting operations for filming, the PIC will have accumulated and logged, in a manner consistent with 14 CFR § 61. 51(b), a minimum of 200 flight cycles and 25 hours total time as a UAS rotorcraft pilot and at least 10 hours logged as a UAS

p i lot with a similar BM

- UAS type platform

. This requirement can be achieved by flights conducted and logged as a hobbyist

.

30. Prior to conducting operations for filming, the PIC will have accumulated and logged,

in a manner consistent with 14 CFR § 61.51(b) , a minimum of hours pursuant to 54 CFR § 61.51(b) as UAS pilot operating the make and model of BM

- UAS to be utilized for operation s under the exemption and three take

- offs and three landing in the preceding 90 days

.

31. Operations shall occur during daytime VFR Meteorological Conditions; flights under special visual flight rules ("SVFR") shall not be conducted.

32. The BM

- UAS shall remain clear and yield the right of way to all other manned operations and activities at all times (including, but not limited to, ultralight vehicles, parachute activities, parasailing activities, hang gliders, etc.).

33. BM

- UAS Operations under Instrument Flight R ules, at night, or beyond VLOS are prohibited.

34. The UAS will not be operated from an elevated platform unless designed and engineered specifically for such purposes and be in compliance with the general restrictions imposed by the applicable regulations . A dditionally no PIC will provide any film

- flight operations while in motion from atop any elevated platform vehicle or

device

.

35. Before conducting operations, the radio frequency spectrum used for operation and

control of the BM

- UAS will comply with the Fede ral Communications Commission (FCC) or other appropriate government oversight agency requirements.

VI. REGULATIONS FROM WHICH EXEMPTION IS REQ UESTED

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 §U.S Department of Transportation

October 21

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40101 of the Act, including UASs, from its safety regulations and minimum standards when the Administrator decides a requested exemption is in the public interest. 3

Marcus s eeks an exemption from several interrelated provisions of Title 14 of the Code of Federal Regulations ("14 C.F.R") Parts 21, 45, 61 and 91 for purposes of conducting the requested operations using BM

- UAS platforms noted above . Listed below are: (1) the spe cific sections of 14 C.F.R for which exemption is sought, and (2) the operating procedures and safeguards that Petitioner has established which will ensure a level of safety better than or equal to the rules from which exemption is sought. 4

UNMANNED AIRCR AFT SYSTEM

A. 14 C.F.R. Part 21, Subpart H

– Airworthiness Certificates and 14 C.F.R. §91.203(a)(1)

The FAA has stated that no exemption is needed from this section if a finding is made under the Reform Act that the UAS selected provides an equivalent level of safety when compared to aircraft normally used for the same application. These criteria are met and in point of fact

exceeded

, and therefore no exemption is needed. 5 If, however, the FAA determines that there

are some characteristics of the chosen UA S that fail to meet the requirements of the Reform Act, an exemption is requested. Equivalent Level of Safety

Marcus’ use of the BM

- UAS is safe when taking into account its size, weight, speed, and operational capability. As set forth in the description o f proposed operations in Section IV (A),

the BM

- UAS weigh s less than 55 poun ds , including payload and will not be flown at a ground speed in excess of 50 knots. The BM

- UAS is also equipped with safety features which will allow Petitioner to operate the BM

- UAS safely after experienc ing certain in

- flight contingencies

or failures as noted below

. 6 7 Additionally, the BM

- UAS carr ies neither pilots nor passengers,!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 3 49 U.S.C. § 44701(f) (authorizing the grant of exemptions from requirements of regulations prescribed pursuant to Sections 44701(a) and (b) and Sections 44702

- 44716).

4 14 C.F.R § 11.81(e), which requires a petition for exemption to include: The r easons why granting the exemption would not adversely affect safety, or how the exemption would provide a level of safety at least equal to that provi d ed by the rule from which you seek exemption.

5 See Grant of Exemption No. 11062 to Astraeus Aerial (FAA

- 2014

- 0352 at pgs. 13

- 14, 22).

6 See e.g., Grant of Exemption No. 11184 to Low Country RC, Corp. (FAA

- 2014

- 0803 at pg. 3): "The [DJI S1000] has the capability to operate safely after experiencing certain in

- flight contingencies or failures and uses an auto

pilot system to maintain UAS stability and control. The UAS is also able to respond to a loss of global positioning system (GPS) or a lost

- link event with a pre

- coordinated, predictable, automated flight maneuver, and manual flight control functionality as a backup. These safety features provide an equivalent level of safety compared to a manned aircraft performing a similar operation."

