**Al aska A** **erial Media, An**  **chorage A K** 

**- Section 333 Exemption** 

**Petition**

**Ala ska A**  **erial Media, A nchorage A**  **K**

**- Section 333 Exemption Petition**  March 26, 2015
U. S. Department of Transportation Docket Management System 1200 New Jersey Ave, SE Washington, DC 20590

**Re:** Exemption Request Section 333 of the FAA Reform Act of the Federal Aviation Regulations from 14 C.F.R. 45.23(b); 14 C.F.R. Part 21; 14 C.F.R. 61.113(a)&(b); 91.7(a); 91.9(b) (2); 91.103(b); 91.109; 119.121; 91.151(a); 91.203(a)&(b); 91.405(a); 91.407(a) (1); 91.409(a) (2); 91.417(a)&(b)

Dear Sir or Madam,
I, Ryan Marlow, am writing pursuant to the FAA Modernization and Refo rm Act of 2012 and the procedures contained within 14 C.F.R. 11, to request that I, Ryan Marlow, an owner and operator of small unmanned aircraft (N99887), be exempted from the Federal Aviation Regulations (“FARs”) listed below so that I, Ryan Marlow, may operate my small ultra light weight unmanned aircraft system (N99887) or (“UAS”) commercially in airspace regulated by the Federal Aviation Administration (“FAA”).
As described herein I, Ryan Marlow, have added a professional grade quad

- copter UAS (N9988 7) to my inventory equipped with a DJI Zenmuse H 3 camera with intent for aerial videography/cinematography to enhance academic community awareness for those individuals and companies unfamiliar with the geographical layout of the Anchorage area, and pursue implementation of emergency use UAS systems with p ublic**Al aska A** **erial Media, An**  **chorage A K** 

**- Section 333 Exemption** 

**Petition**

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**- Section 333 Exemption Petition**  e ntities; following exemption and approval by the FAA. This will allow for enhancement of the academic research experience for the Anchorage area. I plan to add a second quad

- copter with a FLIR camer a to my inventory in the future with comparable safety capabilities.

I have flown small RC multi rotors for over eight (8) years without incident. As well as working with local FSDO on flight safety, I
am committed to safety with each flight. My, Ryan Mar low's, exemption request would permit operation of ultra light weight, unmanned (piloted by remote control) and comparatively inexpensive UAS(s) in tightly controlled and limited airspace. Predetermined in areas away from general public, airports, heliports and vehicular traffic for community videos, and within property boundaries for individual homeowner real estate listing videos/photos. Currently, similar lightweight, remote controlled UAS's are legally operated by unmonitored amateur hobbyists with no safety plan or controls in place to prevent catastrophe. I, Ryan Marlow, have personally instilled safety protocols, sterile cockpit rule and checklists prior to operation. This will act to further safety protocols exclusive to lightweight UAS's specific t o real estate video and photography usage as I, Ryan Marlow, record flight data and other information gained through permitted flight operations to share with the FAA through any required FAA reports to assist with future protocol and safety regulation.

G ranting my, Ryan Marlow's, request comports with the Secretary of Transportation’s (FAA Administrator’s) responsibilities and authority to not only integrate UAS's into the national airspace system, but to “...establish requirements for the safe operation of such aircraft systems [UAS's] in the national airspace system” under Section 333(c) of the Reform Act specific to the use of UAS's for Aerial Surveying and Search and Rescue Systems.**Al aska A** **erial Media, An**  **chorage A K** 

**- Section 333 Exemption** 

**Petition**

**Ala ska A**  **erial Media, A nchorage A**  **K**

**- Section 333 Exemption Petition**  Further I, Ryan Marlow, will conduct my operations in compliance with the protocols described herein or as otherwise established by the FAA.
For the reasons stated below I, Ryan Marlow, respectfully request the grant of an exemption allowing me to operate ultra light weight, remote controlled UAS’s for academic community
aw areness to benefit/stimulate attraction to the Anchorage area and to enhance real estate listing videos for homeowners who cannot afford expensive manned aircraft for the same purpose. Both of which will promote local economic growth through increased empl oyment and increased tax base. Both with public safety in mind by keeping heavier manned aircraft containing combustible fuel that that poses potential public hazard.

