Consumer Motivation through Creative Communication

4450 Cordova St., Suite 110, Anchorage, AK. 99503  ph (907) 562

- 8640  fax (907) 562

- 8641  gonzalezmarketing.com **Gonzalez Marketing LLC, Anchorage, AK**

**– Section 333 Exemption Petition**  August 13, 2015 United States Department of Transportation Docket Management Sy stem 1200 New Jersey

Ave., SE West Building Ground Floor Room W12

- 140 Washington, DC 20590
Re: E xemption 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 , Stephen L. Gonzalez, president and member of Gonzalez M arketing LLC, am writing to request that Gonzalez Marketing, LL C, an owner and operator of small unmanned aircraft, be exempted from the Federal Aviation Regulations ("FARs") listed below so that Gonzalez Marketing, LLC, may operate its small unmanned airc raft I lightweight unmanned aircraft s ys tem (N570HG) or "UAS" commercially in airspace regulated by the Federal Aviation Administration ("FAA"); as long as such operations are conducted within and under the conditions outlined herein or as may be establish ed b y the FAA as required b y Section 333. The conditions identified and proposed b y the applicant are drawn from Order 8900.1 CHG 0, Volume 3, Chapter 8

- Issue a Certificate of Waiver for Motion Picture and Television Filming. As identified and described herein, Stephen L. Gonzalez , and Gonzalez Marketing LLC are experienced veteran s in the broadcast media production industry

. Mr. Gonzalez and compan y have been producing television and web media for the broadcast industry for 15 ye ars. Gonzalez Marketing has long

- standing media production service contracts with many commercial advertisers including Lithia Automotive Group Alaska Dealerships , Chugach Electric Association , Li femed Alaska, Alaska Lasik Center and others. Mr. Gonzalez has flown his DJIQuad

- copter since October 2013. In anticipation of FAA regulations allowing commercial use of UAS for filmmaking and other uses, Gonzalez Marketing, LL C has been activel y involved in the technical development of UAS/ UAV service applications to provide high de finition film quality by aerial cinematograph y with small, unmanned aircraft and lightweight UASs. Gonzalez Marketing, LLC has fully equipped its small unmanned aircraft for aerial photograph y and cinematograph y, primarily for use in the television broadca st industry , though given their stability and maneuverability , they

may be used for other cinematography , such as tower and structure inspection, for search and rescue and b y other first responders.Consumer Motivation through Creative Communication

4450 Cordova St., Suite 110, Anchorage, AK. 99503  ph (907) 562

- 8640  fax (907) 562

- 8641  gonzalezmarketing.com **Gonzalez Marketing LLC, Anchorage, AK**

**– Section 333 Exem**  **ption Petition**
To date, Gonzalez Marketing LLC has rejected all offers to work with film, television, commercial television production companies and directors on locations within the United States, to ensure it is in compliance with an y applicable FARs. It, like other applicants, has done so despite Judge Patrick G. Geraghty's decision in the Raphael Pirker matter and his reasoning that no FARs prohibit the use of small unmanned aircraft or lightweight UASs like those flown by other peer companies.
Gonz alez Marketing, LLC exemption request would permit its operation of lightweight, unmanned (remotely

controlled in line of sight) UASs in tightly controlled and limited airspace. Predetermined, specificall y marked areas of operation, cordoned off locations and corresponding enhancements to current safety controls will allow Gonzalez Marketing LL C to operate within current safet y parameters and new ones being implemented. As identified, similar lightweight, remote controlled UASs are legall y operated b y amateurs with no flight experience, safety plan or controls in place to prevent catastrophe. Gonzalez Marketing, LLC has develop ed a process to monitor, evaluate and implement all aerial cinematograph y activities including pre - flight safety check ( list) and fl ight plan s ys tem. Further, Gonzalez Marketing LL C records flight data and other information gained through permitted flight operations to share with FAA through an y required FAA reports to assist with future protocol and safety regulations. Granting Go nzalez Marketing, LLC request comports with the Secretary of Transportation's (FAA Administrator's) responsibilities to not only integrate UASs into the national airspace s ys tem, but to "... establish requirements for the safe operation of such aircraft s y stems [UASs] in the national airspace s ys tem" under Section 333(c) of the Reform Act. Stephen L. Gonzalez and Gonzalez Marketing, LL C will conduct its operations in compliance with the protocols described herein or as otherwise established by the FAA.
Fo r the reasons stated herein, I , Stephen L. Gonzalez , President and Member of G onzalez Marketing, LL C respectfully request the grant of an exemption allowing operation of lightweight, remote controlled UAS's.Consumer Motivation through Creative Communication