7 See e.g., Grant of Exemption No. 11184 to VDOS Global, LLC . (FAA

- 2014

- 0382 at pgs. 4

- 5): The BM

- UAS can be operated enti rely by a touch

- screen, map

- based interface. This means the operator only needs to command the system where to go, and the system does all the flying for the operator. The BM

- UAS can be operated in both semi and fully autonomous flight modes, with the oper ator simply clicking on a map to create a pre

- planned flight path for a flight. In addition, the operator can create no fly zones or maximum flight ranges and altitudes so the systemU.S Department of Transportation

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carr ies no explosive materials or flammable liquid fuels, or other elements identified by

Homelan d Security as being prohibitive and operate exclusively within the parameters stated in

Marcus’ Operations Manuals

.

Operations conducted under this exemption will be closely controlled and monitored by the PIC operator and will be conducted in compliance with local public safety requirements, to provide security for the area of operation. Marcus will also provide the FAA with advance notice of all operations via NOTAMs as required by the applicable COA. In all cases, operation of the BM

UAS under the propo sed conditions will be at least as safe as, or safer than, conventional rotorcraft operating with an airworthiness certificate

. Lastly, the BM

- UAS do not need a means to communicate with other aircraft or ATC, because those capabilities will be solely poss essed by the PIC and Observer, who are not onboard the BM

- UAS

. 8 In addition, no sense

- and

- avoid technology is necessary for the BM

- UAS s because they will be operated at all times in VFR conditions and within VLOS of the PIC and Operator

. 9

B. 14 C.F.R. Part 27 Airworthiness Standards: Normal Category Rotorcraft

T itle 14 C.F.R. Part 27 sets forth the procedural requirements for airworthiness certification of normal category rotorcraft. To the extent that Marcus’ small BM

- UAS would otherwise require

certificat ion under Part 27, Petitioner seeks an exemption from Part 27's airworthiness standards for the same reasons identified in the request for exemption from 14 C.F.R. R. Part 21, Subpart
H, supra

.

C. 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a): Aircraft Marking and Identification Requirements

Marcus seeks an exemption from the aircraft marking and identification requirements contained in 14 C.F.R. §§ 91.9(c), 45.23(b) and 45.27(a).

● 14 C.F.R. § 91.9(c), Civil Aircraft Flight Manual, Marking and Placard require ments, provides that:

No person may operate a U.S.

- registered civil aircraft unless that aircraft is identified in accordance with Part 45 of this chapter.!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! cannot enter areas deemed unsafe or unnecessary to fly over. The petition er states further that the UAS has built

- in intelligent fault handling which allows the BM

- UAS to detect a system fault while in the air and automatically fly

back to its takeoff location and land. Faults that can be detected include: loss of communication ; exceeding pre

- set wind thresholds; and low battery levels.

All flight operations are global positioning system (GPS) controlled, making the system easy to navigate. At any point if the operator is not explicitly commanding the system to move, the system automatically holds its GPS position. The flight control system employs not only GPS positioning but a variety of sensors including sonar, barometric pressure, temperature, wind speed and others to ensure stability so long as wind thresholds are not

excee ded. Also a flight termination link

– to prevent a 'fly away' or other potentially dangerous situation

– is available to the operator."

8 See Grant of Exemption No. 11062 to Astraeus Aerial (FAA

- 2014

- 0352 at pg. 13).

9 . IdU.S Department of Transportation

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● 14 C.F.R. § 45.23(b), Markings of the Aircraft, states:

When marks include only the Roman capit al letter "N" and the registration number is displayed on limited, restricted or light

- sport category aircraft or experimental or provisionally certificated aircraft, the operator must also display on that aircraft near each entrance to the cabin, cockpit, or pilot station, in letters not less than 2 inches nor more than 6 inches high, the words "limited," "restricted," "light

- sport, "experimental," or "provisional," as applicable.

● 14 C.F.R. § 45.27(a), Rotorcraft, states:

Each operator of a rotorcraft must display on that rotorcraft horizontally on both surfaces of the cabin, fuselage, boom, or tail the marks required by § 45.23.

