June 6, 2015

U. S. Department of Transportation Docket Management Sy stem 800 Independence Ave. SW Washington, DC 20591 Re: Section 33 3 of the FAA Reform Act of 2012 Public Docket No. FAA

- 2015

- 0968
Dear Administrator, I, Robert L. Marx, herein referred to as (the petitioner), am writing pursuant to the FAA Modernization and Reform Act of 2012 and the procedures contained within 14 C.F.R. 11, to request that the petitioner, Robert L . Marx, an owner and operator of a small unmanned aircraft sy stem (sUAS), petition for exemption from the Federal Aviation Regulations listed below and any regulation as required by the FAA that is deemed necessary in order to conduct commercial UAS operations as described. The requested exemption would permit the pet itioner to pursue, safe, professional, for profit services to private and public entities within the State of Minnesota and adjoining states , utilizing a small unmanned aircraft sy stem (sUAS) for aerial still and video data capture for, but not limited to the following purpose: *Real Estate Sales *Residential/Commercial Roof inspections/Flare Stack inspections *Property /Environmental Video Survey *Photo/Videograph y of rural contracted outdoor recreational activities on private and public use lands (Prior Permission and coordination Only) *Fire Survey

and Rural Search Assist to local public and private entities. The safe integration of the UAS into the national airspace without interference or hazard to manned aircraft is of utmost importance. The propose d services are offered with the intent of enhancing the development and safe operation of unmanned aircraft s ys tems, realizing that current manned aircraft operations pose a much greater risk of personal injury and or death and extensive property

damage. T he use of UAS would fulfill a service to consumers and small entities that would otherwise not exist due to the risks and costs involved with manned aircraft. The initial (sUAS) to be utilized during the operations is a consumer class helicopter, quad

- roto r aircraft. It is manufactured by Yuneec, Inc. and has the manufactures model designation Q500 Ty phoon. It is an advanced (sUAS) with state of the art safety features, GPS lock, altitude, position hold stabilization, smart mode, angle mode follow me and re turn to home mode. The ground station has telemetry with altitude, groundspeed, GPS location and battery life for both the transmitter and aircraft as well as an audible and vibration alert for aircraft low battery. Aircraft LED visual alert indicators for low battery , GPS loss, and communication loss. The UAS has a first person view on the controller that **is not to be used** for flight by the PIC. TheUAS has the ability to link with a smartphone or tablet for video link separate from the on

- board display if needed. The UAS has separate radio frequencies for telemetry and video downlink and aircraft control. See the following manufactures specifications. Yu **neec Q500 Typhoon, quad copter** Flight Time Up to 25 Minutes Height 240mm (9.45 in) Width 420mm (16.54 in) Diagonal Length W\O Rotor Blades 565mm (22.2 in) Propeller/Main Rotor Diameter 330mm (13.0 in) Weight W/O and Payload 1130g (40.0 oz) Battery 5400mAh 3S 11.1V L iPo 3 Flight Modes Smart, Angle and Home Modes Maximum Flying Height Default 400 Feet AGL (Adjustable via the Q500 GUI) Maximum Rotational Velocity 65°/s Maximum Bank Angle 35° Maximum Climb Rate in Smart and Angle mode 3m/s Maximum Descent Rate in Smart and Angle mode 2m/s Takeoff Weight with Battery and CGO2

- GB 170 0g (60.0 oz ) Radio Control Frequency Band 2.4GHz Maximum Groundspeed 15 MPH **ST10 Personal Ground Station** Operating S ys tem AndroidTM Number of Channels 10 Control Transmission Distance/Range FCC Compliance: Up to 800m (2624.67 ft) CE Compliance: Up to 400m (1312.34 ft) Robust Radio Control Modulation Yuneec Protocol Video link Frequency

Band 5.8GHz Video Transmission Distance/Range (Optimum Conditions) FCC Compliance: Up to 600m (1968.5 ft) CE Compliance: Up to 300m (984.252 f t) Warning: You Must Follow L ocal Laws and Maintain Visual L ine of Sight of Aircraft at All Times. Flight S ys tems Telemetry Data On Screen Display

(OSD) Yes LED Backlit L CD Screen Capacitive Multi

- Touch 4.5” Tactile (Vibrating) and Audible Feedback Yes Built

- In LiPo Battery

Voltage / Capacit y 3.6V/5200mAh 18.72Wh

**CGO2**
**- GB Camera Gimbal System**  Focusing Sy stem Aerial Optimized Fixed Focus Video Field of View 130° Transmission Band 5.8GHzVideo Transmission Distance/Range FCC Compliance: Up to 600m (1968.5 ft)

CE Compliance: Up to 300m (984.252 ft) with ST10
UAS ’s are often seen as superior to manned helicopters due to the smaller size and lower costs, reduced noise and as such, a much smaller environment al and safety impact. The petitioner requests exemption to operate a Yuneec, Q500 Ty phoon equipped with a three

axis CGO2 Gimbal and Camera, both products of Yuneec. This sUAS has a pre

- programmed limit for the altitude above ground level at 400 feet and a Geo fence while in Smart Mode with a distance limit of 300 feet from the controller. These limits are preset at the factory and will be kept at those limits, which currentl y compl y with the AMA’s and FAA requirement for Visual Line of Sight limitation and an AGL limitation. The ground station is also programmed with a safet y feature that disables motor start up if within Class B, and C airspace boundaries. The Q500 also has the failsafe

