Nathan Marlin

139 Lile St. Cave City, AR 72521 (870) 307

- 9860 nnmarlin@gmail .com
Dear Sir or Madam: This petition is being submitted on my behalf without legal counsel or consulting services.

Pursuant to Section 333 of the FAA Modernization and Refor m Act of 2012 (the Reform Act), and 14 C.F.R. Part 11, Nathan Marlin , a freelance multimedia producer , hereby applies for an exemption from the Federal Aviation Regulations (FARs) listed below to allow operation of our Small Unmanned Aircraft System (sUAS) commercially in airspace regulated by the Federal Aviation Administration (FAA) so long as such operations are conducted with and under the conditions outlined herein or as may be established by the FAA as required by Section 333. The requested exemptio n would permit Nathan Marlin to pursue his commercial interests in providing services to clients using a small advanced sUAV in the following areas: Real Estate, Marketing, Land Management/Surveying, and Special Events

. Nathan Marlin states that all sUAS flights will occur over private or controlled access property and will do so w ith the property owner's consent and knowledge and that only people who have consented or otherwise have agre ed to be within the UAS’ radius during filming and photography appli cations.

Nathan Marlin has dem onstrated the ability to safely and effectively fly the sUAS DJI Phantom 3 Professional which will be used for all commercial and private purposes. Nathan Marlin com plies with local ordinances and laws regarding the operation of sUAS , and adheres to all weather and environmental restrictions or limitations in reference to the operations of sUAS. All flights will occur in ordinance with any state or local laws regarding privacy.
I, Nathan Marlin , am seeking the exemption because I am committed to complying with all of the rules, guidelines , limitations, and future legislation set forth by the FAA. I agree to operate the sUAS in the manner that I have descri bed, and for the purposes that I have described. Without the exemptio n request granted, I wo uld be unable to safely and effectively start my business, and it is my intention to comply with the FAA and obtain an exemption of the following regulations.

The following contains my list of regulations from which we are seeking e xemption, and a complete list of responsibilities we assume as operator s ; it also contains inform ation regarding the aircraft, public benefit and safety features, and similar petitions requests granted.
**Regulations from which exemption is requested:** 

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. 91.7(a) 14 C.F.R. 91.9(b) (2) 14 C.F.R. 91.109 14 C.F.R. 91.119 14 C.F.R. 91.12114 C.F.R. 91.151(a)

14 C.F.R. 91.203(a) & (b) 14 C.F.R. 91.205(b) 14 C.F.R. 91.215 14 C.F.R. 91.401

- 91.417

**I, THE OPERATOR ,**  **ASSUME THE FOLLOWING RESPONSIBILITIES** 1. Operations authorized by this grant of exemption are limited to the DJI Phantom 3 Professional when weighing less than 55 pounds including payload. Proposed operations of any othe r aircraft will require a new petition or a petition to amend this exemption. 2. Operations for the purpose of closed

- set motion picture and television filming are not permitted. 3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The exemption holder may use either groundspeed or calibrated airspeed to determine compliance with the 87 knot speed restriction. In no case will the UA be operated at airspeeds greater than the maximum UA operating airspeed recommended by the airc raft manufacturer. 4. The UA must be operated at an altitude of no more than 400 feet above ground level (AGL). Altitude must be reported in feet AGL. 5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires th e PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s FAA

- issued airm an medical certificate or U.S. driver’s license. 6. All operations must utilize a visual observer (VO). The UA must be operat ed within the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC alw ays maintains VLOS capability. The VO and PIC must be able to communicate verbally at all times; electronic
m essaging or texting is not permitted during flight operations. The PIC must be designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC must ensure that the VO can perform the duties required of the VO

. 7. This exemption and all documents needed to operate the UAS and conduct its operations in accordance with the conditions and limitations stated in this grant of exemption, are hereinafter referred to as the operating documents. The operating documents must be accessible during UAS operations and made available to the Administrator upon request. If a discrepancy exists betw een the conditions and 4 limitations in this exemption and the procedures outlined in the operating documents, the conditions and li mitations herein take precedence and must be followed. Otherwise, the operator must follow the procedures as outlined in its operating documents. The operator may update or revise its operating documents. It is the operator’s responsibility to track such r evisions and present updated and revised documents to the Administrator or any law enforcement official upon request. The operator must also present updated and revised documents if it petitions for extension or amendment to this grant of exemption. If the operator determines that any update or revision would affect the basis upon which the FAA granted this exemption, then the operator must petition for an amendment to its grant of exemption. The FAA’s UAS Integration Office (AFS −80) may be contacted if que stions arise regarding updates or revisions to the operating documents. 8. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight characteristics, e.g., replacement of a flight critical component, must undergo a func tional test flight prior to conducting further operations under this exemption. Functional test flights may only be conducted by a PIC with a VO and must remain at least 500 feet from other people. The functional test flight must be conducted in such a manner so as to not pose an undue hazard to persons and property. 9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a condition for safe operation. 10. Prior to each flight, the PIC must conduct a pre

- flight inspe ction and determine the UAS is in a condition for safe flight. The pre