In a previous Grant of Exemption, the FAA determi ned that exemption from these requirements was warranted provided that the aircraft "have identification (N

- Number) markings in

a ccordance with 14 C.F.R Part 45, Subpart C if the markings are as large as practicable." 10

Equivalent Level of Safety

All BM

- U AS flown by Marcus will bear N

- number markings that are as large as practicable in accordance with 14 C.F.R. Part 45, Subpart C. 11

D. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2); 91.417(a) and (b): Maintenance Inspections

Marcus seeks an exempt ion from the maintenance inspection requirements contained in 14 C.F.R. § 91.405(a), 91.407(a ) ( 1), 91.409(a ) ( 2); 91.417(a) and (b). These regulations specify maintenance and inspection standards in reference to 14 C.F.R. Part 43. See, e.g., 14 C.F.R. §

9 1.405(a) (stating that each owner or operator of an aircraft "[s]hall have the aircraft inspected as prescribed in subpart E of this part and shall between required inspections ...have discrepancies repaired as prescribed in part 43 of this chapter"). An ex emption from these regulations is needed because Part 43 and these sections only apply to aircraft with an airworthiness certificate, which the UAS platforms to be operated under this grant of exemption will not have

. (Emphasis added)

Equivalent Level of Safety

An equivalent level of safety will be achieved or exceeded because maintenance and inspections

will be timely performed in accordance with the Manufacturer's Manual and any required manufacturer Safety or Service Bulletins. Further, as required by Marcus’ Operations Manuals, the PIC will conduct a pre

- flight inspection of the BM

- UAS and all associated equipment to!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

10

. FAA Docket No. FAA

- 2014

- 0352

.

11 See, e.g., FAA D ocket No. FAA

- 2014

- 0352, at 14.U.S Department of Transportation

October 21

, 2015 Page 13

account for all discrepancies and/or inoperable components. Maintenance will be performed and verified to address any conditions potentia lly affecting safe operation of the BM

- UAS and no flights will occur unless, and until, all flight critical components of the BM

- UAS have been found to be airworthy and in a condition safe for operation. A functional test flight will be conducted following the replacement of any flight

- critical components. As required by Marcus’ Operations Manuals, the PIC who conducts the functional test flight will make an entry in the

BM

- UAS aircraft records of the flight.

Marcus’ Operations Manual also includes require ments to follow the manufacturer’s UAS aircraft/component, maintenance, overhaul, replacement, inspection, and life limit requirements for the following applicable components: powertrain system (powerplant), propellers, avionics and control surfaces (inclu ding ailerons/elevons), structures & airframe, camera system, electrical systems (including batteries), ground control station, hazard accessories, and spare parts. Further, Marcus’ Operations Manuals also include procedures to document and maintain a

reco rd of the BM

- UAS ’s maintenance, preventative maintenance, alterations, status of replacement /overhaul component parts, and the total time in service of the BM

- UAS used under this Grant of Exemption. As a whole, the maintenance and inspection procedures re quired in

Marcus’ Operations Manuals ensure that an equivalent or higher level of safety will be achieved.

PILOT

- IN

- COMMAND OF THE UAS

E. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations

Marcus seeks exemption from 14 CFR § 61.113, which restri cts private pilot certificate holders from flying aircraft for compensation or hire, and would also require a second class medical certificate. The purpose of Part 61 is to ensure that the skill and competency of any PIC matches the airspace in which the P IC will be operating, as well as requiring certifications if the private pilot is carrying passengers or cargo for hire. In this case, while the BM

- UAS will be operated as part of a commercial oper ation, they carr y neither passengers nor cargo. In the Gra nt of Exemption to Astraeus Aerial, the FAA determined that the unique characteristics of UAS operation outside of controlled airspace did not warrant the addition al cost and restrictions attendant with requiring the PIC to have a Commercial Pilot Certific ate and Class II I Medical

Certificate. 12 The fulfillment of the additional requirements for a private pilot to become qualified as a commercial pilot would not lead to any additional safety benefits when UAS operations are involved.