4450 Cordova St., Suite 110, Anchorage, AK. 99503  ph (907) 562

- 8640  fax (907) 562

- 8641  gonzalezmarketing.com **Gonzalez Marketing LLC, Anchorage, AK**

**– Section 333 Exemption Petition**  **I. Contact Information:** Stephen L . Gonzalez, Gonzalez Marketing LLC 4450 Cordova Street Suite 110, Anchorage, Alaska 99503
**II. The Specific Sections of Title 14 of the Code of Federal Regulations,**  **Gonzalez Marketing LLC**  **R equests 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 Gonzalez Marketing, LLC**  **Seeks and the Reason It Seeks Such Relief:**  I Stephen L. Gonzalez of Gonzalez Marketing, LLC submit this application in accordance with the Reform Act, 112 P.L . 95 §§ 331

- 334, seeking relief from any currently a pplicable FARs operating to prevent Gonzalez Marketing, LLC contemplated commercial cinematic, rese arch and other flight 2 operations within the national airspace sy stem. The Reform Act in Section 332 provides for such integration of civil unmanned aircraft s ys tems into our national airspace s ys tem as it is in the public's interest to do so. Gonzalez Marketing, LLC lightweight UASs meet the definition of "small unmanned aircraft" as def

in ed in Section 331 and therefore the integration of Gonzalez Marketing, LLC lightweight UASs are expressly contemplated by

the Reform Act. Gonzalez Marketing, LL C would like to operate its lightweight UASs prior to the time period by which the Reform Act requires the FAA to promulgate rules governing such craft. The Reform Act guides the Secretary in determining the ty

pes of UASs that may

operate safel y in our national airspace s ys tem. Considerations include: The weight, size, speed and overall capabilities of the UAS; Whether the UAS will be operated near airports or populated areas; and, Whether the UAS will be operated b y line of sight. 112 P.L . 95 § 333 (a). Each of these items militates in favor of an exemption for Gonzalez Marketing, LLC

. Gonzalez Marketing, LLC UASs utilizes four counter

- rotating propellers for extreme balance, control and stability . They each weigh less than 1 5 pounds, including cinematic or othe r equipment. Gonzalez Marketing, LLC UAS are designed to primarily hover in place and operate at less than a 50 knot maximum speed. They are capable of vertical and horizontal operations but operate only within the line of sight of the remote control pil ot.Consumer Motivation through Creative Communication

4450 Cordova St., Suite 110, Anchorage, AK. 99503  ph (907) 562

- 8640  fax (907) 562

- 8641  gonzalezmarketing.com **Gonzalez Marketing LLC, Anchorage, AK**

**– Section 333 Exemption Petition**  In addition to the remote control pilot, Gonzalez Marketing, LL C uses a spotter and a technician, such that, at minimum, three Gonzalez Marketing, LLC personnel govern the saf e flight of an Gonzalez Marketing, LLC aircraft at all times. Utilizing battery

power and not combustible fuels, flights generall y last between five and twenty minutes. Gonzalez Marketing, LLC does not operate its UASs with less than twenty five percent battery

capacity . Safety s ys tems in place include a GPS mode that allows Gonzalez Marketing, LLC UASs to hover in place if communication with the radio control pilot is lost and then slowly descend the UAS at twent y five percent battery capacity . Further, Gonzalez Marketing, LLC UAS is programmed to slowly follow a predetermined set of waypoints to return to a safety point if communications are lost. Gonzalez Marketing, LLC does not operate its UASs near airports and generall y does not operate them near p opulated areas. Gonzalez Marketing, LLC onl y operates its UAS in predetermined areas and only in compliance with well