**I. Contact Information:** Ry an Marlow, Alaska Aerial Media, LLC 7960 Upper O'Malley Road Anchorage, AK 99507 Office: (907)

- 349

- 1628 Mobile: (907)

- 717

- 9794 Email: apexlivesound@gmail.com

**II**

. **The Specific Sections of Title 14 of the Code of Federal**  **Regulations From Which Ry an Marlow** **Requests Exemption**
**are:** 14 CFR 21; 14 CFR 61.113 (a) & (b); 14 C.F.R. 91, et seq.; 14 CFR 407 (a) (1); 14 CFR 409 (a) (2); and, 14 CFR 417 (a) & (b). **III. The Extent of relief Ry an Marlow**  **seeks and the Reason He Seeks Such Relief:** 
I, Ryan Marlow, submit this application in accordance with the**Al aska A** **erial Media, An**  **chorage A K** 

**- Section 333 Exemption** 

**Petition**

**Ala ska A**  **erial Media, A nchorage A**  **K**

**- Section 333 Exemption Petition**  Reform Act, 112 P.L. 95 §§ 331

- 334, seeking relief from any currently applicable FARs operating to prevent me, Ryan Marlow, from commercial cinematic , academic and other flight operations within the national airspace system. The Reform Act in Section 332 provides for such integration of civil unmanned aircraft systems into our national airspace system as it is in the public’s interest to do so. My, Rya n Marlow’s, ultra light weight UAS meets the definition of “small unmanned aircraft” as defined in Section 331 and therefore the integration of my ultra light weight UAS is expressly contemplated by the Reform Act. I would like to operate my ultra light we ight UAS prior to the time period by which the Reform Act requires the FAA to promulgate rules governing such craft. Thereby, providing direct experience and valuable information for formal regulation that can be administered uniformly to all real estate related UAS aerial video and photography. The Reform Act guides the Secretary in determining the types of UAS's that may operate safely in our national airspace system. Considerations include: The weight, size, speed and overall capabilities of the UAS's; W hether the UAS will be operated near airports or heavily populated areas; and, Whether the UAS will be operated by line of sight. 112 P.L. 95 § 333 (a). Each of these items reflect in favor of an exemption for me, Ryan Marlow. My UAS utilizes four (4) coun ter

- rotating propellers for balance, control and stability. My UAS is equipped with GPS and auto return safety technology. Additionally, my UAS weighs less than five (5) pounds (far below the maximum 55 pound limit); including camera with gimbal.
I, Ryan Marlow, consider safety foremost with each flight. My small, unmanned aircraft is designed to hover in place via GPS and operate in less than a 24 knot (15 mph) wind. For safety, stability and fear of financial loss I will not fly in winds exceeding 16 kph (10 mph). Built in safety systems include a GPS mode that allows my UAS to hover in place when radio controls are**Al aska A** **erial Media, An**  **chorage A K** 

**- Section 333 Exemption** 

**Petition**

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**- Section 333 Exemption Petition**  released. With three modes to choose from, I utilize the (GPS) Smart Mode for aerial videography/photography. This is the safest, most reliab le and stable mode to prevent accident and hazard. When pilot communication is lost UAS is designed slowly descend to point of take off. I do not operate my UAS near airports, Hospitals nor Police heliports, and do not operate near areas where general publ ic is within fifty to one hundred (50

- 100) yards depending on location, conditions and weather. I am constantly on alert for any manned aircraft (Police/Medical helicopters, etc.) and prepared to land/abort immediately to the nearest and safest ground poin t should a manned aircraft approach my location or I suspect manned aircraft may approach near my location. I Do call in to local Air Traffic Control to alert of my flight plan and operations as well as calling back when operations are complete. My UAS is capable of vertical and horizontal operations, and is flown only within my line of sight of me, as the remote control pilot. Utilizing battery power rather than combustible fuels, flights generally last between twelve (12) to seventeen (17) minutes, with a n altitude under one hundred fifty (150) feet.
I, Ryan Marlow, utilize a fresh fully charged smart battery with each flight as a safety precaution; full flight time limit for each battery is eighteen (18) to twenty (20) minutes as tested. I do not operat e my UAS at or below manufacture recommend minimum charge levels for operation or exceed temperature ratings of 0*F as per manufactures request; preferring to remain well within a safe operating range to insure adequate communication between radio control and UAS to eliminate potential for crash, loss of control or hazard. Reserve batteries are at hand with each exercise to insure replacement for sufficient safe level of operation. I do not believe in taking risk that may cause a crash that could create haz ard to the public/property/manned aircraft, and have no desire to lose an investment. I have clocked**Al aska A** **erial Media, An**  **chorage A K** 