Equivalent Level of S afety

The restrictions Marcus has placed on its BM

- UAS operations meet or exceed the restrictions similarly imposed on Astraeus Aerial. Marcus will operate on private property or approved

location away from persons and property not involved in the operati on. Marcus will also obtain an ATO issued COA prior to conducting any operations under this Grant of Exemption. All operations will be conducted in accordance with airspace requirements in the ATO issued COA including class of airspace, altitude level and potential transponder requirements. A NOTAM will also be issued as required by the applicable COA.!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

12 Exemption No. 11062 (FAA Docket No. FAA

- 2014

- 0352).U.S Department of Transportation

October 21

, 2015 Page 14

In addition to these flight restrictions, Marcus will further ensure safe operation by requiring that any PIC be thoroughly versed not only in airspace and communication issues pertaining to all aircraft operators but also in the unique aspects of BM

- UAS flight. As set forth in the Operations Manuals, pilots will have experience not only in BM

- UAS operations generally but have logged flight time in the spec ific make and model used for the operations before they are permitted to participate in commercial flights on behalf of Marcus . The pilot qualification, training, and currency requirements in the Operations Manuals ensure that Marcus pilots are

competent and proficient in the BM

- UAS they are operating. Marcus’ training and qualification requirements are consistent with those contained in prior FAA Section 333 Grants of Exemption, and will provide a higher level of competency and proficiency for its pilots and will ensure at least an equivalent level of safety to the public

.

OPERATING PARAMETERS OF THE UAS

F. 14 C.F.R. § 91.7(a): Civil Aircraft Airworthiness

I nasmuch as there will be no airworthiness certificate issued for the UASs, Marcus seeks an exemption from 14 C.F.R. § 91.7(a), which requires that a civil aircraft be in airworthy condition to be operated. The FAA has stated that no exemption is required for 14 C.F.R. § 91.7(a) to the extent that the requirements of Part 21 are waived or found inapplicab le. 13 Accordingly, Petitioner requests that the requirements for § 91.7(a) be treated in accordance with

Section V ( A), supra.

G. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Flight Manual in the Aircraft and 14 C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and Registration

Title 14 C.F.R. § 91.9(b ) ( 2) and § 91.203(a) and (b) require the operator to carry airworthiness documents and other aircraft manuals onboard the aircraft. Pursuant to 14 C.F.R. § 91.9(b ) ( 2):

(b) No person may operate a U.S.

- registered civil aircraft

–

... (2) For which an Airplane or Rotorcraft Flight Manual is 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, mar kings, and placards, or any combination

thereof. Pursuant to 14 C.F.R. § 91.203(a) and (b): (a) Except as provided in § 91.715, no person may operate a civil aircraft unless it has within it the following:

(1) An appropriate and current airworthiness certific ate...!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 13 See Id. at 13

- 14, 22.U.S Department of Transportation

October 21

, 2015 Page 15

(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 p assengers or crew.

Given the small size and configuration of the BM

- UAS , it would be impossible to keep

airworthiness documents and other aircraft manuals on board the BM

- UAS because there is simply no room and the BM

- UAS has no cabin or cockpit. As a wa y to comply with the code

Marcus will maintain the documents with the PIC and make them available for inspection.

Equivalent Level of Safety

In an FAA Office of Chief Counsel's Opinion dated August 8, 2014, and prepared by Dean E. Griffith, Attorney, AGC

- 220, it was acknowledged that the intent of 14 C.F.R. 91.9(b) and 91.203(a) and (b) is met if the pilot of the unmanned aircraft has access to the UAS flight manual, registration certificate, and other required documents from the ground control station

fr om which he or she is operating the aircraft. 14 As this FAA Office of Chief Counsel Opinion clarifies, the intent of the rule is to ensure the pilot has access to these key documents during flight. Therefore, an equivalent level of safety will be achieved by ensuring that the pilot has access to the documents at the ground control station from which he or she is piloting the UAS.

H. 14 C.F.R. § 91.103: Preflight Action

Marcus seeks an exemption from 14 C.F.R. § 91.103, which requires a PIC to become fami liar with specific information before each flight, including information contained in the FAA

approved Flight Manual on board the aircraft. While the PIC will be familiar with all information necessary to safely conduct the flight, an exemption is requeste d to the extent that an FAA

approved Flight Manual is required.

Equivalent Level of Safety

An equivalent level of safety will be provided by following the Marcus’ Operations Manuals and the Manufacturer's Manual. The PIC will perform a series of checklis ts designed to identify any defects or inoperable components in accordance with the Marcus’ Operations Manuals, including checklists covering Pre

- Flight, Launch, Landing, and Post

- Flight procedures. The PIC will also be required to review weather, flight r equirements, battery charge, landing and takeoff distance, UA performance data, and contingency landing areas

— before initiation of flight. Marcus’ Operations Manuals and the Manufacturer's Manual will be kept at the ground control station

and will be acces sible to the PIC at all times while operating the UAS.