- flight inspection must account for all potential discrepancies, e.g., inoperable components, items,or equipment. If the inspection reveals a condition that affects the safe operation o f the UAS, the aircraft is

prohibited from operating until the necessary maintenance has been performed and the UAS is found to be in a condition for safe flight. 11. The operator must follow the UAS manufacturer’s maintenance, overhaul, replacement, insp ection, and life limit requirements for the aircraft and aircraft components. 12. Each UAS operated under this exemption must comply with all manufacturer safety bulletins. 13. Under this grant of exemption, a PIC must hold either an airline transport, c ommercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Feder al government. The PIC must also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate. 5 14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and
em ergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and structures. PIC qualificat ion flight hours and currency must be logged in a manner consistent with 14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs (training, proficiency, and experience

- building) and determining the PIC’s ability to safely operat e the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of this exemption. However, training operations may only be conducted during dedicated training sessions. During training, proficiency, an d experience

- building flights, all persons not essential for flight operations are considered nonparticipants, and the PIC must operate the UA with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119. 15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All operations must be conducted under visual meteorological conditions (VMC). Flights under special visual flight rules (SVFR) are not authorized. 16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted w ith an ARP, the center of the airport symbol as denoted on the current FAA

- published aeronautical chart, unless a letter of agreeme nt with that airport’s management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the airport management must be made available to the Administrator or any law enforcement official upon request. 17. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or w hen visibility is less than 3 statute miles from the PIC. 18. If the UAS loses communications or loses its GPS signal, the UA must return to a pre

- d etermined location within the private or controlled

- access property. 19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies. 20. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather c onditions) there is enough available pow er for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater. 21. Air Traffic Organization (ATO) Certificat e of Waiver or Authorization (COA). All operations shall be conducted in accordance with an ATO

- issued COA. The exemption holder may apply for a new or amended COA if it intends to conduct operations that cannot be conducted under the terms of the attached COA. 6 22. All aircraft operated in accordance with this exemption must be identified by serial number, registered in accordance with 14 CFR part 47, and have identification (N −Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must be as large as practicable. 23. Documents used by the operator to ensure the safe operation and flight of the UAS and any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the PIC at the Ground Control Station of the UAS any time the aircraft is operating. These documents must be made available to the Administrator or any law enforcement official upon request. 24. The UA must remain clear and give wa y to all manned aviation operations and activities at all times.25. The UAS may not be operated by the PIC from any moving device or vehicle.

26. All Flight operations must be conducted at least 500 feet from all nonparticipating persons, vessels, vehicles, and structures unless: a. Barriers or structures are present that sufficiently p rotect 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 leave such protection and are within 500 feet of the UA, flight operations must cease immediately in a manner ensuring the safety of nonparticipating persons; and b. The owner/controller of any vessels, vehicles or structures has granted permission for operating closer to those objects 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. The PIC, VO, operator trainees or essential persons are not considered nonparticipating persons under this ex emption. 27. All operations shall be conducted over private or controlled

- access property with permission from the property
owner/controller or authorized representative. Permission from property owner/controller or authorized representative will be obtai ned for each flight to be conducted. 28. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office (AFS −80 ) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB) per instructions contained on the NTSB Web site: www.ntsb.gov.

**SIMILAR EXEMPTIONS** They are similar in all/or many material respects to relief previously r equested in Grant of Exemption Nos. 11062, 11109, 11112, and 11213
**Public Benefit and Safety** Unmanned Aircraft System sUAVs are often seen as superior to helicopters as an aerial video gathering platform due to the smaller devices cheaper equipment and p ersonnel cost, reduced noise and as such, a much smaller environmental impact which promotes public safety. Nathan Marlin is petitioning for an exemption to operate a DJI Phantom 3 with a built

- in stabilized HD camera and GPS safety features which limit i ts ability to limit the height it flies above ground level (AGL), to limit the radius of the distance it flies from the operator and to exclude it from operations w ithin designated Class B, C and D airspace including a no

- fly zone feature. The DJI Phantom 3 also has a failsafe function that is triggered in the event communication is lost between the sUAS and the main controller transmitter. At that time, the sUAS will return to its point of takeoff and land safety. If the connection is restored, the PIC can regain control of flight and land manually. These specifications meet with the Model Aircraft Operating Standards as set below:

 The petitioner will only operate its sUAS in line

- of

- sight of a pilot and/or observer and will operate at sites that are `sufficient distance' from populated areas within the sterile area described in the FOPM. Such operations will ensure that the sUAS will "not create a hazard to users of the national airspace system or the public."

 When flying the sUAS within three (3) miles of an airport, airport operators w ill be notified and the operator will give the right

- of

- wa y to avoid flying in the proximity of full

- scale aircraft. Maximum flight time for each operation will be 30 minutes. Flights will be terminated when battery levels reach 25%, allowing sufficient reserve flight time to safely land the

sUAS.

 The sUAS will be programmed so it will not be operated at an altitude that exceeds 400 feet AGL, and not more than 200 feet abov e an elevated platform from which videography is planned.

 Minimum crew for each operation shall consist of: sUAS pilot, a visual sUAS observer, and the camera operator.

 The sUAS operated by the petitioner weighs less than 25 pounds, including all pay load (i.e. camera, lens, and stabilized gimbal).

 The sUAS will operate at speeds of no more than 50 knots, can hover, and can simultaneously move vertically and horizontally.

 Given the small size of the sUAS and the restricted sterile environment within which it will operate, Alpha Dog Media ’s operations adhere to the Reform Act's safety requirements.



### Respectfully , Nathan Marlin 

# Nathan Marlin