**- Section 333 Exemption** 

**Petition**

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**- Section 333 Exemption Petition**  numerous practice flights in remote areas as a hobbyist simulating flights for future commercial use to gain familiarization with the characteristics of th is specific UAS's performance under different temperature and weather conditions. I also practice computerized simulated flights to maintain adequate skills and response reflex time.
I, Ryan Marlow, am extremely cautious when operating of my UAS/ultra li ght weight unmanned aircraft and will not “create a hazard to users of the national airspace system or the public.” 112 P.L. 95 § 333 (b). Given the small size and weight of my UAS it falls well within Congress’s contemplated safety zone when it promulgate d the Reform Act and the corresponding directive to integrate UAS's into the national airspace system. Ryan Marlow’s UAS, used in hobby flight, has a demonstrable safety record and does not pose any threat to the general public or national security.

**IV. How**  **Ry an Marlow** **Request Will Benefit the Public A s A**  **Whole:**
Aerial videography for geographical awareness and for real estate marketing has been around for a long time through manned fixed wing aircraft and helicopters. For small budget production compani es and average homeowners the expense of such aerial videography is cost prohibitive. Only large companies and high end film companies can afford to absorb such expense. Which is wh ere the option of less expensive unmanned systems becomes affordable to any one. Manned aircraft pose a threat to the public through potential catastrophic crashes that Alaska has come to expect every year. Anchorage area is a very busy airspace, which is why I am pursuing a 333 Exemption to lead the way for other businesses and o r enthusiast. My main goal is to prove to public that my UAS can be used in Fire, Police or**Al aska A** **erial Media, An**  **chorage A K** 

**- Section 333 Exemption** 

**Petition**

**Ala ska A**  **erial Media, A nchorage A**  **K**

**- Section 333 Exemption Petition**  natural disaster relief. My , Ryan Marlow's, UAS pose no such threat since size and lack of combustible fuel alleviates any potential threat to the public.
Congres s has already proclaimed that it is in the public’s interest to integrate commercially flown UAS's into the national airspace system, hence the passing of the Reform Act. Granting my, Ryan Marlow’s, exemption request furthers the public interest through
ac ademic/visual awareness of the geographical benefits in and around the Anchorage area. My ultra light weight UAS is battery powered and creates no emissions that can harm the environment. The consequence of my ultra light weight UAS crashing is far less th an a full size helicopter or fixed wing aircraft; which are heavy, contain combustible fuel and can cause catastrophic devastation to the public.
The public’s interest is furthered by minimizing ecological and crash threat by permitting aerial video/photo capture through my battery operated ultra light weight UAS's. Permitting me, Ryan Marlow, to immediately fly within national air space furthers economic growth. Granting my exemption request substantially furthers the economic impact for the Anchorage community for companies looking to relocate or build in the Anchorage area as well as individuals looking to relocate for career advancement through academic and geographical awareness. Both of which
serve as a stimulus to the community.

**V. Reasons Why Ry**  **an Marlow 's Exemption Will Not**  **Ad ve**  **rsely A** 

**ffect Safety Or How** **The Exemption Will Prov ide**  **a Le vel of Safety** **A t Least Equal To Existing Rule:** 
My , Ryan Marlow’s, exemption will not adversely affect safety. Quit e the contrary, for the reasons stated permitting me, Ryan**Al aska A** **erial Media, An**  **chorage A K** 

**- Section 333 Exemption** 

**Petition**

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**- Section 333 Exemption Petition**  Marlow, to log more flight time in FAA controlled airspace, with communication with the FAA, will allow me to contribute to the innovation and implementation of new and novel, as of yet undiscovere d safety protocols.
I, Ryan Marlow, submit the following representations of enhancements to current aerial videography , photography and aerial surveying aspects :

 My UAS weighs less than 5 pounds complete with a small ultra light weight hig h quality DJI Zenmuse H3 camera.