I. 14 C.F.R. § 91.109(a): Flight Instruction

Marcus seeks an exemption from 14 C.F.R. § 91.109(a), which provides in pertinent part that "[n]o person may operate a civil aircraft (except a manned fr ee balloon) that is being used for!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 14 Memorandum from Mark Bury, FAA Assistant Chief Counsel for International Law, Legislation and Regulation,
to John Duncan, FA A Flight Standards Service (Aug. 8, 2014); see also Docket No. FAA

- 2014

- 0352 at 16

- 18.U.S Department of Transportation

October 21

, 2015 Page 16

flight instruction unless that aircraft has fully functioning dual controls." UAS and remotely piloted aircraft, by their design, do not have functional dual controls. Instead, flight control is accomplished through the u se of a device that communicates with the aircraft via radio communications. Accordingly, an exemption will be required for the flight instruction requirements of 14 C.F.R. § 91.109(a).

Equivalent Level of Safety

Given the size and speed of the UAS that Marcus intends to use, an equivalent level of safe training can still be performed without dual controls because no pilot or passengers are aboard the UAS, and as required by the Marcus’ Operations Manuals, all persons will be a safe distance away in the e vent that the UAS experiences any difficulties during flight instruction. Moreover, as required by the Marcus’ Operations Manuals, all flight training will be conducted in controlled and sterile environment. As a whole, the safety procedures provided for in Marcus’ Operations Manuals ensure that the proposed UAS operations provide an equivalent or higher level of safety than that provided by the flight instruction regulations.

J. 14 C.F.R. § 91.119(c): Minimum Safe Altitudes

Marcus requests an exemption from the minimum safe altitude requirements of 14 C.F.R. § 91.119(c). 15 Section 91. 119 prescribes the minimum safe altitudes under which aircraft may not operate, including 500 feet above the surface and away from any person, vessel, vehicle, or

structure in non

- congested areas. See 14 C.F.R. § 91.119(c). Section 91.119(d) allows for a helicopter to operate at less than those minimum altitudes when it can be operated "without hazard to persons or property on the surface," provided that "each person operati ng the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA."

An exemption is required because the proposed BM

- UAS operation will normally need to o c cur below 400 feet AGL. In circumstances where the BM

- UAS i s used to inspect a structure whose height exceeds 400 feet AGL, the BM

- UAS will not be operated more than 100 feet above the highest point on the structure, and within 50 feet horizontally of the structure. Add i tionally, due the nature of the proposed ope rations, the Pilot and/or Observers(s) may need to be less than 500 feet away from the BM

- UAS

.

Equivalent Level of Safety

Compared to flight operations with rotorcraft weighing far more than the maximum weights

pr o posed herein, and given the lack of flam mable fuel with the above noted UASs, any risk

assoc i ated with these operations is far less than those which presently exist with conventional

ai r craft. An equivalent level of safety will be achieved given the size, weight, and speed of the

BM

- UAS , as well as the controlled location where the operations will occur. In order to avoid any risk to manned aircraft, flight operations will be restricted to 400 feet AGL or below, or!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 15 Relief from § 91.119(a) will not be necessary because Petitioner will be able to perform an emergency landing without undue hazard to persons or property on the groun d in the event of a failure. Petitioner's proposed UAS operations will not occur over congested areas, and therefore an exemption from § 91.119(b) will not be necessary. See e.g., Grant of Exemption No. 11157 to Slugwear, Inc., dba Like on a tree Aerial ( FAA

- 2014

- 0534 at 15).U.S Department of Transportation

October 21

, 2015 Page 17

when inspec t ing a U.S. structure whose height exceeds 400 feet AGL, within 100 fee t above the highest point on that structure and 50 feet horizontally of the structure.

