Marc T Mascarelli

5662 Eichen Circle West

Ft Myers, Fl. 33919

Ph: 239-565-7838 Email: marckymarc12@aol.com

RE: Exemption Request Section 333 of the FAA Reform Act of 2012

Attachments:

1) Private Pilot Airplane (PAR) Airman Report

References:

1) FAA Exemption No. 11138, Regulatory Docket No. FAA20140481

in the matter of the petition of DOUGLAS TRUDEAU

2) FAA Exemption No. 11136, Regulatory Docket No. FAA–2014–0508 in

the matter of the petition of ADVANCED AVIATION SOLUTIONS LLC

3) FAA Exemption No. 11080 Regulatory Docket No. FAA20140355

in the matter of the petition of FLYING CAM INC

4) FAA Exemption No. 11437 Regulatory Docket No. FAA20150221

in the matter of the petition of MARCUS D MELHUS

Dear Sir or Madam,

In accordance with the FAA’s Guidelines for Submitting a Petition for Exemption under

section 333 of the FAA Modernization and Reform Act of 2012, I Marc T. Mascarelli, referred to

hereafter as the petitioner, request exemption from the following sections of Title 14, Code of

Federal Regulations §§
91.119(c)

91.121

91.151(a)

91.407(a)(1)

91.409(a)(1)

91.409(a)(2)

91.417(a) & (b) 14 C.F.R. Part 21

14 C.F.R. 45.23 (b)

14 C.F.R 61.113 a+b

14 C.F.R. 61.133 a

14 C.F.R. 91.7 (a)

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

14 C.F.R. 91.103

14 C.F.R. 91.109

14 C.F.R. 91.119

14 C.F.R. 91.121

14 C.F.R. 91.151 (a)

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

14 C.F.R. 91.405 (a)

In order to operate small unmanned aircraft systems (UAS) commercially in airspace

regulated by the Federal Aviation Administration (FAA) for the purposes of aerial photography,

cinematography, videography, roof inspections, real estate, and other flight operations that could be

performed safely and more cost effectively with the use of small UAS at low altitude within the U.S. 

national airspace system as compared to a manned aircraft. I am a Florida State certified Home
Inspector (primary request) in need of UAS to perform roof inspections and for other related real estate 

purposes.

Currently employed for 25 years in the Fire Department, current title Battalion Chief, operations 

may also be in support of local fire departments and related emergency service agencies

( Non-governmental use private contractor) , focusing on pre-incident planning and imaging that

would form the basis for incident action plans in the event of a real emergency. 

All operations stated above will be performed only at the request of and with the authorization and 

permission of clients

(municipalities) or their authorized agents in order to improve incident pre-planning and raise

awareness of the beneficial uses of small unmanned air systems. 

So long as such operations are conducted within and under the conditions outlined herein

or as may be established by the FAA as required by Section 333. The conditions identified and

proposed by the petitioner are drawn from references 1-3. The petitioner is also aware that before any

commercial flight operation, in addition to acquiring a sec 333 exemption, the petitioner must also 

register their UAS and acquire an N number through the FAA.

The FARs

The petitioner seeks exemption from the above mentioned FARs for the following

reasons;

61.113(a) & (b);

The petitioner requests relief in order to facilitate the utilization of an experienced UAS

operator with the addition of a trained observer. All pre-flight inspection, maintenance and flight

logs will be saved and made available to the FAA and Secretary of Transportation (SoT) for

review; with the purpose of safely integrating civil UAS operation in the National Airspace

System.

91.119(c)

As discussed in Exemption 11138 (DOUGLAS TRUDEAU), operations conducted closer
than 500 feet to the ground may require that the UA be operated closer than 500 feet to essential

persons, or objects that would not be possible without additional relief. The petitioner requests

modification, waiver or exemption and clarification concerning the terms “congested areas” and

“densely populated”. The petitioner requests waiver for this condition to allow reasonable and

responsible operations in areas of subdivisions and neighborhoods if required.

The petitioner will primarily operate the UAS between ground level and 200 feet. The

UAS will be operated over designated properties with the consent of the local municipality or

their designated agent and while maintaining a safe distance from persons. The petitioner will

compile flight data from the logs. This data may assist the FAA in development of regulations

for commercial operations in low-risk, controlled environments.

91.121

As discussed in Exemption 11138 (DOUGLAS TRUDEAU) is inapplicable since the

UAS does not have an altimeter and instead utilizes electronic GPS with a barometric sensor for

altitude information.

91.151(a)

As discussed in Exemption 11136 (ADVANCED AVIATION SOLUTIONS LLC) prior

relief has been granted for manned aircraft to operate at less than the prescribed minimums,

including Exemption Nos. 2689, 5745, and 10650. In addition, similar UAS specific relief has

been granted in Exemption Nos. 8811, 10808, and 10673 for daytime, VFR conditions. The UAS

provides battery power remaining in percent to the PIC. The UA batteries provide approximately

25 minutes of powered flight. Information provided in the operating documents discusses

procedures regarding remaining battery power management. Those documents contain a

condition in which the PIC will initiate a landing procedure when battery remaining reaches a

specified level. Given the limitations on proposed operations and the location of those proposed

operations, The FAA found that a reduced minimum power reserve for flight in daytime VFR
conditions was reasonable.