- regarded safety protocols such as those contained within the well

- established and commonly known Motion Picture and Television Operations Manual. Gonzalez Marketing, LLC operation of UAS will not "create a hazard to users of the national airspace s ys tem or the public." 112 P.L. 95 § 3 3 3 (b). Given the small size and weight of Gonzalez Marketing, LLC UAS, combined with operation in cordon ed off and well

- controlled areas, Gonzalez Marketing LLC UAS is within Congress's contemplated safety zone when it promulgated the Reform Act and the corresponding directive to integrate UASs into the national airspace s ys tem. Indeed, Gonzalez Marketing, LLC UAS have a demonstrable safety record and do not pose an y threat to the general public or national security. The FAA has the authority to issue the exemption to Gonzalez Marketing, LLC pursuant to the Federal Aviation Act, 85 P.L . 726 (1958), as amende d (the "Act").
**IV. Commercial and Public Benefits**  Granting Gonzalez Marketing, LLC exemption request furthers the public interest. First, Congress has already pronounced that it is in the public's interest to integrate commerciall y flown UASs into the n ational airspace s ys tem, hence the passing of the Reform Act. Second, Gonzalez Marketing, LL C conducts research into safe UAS operations every time it flies one of its UASs. Flight data, visual inspections, recorded observations and flight anal ys es are c ompiled to further enhance current safety protocols. Allowing Gonzalez Marketing, LLC to log more flight time directly relates to its research and its ability to further enhance current safety measures.Consumer Motivation through Creative Communication

4450 Cordova St., Suite 110, Anchorage, AK. 99503  ph (907) 562

- 8640  fax (907) 562

- 8641  gonzalezmarketing.com **Gonzalez Marketing LLC, Anchorage, AK**

**– Section 3**  **33 Exemption Petition** Third, the public has an interest in reducing the danger and emission associated with current aerial cinematic capture methods, namel y, full size helicopters. Gonzalez Marketing, LL C UASs are battery powered and create no emissions. If a Gonzalez Marketing, LL C UAS crashes there is no fuel to ignite and explode. The impact of Gonzalez Marketing, LLC lightweight UASs is far less than a full size helicopter, notwithstanding the statistically noteworthy

safety record of full size helicop ters used in motion picture capture. The public's interest is furthered b y minimizing ecological and crash impacts b y permitting motion picture capture through Gonzalez Marketing, LLC lightweight UASs. Progression of the arts and sciences has been fundamental to our society since its inclusion in the United States Constitution. Indeed, Congress mandated the integration of UASs into our national airspace sy stem, in part, to achieve progression in this noteworthy , and inevitable, field. Permitting Gonzalez Marketing, LLC to immediately

fl y within the United States furthers these goals. Whether it is the amalgam of scientific discoveries applicable to feature film making (including those drawing upon architecture, phys ics, engineering and cultural inclusivene ss) to advancements in publicly usable technologies or advancements in equipment available to law enforcement personnel and first responders that does not cost millions of dollars, granting Gonzalez Marketing, LLC exemption request substantially furthers the public's interest in ways known and currentl y unknown.
**V. Reasons Why**  **Gonzalez Marketing, LLC Exemption Will Not Adversely Affect**  **Safety Or How The Exemption Will Provide a Level of Safety At Least Equal To Existing Rule:**  Gonzalez Marketing, LLC exe mption will not adversel y affect safety. Quite the contrary , for the reasons stated, supra, permitting Gonzalez Marketing, LL C to log more flight time in FAA controlled airspace will allow Gonzalez Marketing, LL C to innovate and implement new and as of yet undiscovered safety protocols. In addition, Gonzalez Marketing, LL C submits the following representations of enhancements to current aerial motion picture capture techniques: • Gonzalez Marketing, LLC UASs weigh less than 1 5 pounds complete with GoPro He ro 4+ camera ; • Gonzalez Marketing, LLC onl y operates its UASs below 3 00 feet (well within the 400 foot permissible ceiling set by the FAA Modernization and Reform Act of 2012) ; • Gonzalez Marketing, LLC UASs onl y operate for 10