As set forth in the Operations Manuals, the BM

- UAS will be operated in a restricted area, and all flights will be operated at a lateral distance of at least 500 feet fr om any nonparticipating persons, unless that person is in a position where he or she is shielded from the BM

- UAS and any possible debris resulting from its failure. As required by the Operations Manuals, flights will be terminated if a nonparticipating per son within 500 feet of the BM

- UAS leaves a shielded position. Further, its operations will occur at least 500 feet away from vehicles or structures unless the property owner/controller timely has granted permission and the PIC has made a safety assessment of the risk of operating closer to those objects and, operations near the PIC or Observer will not present an undue hazard per § 91.119(a). Adherence to these restrictions in

Marcus’ Operations Manuals will ensure operations can be conducted without comp romising public safety. 16

K. 14 C.F.R. § 91.121: Altimeter Settings

Marcus seeks an exemption from 14 C.F.R. § 91.121, which requires a person operating an aircraft to maintain cruising altitude or flight level by reference to an altimeter that is set to the elevation of the departure airport or barometric pressure. An exemption is required to the extent that the UASs do not have a barometric altimeter, but rather a GPS altitude read out.

Equivalent Level of Safety

The FAA has stated that an equivalent l evel of safety to the requirements of 14 C.F.R. §91.121 can be achieved in circumstances where: (1) the UASs will be operated below 400 feet AGL or

below 17 , (2) within VLOS, (3) where GPS based altitude information is relayed in real time to the
operator at a ground

- based on

- screen display and, (4) where prior to each flight, a zero altitude initiation point is established for the PIC to confirm accuracy of the onboard GPS. 18

The BM

- UAS that Marcus intends to use for the proposed operations will meet all the se operational characteristics. Moreover, as required by Marcus’ Operations Manuals, the PIC will be required to calibrate the aircraft's GPS compass prior to each flight operation. Like prior FAA!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 16 See e.g., Grant of Exemption No. 11138 to Douglas Trudeau (FAA

- 2014

- 0481 at 19): "If ba r riers or structures are present that can sufficiently protect nonparticipating persons from the UA or debris in the event of an accident, then the UA may operate closer than 500 feet to persons afforded such protection. The operator must also ensure that nonparticipating persons remain under such protection. If a situation arises where nonparticipating persons leave such protection and are within 500 feet of the UA, flight operations must cease immediately. When conside r ing how to immediately cease operations, the primary concern is the safety of those nonparticipating persons. In add i tion, the FAA finds that operations may be conducted closer tha n 500 feet to vessels, vehicles and structures when the

ow n er/controller of any such vessels, vehicles or structures grants permission for the operation and the PIC makes a

saf e ty assessment of the risk of operating closer to those objects and determines t hat it does not present an undue

ha z ard."

17 If the height of the structure being inspected exceeds 400 feet AGL, the UAS will not be ope r ated more than 100 feet above the highest point on the structure.

18 See Grant of Exemption No. 11062 to Astraeus Aerial (FAA

- 2014

- 0352 at 21).U.S Department of Transportation

October 21

, 2015 Page 18

Section 333 Grants of Exemption, the BM

- UAS Marcus intends to use, and the safety mitigation procedures contained in the Operations Manuals, both ensure that an equivalent level of safety or greater level will be achieved, and a Grant of Exemption to the requirements of § 191.121 is therefore appropriate

.

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

Marcus requests an exemption from 14 C.F.R. § 91.151(a)'s fuel requirements for flight in VFR

conditions. Section 91.151 states:

(a) No person may begin a flight in an airplane under VFR con ditions 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 45 minutes.

Here, the technological limitations on UAS battery power means that no meaningful flight operations can be conducted while still maintaining a 30

- minute battery reserve. An exemption from the fuel requirements of 14 C.F.R. § 91.151(a) is therefore required. Moreover, it is not

Marcus’ intention to fly the BM

- UAS at night.

Equivalent Level of Safety

In the Grant of Exemption to VDOS (Exemption No. 11112), the FAA determined that an equivalent level of safety to the fuel requirements for flight in VFR conditions could be achieved by prohibiting the PIC from beginning a BM

- UAS flight unless (considering wind and forecast weather conditions) there was enough power to fly to the first intended point of landing and,

assu ming normal cruising speed, to fly after that for at least 10 minutes. In reaching this conclusion, the FAA considered that the UAS batteries for the BM

- UAS provide approximately 50 minutes of powered flight (with payload) and provided battery level and ba ttery time remaining in minutes and seconds to the PIC. 19 The FAA also considered the fact the BM

- UAS operating manual states: “start every flight with a fully charged battery in the aerial vehicle”, and

that in the event that the BM

- UAS should run low on p ower, the PIC will be alerted and can safely land the

- BM

- UAS as soon as possible. Like the VDOS Grant of Exemption, Marcus’ use of the BM

- UAS , combined with the requirements of Petitioner's Operations Manuals, ensure that an equivalent level of safety can be achieved and in fact exceeded

.