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

As discussed in Exemption 11138 (DOUGLAS TRUDEAU), The petitioner proposes to

inspect and ensure that the UAS is in a condition for safe flight in accordance with the operating

documents. The FAA found that adherence to the petitioner’s operating documents and the

conditions and limitations specified, describing the requirements for maintenance, inspection,

and recordkeeping, were sufficient to ensure that safety would not be adversely affected.

The DJI Phantom 3 Advanced is a highly successful consumer grade small rotorcraft in

the quadcopter configuration with an advertised weight of less than 44 Ounces (1242g) designed

primarily to carry aloft a high definition camera. It has an advertised maximum speed of less

than 30 knots (15m/s) and a maximum climb rate of less than 1200 feet per minute (6 m/s). It is

powered by four electric motors with a distance between motors of less than 14 inches (350mm).

It utilizes an internal inertial measuring unit (IMU) with integrated barometric sensor augmented

with global positioning system (GPS) to maintain its geospatial orientation and position. It is

controlled primarily through an FCC certified radio control (RC) unit. Real time video and

telemetry information is transmitted back to a ground control station allowing the operator and/or

PIC to monitor battery level, GPS signal strength, altitude (AGL), distance from PIC, camera

imagery, and control camera angle. It has failsafe modes of operation for either loss of RC or

GPS signal. Altitude can be limited by the onboard flight controller (maintaining default presets at 

400ft).

Battery life limits flight times to approximately 25 minutes. The

onboard flight controller will warn the pilot via telemetry and external lighting cues before

reaching a low battery state. An automatic termination of flight and landing will be initiated

when the battery reaches a predetermined low state. It is anticipated that flights will usually last

less than 12 minutes. 

Risk mitigation
The petitioner has reviewed FAA exemptions reference’s 1-3 Conditions and Limitations

section and believes that the procedures specified therein are reasonable and will be utilized in

order to manage and mitigate risk and ensure public safety. A preflight checklist will be

developed and employed to ensure that the UA airworthiness will be verified before launch.

Airworthiness will be maintained by performance of routine inspections before each flight,

maintaining flight and maintenance logs to record time on failure prone components. These

documents will be made available to the FAA and SoT to assist in future implementation of

safety standards and regulations. The petitioner will only operate the UAS over designated

properties with the clients consent. Flight plans will be predetermined to limit the UASs flight

time and limit safety concerns. The petitioner will take into account distance from persons and

potential flight obstacles prior to operating the UAS. UAS operation will always be within

VLOS of the PIC (certified pilot). The UAS will not be flown within a 5 mile range to any airport or 

heliport.

Public Benefit and Safety

Use of the UAS in lieu of a manned aircraft would enhance safety and reduce the

environmental impact as compared to similar operations conducted with manned aircraft of

greater proportions, carrying a crew and flammable fuel. With the ability to easily and cost

effectively gain a perspective of complex and possibly high risk environments, fire departments

can more effectively develop pre-plans to mitigate any situations that arise. Moreover, the ability

to periodically review building roof modifications and loads significantly improves situational

awareness . Operations for this petition will enable fire departments to gain an enhanced

perspective for characteristics, exposures and hazards associated with a particular property that

cannot be gained through ground level inspection. Aerial surveying and inspections can increase

planning efficiency, improve resource estimations, and reduce risks to personnel and property.

The petitioner will provide clients with photographic data for these purposes on a ‘for hire’ basis

acting as an independent contractor. For the purpose of home roof inspections, UAS photographs 
provides assurance to the client to avoid the inspector and/or clients from having to access the roof 

which has a high risk of a fall resulting in serious injury or death. 

Flight data including UA flight time, Control Unit operation time, incident, accident, and details 

concerning any deviations from normal operations will be available to FAA for use in collecting data 

regarding the use of UAS as part of this application. This data may be submitted to FAA via traditional 

means or other means as required.

Summary

The petitioner is requesting this exemption section 333 of the FAA Modernization and Reform Act of 

2012 91.119(c), 91.121, 91.151(a), 91.407(a)(1), 91.409(a)(1), 91.409(a)(2), 91.417(a) & (b) 14 C.F.R. Part 

2, 14 C.F.R. 45.23 (b), 14 C.F.R 61.113 a+b, 14 C.F.R. 61.133 a , 14 C.F.R. 91.7 (a), 14 C.F.R. 91.9 (b) (2), 14 

C.F.R. 91.103 , 14 C.F.R. 91.109, 14 C.F.R. 91.119, 14 C.F.R. 91.121, 14 C.F.R. 91.151 (a), 14 C.F.R. 91.203 

(a) & (b), 14 C.F.R. 91.405 (a)

for the purposes of “aerial photography, videography, real estate, roof inspections, and other 

flight operations possibly including private contractor fire department preplanning. The petitioner's 

business model is based on the idea of offering small UAS services to clients who wish to employ these 

services as a safe, effective, and legal option to enhance their operations. By providing this service to 

multiple clients, the petitioner can ensure adherence to standards and protocols and can develop and 

refine generally applicable safety guidelines and processes. The primary purpose of seeking this 

exemption is to obtain the capability to offer services while remaining in compliance. The petitioner has 

been in the Professional Fire Service for 25 years. Currently a Chief Officer, I am familiar and currently 

hold the highest standard to public safety. The petitioner also has 20 years of experience in the radio 

control model aircraft fixed wing, rotorcopter, and quadcopter hobby. In addition, the petitioner has 

completed Ground School Private Pilot Course and passed the FAA Airman written exam giving me a 

clear understanding of the FAA guidelines and their application to safety.

Respectfully submitted

Marc Mascarelli