- 1 5 minutes per fli ght; • Gonzalez Marketing, LLC lands its UASs when they reach 25% battery

power; • Gonzalez Marketing, LLC remote control pilots operate Gonzalez Marketing, LLC UASs by line of sight; • Gonzalez Marketing, LLC remote control pilots have video backup s hould they somehow lose sight of the UAS; • Gonzalez Marketing, LLC staffs each flight with a remote control pilot, technician and spotter with communication sy stems enabling real time communication between them;Consumer Motivation through Creative Communication

4450 Cordova St., Suite 110, Anchorage, AK. 99503  ph (907) 562

- 8640  fax (907) 562

- 8641  gonzalezmarketing.com **Gonzalez Marketing LLC, Anchorag e, AK** 

**– Section 333 Exemption Petition** 

• Gonzalez Marketing, LLC UASs have GPS flight modes whereb y the y hover and then slowly land if communication with the remote control pilot is lost or battery power is below 25%; • Gonzalez Marketing, LLC act ively anal y z es electronic flight data and other sources of information to constantly update and enhance safety protocols; • Gonzalez Marketing, LLC onl y operates in secured areas that are strictl y controlled, are away from airports and populated ar eas; • Gonzalez Marketing, LLC conducts extensive brief in gs prior to flight, during which safety carries primary importance; • Gonzalez Marketing, LLC alway s obtains all necessary permissions and permits prior to operation; • Gonzalez Marketing , L LC has procedures in place to abort flights in the event of safety breaches or potential danger. Gonzalez Marketing, LLC provides a level of safety at least equal to existing rules, and in nearl y every instance, greater than existing rules. It is imp ortant to note that absent the integration of commercial UASs into our national airspace sy stem, helicopters are the primary means of aerial motion picture capture. While the safety record of such helicopters is remarkabl y astounding, it is far safer to op erate a battery powered lightweight UAS.
 First, the potential loss of life is diminished because UASs carry no people on board and Gonzalez Marketing, LLC onl y operates them 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 Gonzalez Marketing, LLC UASs allow our remote control pilots to avoid hazards.
 Lastl y, given their small size and weight, even when close enough to capture amazing images, Gonzalez Marketing, LLC UASs need not be so close to the objects they

are focused on. Accordingl y, Gonzalez Marketing LL C UASs have operated and will continue to operate at and above current safety levels.
**VI. 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 necessa ry airworthiness certificates in relation to FAR § 91.203(a)(l). The size, weight and enclosed operational area of GonzalezConsumer Motivation through Creative Communication

4450 Cordova St., Suite 110, Anchorage, AK. 99503  ph (907) 562

- 8640  fax (907) 562

- 8641  gonzalezmarketing.com **Gonzalez Marketing LLC, Anchorage, AK**

**– Section 333 Exemption Petition** 
Marketing LL Cs UASs permits exemption from Part 21 becau se Gonzalez Marketing LL C UASs meet an equivalent level of safety pursuant to Section 3 3 3 of the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 33 3 of the Reform Act. Both pieces of legislation permit the FAA to exempt U ASs from the airworthiness certificate requirement in consideration of the weight, size, speed, maneuverability and proximity

to areas such as airports and dense populations. Gonzal ez Marketing LLC UASs meet or exceed 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 F ARs, 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 UASs, this Regulation is inapplicable. An equivalent level of safety will be achieved b y m aintaini ng a manual at the flight operations center. The FAA has previousl y 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 Gonzalez Marketing LLC UASs utilize electronic global positioning systems and internal gy

roscopes to provide spatial coordination. 14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and re gistrations. They are inapplicable for the same reasons described above. The equivalent level of safety will be achieved b y maintaining such certifications and registrations at the Gonzalez Marketing LLC flight operations center. B. 14 C.F.R. § 61 .113: Private Pilot Privileges and L imitations: PI C. Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to non