Similarly, in the Grant of Exemption to Alan Purwin (Exemption No. 11161), the FAA determined that an equivalent level of safety to the fuel requirements for flight in VFR conditions could be achieved by prohibiting the PIC from beginning a flight with the UA unless (considering wind and forecast weather conditions), there was enough power to safely fly at normal cruising speed to the intended landing point and land the UA with 25% battery power remaining. Marcus will ad here to this limitation for its BM

- UAS flights.!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 19

. Grant of Exemption No. 11112 to VDOS Global, LLC (FAA

- 2014

- 0382 at 10).U.S Department of Transportation

October 21

, 2015 Page 19

The BM

- UAS includes a low battery warning system and the amount of battery reserve power remaining is continuously transmitted to the PIC via telemetric data feed, which downlinks from

the BM

- UAS to a ground

- based

- on

- screen display. 20 As required by Marcus’ Operations Manuals, the PIC will promptly fly the BM

- UAS back to the home launch location or pre

det ermined abort location where it may safely land, while still maintaining a minimum of 25% reserve battery power. Marcus submits that the procedures requiring flights to be safely terminated once the batteries fall below 25% capacity, combined with the requirement that flights only be conducted within a secure, isolated area, using a UAS weighing less than 5 5 pounds, and within VLOS of the PIC and Observer(s), ensure that the proposed operation will provide an equivalent or higher level of safety to the public to that provided by the regulations from which exemption is sought

.

VI. DRUG AND ALCOHOL PROGRAM

Ma rcus will have policies in place to ensure that no person may participate in BM

- UAS flight operations if they are under the influence of alcohol or any drug.

VII. PUBLIC INTEREST

The public interest will be served by granting Marcus’ Petition for Exempt ion. Congress has established a national policy that favors early integration of UAS into the NAS in controlled, safe working environments such as those proposed in this Petition. Granting this Petition for Exemption helps fulfill Congress' goal in passing Section 333(a) through (c) of the Reform

Act

— the FAA Administrator's assessment of whether certain UAS may operate safely in the NAS before completion of the statutorily required rulemaking.

The proposed BM

- UAS operations in this Petition for Exemption s ignificantly improve s the safety and reduce s risk of harm, physical injury and property damage to the public at large, the property owners from whom permission was granted for use by Petitioner and abutting properties, staff of Petitioner, unsuspecti n g pas sersby, inspecting engineers from relevant organizations and all those who may be in the local vicinity . Traditional methods of providing

surveillance and modeling services requires location personnel to climb towers

, trees, venture onto precarious roofs a nd other dangerous scenarios

, perform elevated work for which the

individual is neither trained n or equipped to perform , which exposes them to unnecessary risk of

serious physical injury from dangerous falls or other physical mishaps

. Moreover, inspectors /surv eyors are often unnecessarily exposed to hazardous conditions, unsafe environments, culturally tense situations and other hazards associated with identifying specific

locations for potential recording sites to be used in the end product

. The use of s mall UASs can eliminate these hazards and ultimately creat e a much safer method of performing these types of inspections creating a safer environment for the public as well as Marcus employees. The use of small UAS also enhances safety and reduces risk to the surrounding public because, unlike manned aircraft weighing thousands of pounds, carrying crew in addition to flammable

fue l, the UAS carry no passengers, crew or explosive fuel . Further more , in the unlikely event of!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 20 . T he BM

- UAS ground control station displays, the UAS position, navigation route, tail number, altitude, hea d ing, north seeking arrow, range to targets, c alculated target position, date/time, and sensor heading and orie n tation

relative to the UAS.U.S Department of Transportation

October 21

, 2015 Page 20

an accident, Marcus’ small battery powered BM

- UAS presents significantly less danger to persons on the ground when compared to operations by conventional manned aircraft. 21 As

P etitioner's BM

- UAS are battery powered, the public will also benefit from a reduction in

harmful petroleum based em issions associated with conventional aircraft performing in the same functions proposed herein. Air quality will naturally be improved with the reduction of fuel powered vehicles.