 I only operate my UAS below 200 feet (well within the 400 foot permissible ceiling set by the FAA Modern ization and Reform Act of 2012.)

 My UAS only operat es for 12

- 17 minutes per flight.

 I land my UAS prior to manufacturer recommended m inimum level of battery power.

 I pilot my UAS through remote control only by line of sight.

 My UAS has GPS a flight safety feature whereby it hovers and then slowly lands if communication with t he remote control pilot is lost.

 I actively analyze flight dat a and other sources of information to constantly update and en hance safety protocols.

 I only operate in reasonably safe environment that are strictly controlled, are away from power lines, elevated lights, airports and actively populated areas.

 I conduct e xtensive pre

- flight inspections and protocol, during which safety

carries primary importance.

 I always obtain all necessary perm issions prior to operation.

 I have procedures in place to abort flights in the event of safety breaches or potential danger.**Al aska A** **erial Media, An**  **chorage A K** 

**- Section 333 Exemption** 

**Petition**

**Ala ska A**  **erial Media, A nchorage A**  **K**

**- Section 333 Exemption Petition**  M y, Ryan Marlow’s, safety protocols provide a level of safety equal to or exceeding existing rules. It is important to note that absent the integration of commercial UAS into our national airspace system, helicopters are the primary means of aerial video an d photography for community awareness and real estate. While the safety record of such helicopters is remarkable; it is far safer to operate a battery powered ultra light weight UAS.

 First, the potential loss of life is diminished because UAS's carry no pe ople on board and I only operates my UAS in specific areas away from mass populations.

 Second, there is no fuel on board a UAS and thus the potential for fire or explosions is greatly diminished.

 Third, the small size and extreme maneuverability of my UAS allow me to remotely pilot away from and avoid hazards quickly and safely.

 Lastly, given its small size and weight, even when close enough to capture amazing images, my UAS need not be so close to the objects they are focused on through the technology and use of post editing software allowing pan and zoom. Accordingly, my UAS has been experimentally operated for familiarization/competency and will continue to operate at and above current safety levels.

**VI. A Summary** **The FAA**

**May Publish in the Federal Regi**  **ster:**

A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like.
14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The size, weight and enclosed operational area of my, Ryan Marlow’s, UAS permits exemption from Part 21 because my**Al aska A** **erial Media, An**  **chorage A K** 

**- Section 333 Exemption** 

**Petition**

**Ala ska A**  **erial Media, A nchorage A**  **K**

**- Section 333 Exemption Petition**  UAS meets (and exceeds) an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to exemp t aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UAS's from the airworthiness certificate requirement in consideratio n of the weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. My, Ryan Marlow’s, current and projected UAS's meet or exceed each of the elements.
14 C.F.R. 91.7(a) prohibits the operation of an aircraft witho ut an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable.
14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no on board pilots or passengers, and given the size of the UAS's, this Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a
s afety/flight manual delineating areas of where safety can be defined. The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, 10167A, 10602, 10700 and 32827.
14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as my UAS utilizes electronic global positioning systems with a barometric sensor.
14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and registrations. They are inapplicable for the same reasons described above. The equivalent level of safety will be achieved by maintaining an y such required certifications and registrations by me, Ryan Marlow.**Al aska A** **erial Media, An**  **chorage A K** 

**- Section 333 Exemption** 

**Petition**

**Ala ska A**  **erial Media, A nchorage A**  **K**

**- Section 333 Exemption Petition**  B. 14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC. Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to non

- commercial operations. I, Ryan Marlow, can achieve an equivalent level of safety as achieved by current Regulations because my UAS does not carry any pilots or passengers. Further, while helpful, a pilot license will not ensure remote control piloting skills. The risks attended to the operation of my UAS is far less than the risk levels inherent in the commercial activities outlined in 14 C.F.R. § 61, et seq. Thus, allowing me, Ryan Marlow, to operate my UAS meet and exceed current safety levels in relation to 14 C.F.R. §61.113 (a) & (b).

C. 14 C.F.R . 91.119: Minimum Safe Altitudes.
14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows helicopters to be operated at lower altitudes in certain conditions. My UAS will never operate at an altitude greater than 200 AGL; safely below the standard of 400 AGL. I, Ryan Marlow, will however operate my UAS in safe areas away from public and traffic, providing a level of safety at least equivalent to or below those in relation to minimum safe altitudes. Given the size, weig ht, maneuverability and speed of my UAS, an equivalent or higher level of safety will be achieved.