- -commercial operations. Gonzalez Marketing LLC can achieve an equivalent level of safety

as achieved by

current r egulations be cause it’s 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 Gonzalez Marketing LL C UAS is far less than the risk levels inherent in the commercial activities outlined in 14 C.F.R. § 61, et seq. Thus, allowing Gonzalez Marketing LLC to operate it’s UAS meet and exceed current safety levels in relation to 14 C.F.R. §61.113 (a) & (b).Consumer Motivation through Creative Communication

4450 Cordova St., Suite 110, Anchorage, AK. 99503  ph (907) 562

- 8640  fax (907) 562

- 8641  gonzalezmarketing.com **Gonzalez Marketing LLC, Anchorage, AK**

**– Section 333 E**  **xemption Petition** 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 l ower altitudes in certain conditions. Gonzalez Marketing LL C UASs wi ll never operate at an altitude greater than 400 AGL. Gonzalez Marketing LLC will, however, operate its UASs in cordoned off areas with security

perimeters, providing a level of safety at least equivalent to those in relation to minimum safe altitudes. Giv en the size, weight, 7 maneuverability and speed of Gonzalez Marketing LLC UASs, an equivalent 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 Regulation s 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 repaire d as prescribed in part 43 of this chapter." These Regulations only

apply to aircraft with an airworthiness certificate. They will not, therefore, appl y to Gonzalez Marketing LLC UAS should its requested exemption be granted. Gonzalez Marketing LLC con ducts an extensive maintenance program that involves regular software updates and constant inspection for assessment of any damaged hardware. Therefore, an equivalent level of safety will be achieved. Gonzalez Marketing LLC has researched and developed its own designs.
**In Summary**  **, Gonzalez Marketing LLC**  **seeks an exemption from the following Regulations:**  14 C.F.R. 21, subpart H; 14 C.P.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.P.R. § 91.409 (a)(2); 14 C.P.R. § 91.409 (a)(2); and, 14 C.P.R. §§ 91.417 (a) & (b) to commerciall y operate small unmanned vehicles and lightweight unmanned aircraft vehicles in motion picture or television operations, to conduct its own research and to develop economic platforms for law enforcement I first responders, search and rescue. Granting Gonzalez Marketing LLC request for exemption will reduce current risk levels and thereby enhance safety

. Currently , motion picture image capture relies primarily on the use of larger aircraft running on combustible fuel. Gonzalez Marketing LLC craft do not contain potentially explosive fuel, are smaller, lighter and more maneuverable than conventional motion picture aircraft. Further, Gonzalez Marketing LLC operates at lower altitudes and in controlled airspace. Gonzalez Marketing LLC has been analyzing fli ght data and other information in compiling novel safety protocols and the implementation of a flightConsumer Motivation through Creative Communication

4450 Cordova St., Suite 110, Anchorage, AK. 99503  ph (907) 562

- 8640  fax (907) 562

- 8641  gonzalezmarketing.com **Gonzalez Marketing LLC, Anchorage, AK**

**– Section 333 Exemption Petition**  operations manual that exceeds currentl y accepted means and methods of safe flight. There are no people on board Gonzalez Marketing LLC UASs and therefore the likelihood of death or serious bodily injury is significantly

limited. Gonzalez Marketing LLC operation of its UASs, weighting less than 55 pounds and traveling at speeds lowe r than 50 knots in cordoned off areas will provide at least an equivalent level of safety as that achieved under current F ARs. Gonzalez Marketing LLC respectfull y requests that the FAA grant its exemption request without delay. The FAA has the authority t o issue the exemption sought by Gonzalez Marketing LLC pursuant to the Federal Aviation Act, 85 P.L . 726 (1958), as amended (the "Act"). Respectfully , Stephen L . Gonzalez Member, Gonzalez Marketing LLC 4450 Cordova Street Suite 110 Anchorage, AK 99516