Lastly, as recognized by the FAA in prior Section 333 Grants of Exemptio n to filmmakers, UAS provide an additional economic tool for the aerial filming notwithstanding the industry, adding a greater degree of flexibility, which supplements the current capabilities offered by manned

aircraft. 22 The quality of the finished produ ct is enhanced and provides a greater finished product demand which will aid the current UAS industry and provide additional jobs as the cost of providing the needed product is greatly reduced while reducing the difficulty with which the finished product i s created . The demand for the current industrial product is increasing and will continue to increase given the enhanced flexibility of production ; therefore, given the lower cost, owner/operators and others in the relevant industry will be more inclined t o utilize the services of

commercial UAS along with a n appropriate licensed PIC’s

.

VIII. PRIVACY

All BM

- UAS operations will be conducted in accordance with applicable federal, state, and local laws regarding privacy. All operations shall be conducted o ver private or controlled

- access property with permission from the land owner/controller or authorized representative. Permission from land owner/controller or authorized representative will be obtained for each flight to be

conducted.

IX. FEDERAL REGIST ER SUMMARY

Pursuant to 14 C.F.R. Part 11, the following summary is provided for publication in the FEDERAL REGISTER, should it be determined that publication is needed: Petitioner seeks an exemption from the following rules in Title 14 of the Code of Fede ral Regulations: Part 21, Subpart H; Part 27; 45.23(b); 45.27(a); 61.113; 91.7(a); 91.9(b)(2); 91.9(c); 91.103; 91.109(a); 91.119(c); 91.121; 91.151(a); 91.203 (a) & (b); 91.405(a); 91.407(a ) ( 1); 91.409(a ) ( 1) & (2); 91.417 (a) & (b).

The exemption will enhance safety by reducing risk to the aircraft crew, production crew, general public, property owners and city structures from the substantial hazards associated with!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! 21 See Grant of Exemption No. 11158 to Team 5, LLC (FAA

- 2014

- 0783 at 12): "Manned hel i copters conducting aerial filming can weigh 6,000 pounds or more a nd are operated by an onboard pilot, in addition to other onboard crewmembers, as necessary. The petitioner’s UAs will weigh less than 55 pounds with no onboard pilot or crew. The pilot and crew will be r e motely located from the aircraft. The limited weigh t significantly reduces the potential for harm to participating and nonparticipating individuals or property in the event of an incident or acc i dent.

Risk to an onboard pilot and crew during an incident or accident is eliminated with the use of a UA for t he aerial filming operation."

22 See e.g., Grant of Exemption No. 11178 to Picture Factory, Inc. (FAA

- 2014

- 0794 at 18).U.S Department of Transportation

October 21

, 2015 Page 21

performing equivalent film work and aerial video production with conventional fixed

- wing aircraft, rotorcraft, or other methods.

X. CONCLUSION

Marcus’ Petition for Exemption satisfies the criteria articulated in Section 333 of the Reform Act

of 2012 which includ es weight ; speed ; operating capabilities ; proximity to airports and populated

a reas ; operation within VLOS and national security. The proposed BM

- UAS operations will benefit the public as a whole by improving safety and reducing risk by alleviating human exposure to danger while lowering the attendant related costs thereby increasing the demand for the finished product. In consideration of the foregoing, this Petition for Exemption provides the FAA with more than adequate justification for granting the requested exemptions allowing

Marcus to use small BM

- UAS in the recorded production of its product.

We thank you for your prompt consideration of our requested exemptions.

Res pectfully s ubmitted,

Benjamin D. Marcus 406 Broadway, #304 Santa Monica, CA

Phone: 310.883.5064 : Email: ben@marcus

- family.org

(The following attached items contain proprietary and commercial information exempt from disclosure under the Freedom of Information Act, 5 U.S.C. § 522 et seq., and should be held in a separate file pursuant to 14 C.F.R. § 11.35(b)).

Attachments:

1. General Operations Manual

2. PIC Operating Manual

3. Company Protocols

4. Location Protocols 5. Flight Communications Protocols 6. Departing Location Protocols

7. Transmitter Protocols 8. Preflight Checklist 9. Post Flight Checklist 10. Equipment Checklist

11. UAS Manufacturer’s Manuals

a. User Manuals

b. UAS Maintenance Manuals