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

The above

- cited Regulations require, amongst other things, aircraft owners and operators to “have [the] 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 chapte r. . . .”**Al aska A** **erial Media, An**  **chorage A K** 

**- Section 333 Exemption** 

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**Ala ska A**  **erial Media, A nchorage A**  **K**

**- Section 333 Exemption Petition**  These Regulations only apply to aircraft with an airworthiness certificate. They will not, therefore, apply to my, Ryan Marlow's, UAS. However, as a safety precaution I inspect my UAS before and after each flight.
A Summary The FAA May Publish in the Federal Register: A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like. 14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1). The size, weight and enclosed operational area of my UAS permits exemption from Part 21 because my, Ryan Marlow’s, UAS meets an equivalent level of safety pursuant to Section 333 of the Reform Act. The FAA is authorized to ex empt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both pieces of legislation permit the FAA to exempt UAS's from the airworthiness certificate requirement in considera tion of the weight, size, speed, maneuverability and proximity to areas such as airports and dense populations. My UAS meets or exceeds each of the elements. 14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no such certificate will be applicable in the form contemplated by the FARs, this Regulation is inapplicable. 14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no pilots or passengers, and given the size of the UAS's , this Regulation is inapplicable. An equivalent level of safety will be achieved by maintaining a manual. The FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 9565B, 10167, maintenance program that involves regular software updates and curative measures for any damaged hardware. Therefore, an equivalent level of safety will be achieved.**Al aska A** **erial Media, An**  **chorage A K** 

**- Section 333 Exemption** 

**Petition**

**Ala ska A**  **erial Media, A nchorage A**  **K**

**- Section 333 Exemption Petition**  **In summar y,**  **Ryan Marlow seeks an exemption from the**  **follow ing Regulations:** 
14 C.F.R. 21, subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. §§ 61.113 (a) & (b); 14 C.F.R. § 91.7 (a); 14 C.F.R. § 91.9 (b)(2); 14 C.F.R. § 91.103(b); 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) and (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. § 91.409 (a ) (2); and, 14 C.F.R. §§ 91.417 (a) & (b) to commercially operate my, Ryan Marlow’s, small unmanned vehicle/lightweight unmanned aircraft vehicle in community awareness and real e state operations, and to develop economic platforms for real estate to enhance the experience of those seeking to relocate to the Anchorage area. Currently, area awareness and real estate aerial videography/photography relies primarily on the use of larger aircraft running on combustible fuel. Posing potential risk to the public. Granting my, Ryan Marlow’s, request for exemption will reduce current risk levels and thereby enhance safety. My UAS craft does not contain potentially explosive fuel, is smaller, lighter and more maneuverable than conventional real estate video and photographic aircraft with much less flight time. Further, I operate at lower altitudes and in controlled airspace eliminating potential public risk flying to and from established airfields . I, Ryan Marlow, have been informally analyzing flight information and will compile safety protocols and the implementation of a flight operations manual for usage that exceeds currently accepted means and methods for safe flight. Fo rmal collection of information shared with the FAA will enhance the FAA's internal efforts to establish protocols for complying with the FAA Modernization and Reform Act of 2012. There are no personnel on board my, Ryan Marlow’s, UAS and therefore the like lihood of death or serious bodily injury is significantly diminished. My, Ryan Marlow’s, operation of my UAS, weighing**Al aska A** **erial Media, An**  **chorage A K** 

**- Section 333 Exemption** 

**Petition**

**Ala ska A**  **erial Media, A nchorage A**  **K**

**- Section 333 Exemption Petition**  less than 5 pounds and traveling at lower speeds within limited areas will provide an equivalent level of safety as that achieved under c urrent FARs. Accordingly I, Ryan Marlow, respectfully request that the FAA grant my exemption request and am willing to cooperate in sharing information to benefit the FAA, safety of manned aircraft, and the general public at large.

Respectfully
,

Ry a n Marlow, Owner / Manager Alaska Aerial Media, LLC 7960 Upper O'Malley Road Anchorage, AK 99507