- automated feature of return to home in the event that communication is lost between the ground station and the aircraft. In addition to the requirements already set forth by C.F.R. Title 14 and the applicable FAR, The petitioner will

-- 1. Only operate its UAS in direct visual line of sight of the pilot and observer without u se of a visual aid other than corrective lenses. 2. Operate at an altitude no greater than 400 feet above the ground. 3. Operate with due vigilance and known practiced see and avoid scanning techniques to avoid an y conflicts with manned or other UAS aircraft that may enter the UAS operating area. The UAS flight will be immediately terminated if a potential conflict may exist. 4. Operate over private or public sites only with prior permission from property owner or owner’s agent or legal authorities as allowed b y law. 5. Terminate flight when any unsafe condition exists. 6. Terminate flight when battery voltage drops to 30% of battery capacity or when the 1 st low battery

alert occurs per the Q500 Ty phoon Instruction Manual, not to exceed 18 minutes run time. 7. Operate at a ground speed of 0 to 15 mph during on site missions. 8. Operate in accordance with the guidance and standards set forth b y the AMA, the UAS manufacturer and the administrator. 9. Operate with a minimum crew for each operation consisting of the PIC and a vi sual observer in direct communication utilizing appropriate verbal, radio or cell phone as needed. 10. Provide ground instruction with standards and content currently accepted by the administrator for private pilot knowledge testing, to the observer and or UAS. **The petitioner requests exemption from 14 CFR part 61.113 Private Pilot Privileges, Pilot in Command Section (a).**  An exemption is requested because no PI C will be allowed to operate the sUAS unless that PI C has met certain flight

- hour currency require ments, demonstrating that the PI C is able to safel y operate the sUAS in a manner consistent with the operations and specifications as described in this exemption, including evasive and emergency maneuvers, as well as maintaining appropriate distances from people, vessels, vehicles and structures. Further, the petitioner submits that all flights of the sUAS, conducted b y the PIC pursuant to the grant ofthis petition: (1) will be incidental to the business of ViewsAbove; and (2) will not carry

passengers or property

for compensation or hire. **Title 14 CFR part 91.7(a) Civil Aircraft Airworthiness.** As no Airworthiness Certificate is available for this sUAS the petitioner requests exemption under this part utilizing a preflight inspection and the manufacturer ’s documents for determining compliance of the sUAS airworthiness. The petitioner warrants compliance to part 91.7(b) in that the operation will only be conducted after a thorough preflight and pre

- mission planning inspection is completed, to include curre nt and forecast weather, airspace, notams, area of operations, and notice issued to non - participating persons in local proximity . The petitioner will utilize the Yuneec, Q500 Instruction manual, quick start guide and the petitioners own pre

- flight checklis t included in the attached supplements to determine the sUAS airworthiness. **The petitioner requests exemption from 14 CFR part 91.119(c) Minimum Safe Altitudes.** The petitioner requests exemption from Section (c) with the following conditions and limitat ions. The petitioner requests the exemption due to the scope of the operations to be performed and the requirement to operate below 400 feet AGL. The Petitioners primary mission would be to record data or survey

of persons, propert y or structures as listed above. The sUAS size, weight, speed and limited operating times and area, as well as the soft materials used in the construction of the sUAS, would provide an equivalent or greater level of safety as intended under this part. The Q500 is a helicopter as d efined b y C FR Title 14, FAR Part 1, general definitions. The sUAS has a vertical to near vertical descent in the event of a power failure. Fl y - a - way s would be the greatest or most dangerous risk to non

- participating persons. The Q500 has no documented (fl y away), while operated under GPS lock within the parameters of the Q500 operating instructions. The Q500 is a very

stable, low rotor speed sUAS that maneuvers, under GPS lock, relatively slow compared to similar sized UAS. In an emergency the sUAS would be quickly brought down per the loss of control procedure as described in the emergency procedures checklist, adequate time to complete the procedure would exist due to the 0 to 15 mph operational groundspeed of the Q500. The risk to persons 100 feet away wo uld be at no greater risk than persons located 500 feet away . The petitioner requests exemption from the 500

- foot altitude restriction and the 500

- foot standoff restriction from persons, property or vessel applied to previous grants of exemptions. The exemption is requested with the following conditions and limitations in conducting the petitioners operations

—
1. The sUAS will be operated at an altitude of no more than 400 feet above ground level. 2. The sUAS will not be operated at greater than a 400

- foot slant distance from the PI C. 3. The sUAS will not be operated over an y non - participating person. 4. The sUAS will not be operated over a non

- participating property, structure or vessel without prior permission from the property owner or legal representative. 5. The sUAS will maintain a minimum slant distance of 100 feet from any non participating person and will increase the distance proportionally by 50 ft. per 50 ft. of altitude. At no time will the sUAS be operated closer than a 100

- foot slant distanceto a non

- participating person unless that person is behind a protective barrier or shielded from possible debris in the event of a crash. 6. A minimum of 2 hour notice will be distributed to all residences or businesses of a scheduled operation in an urban business or residential area within 500 feet of the operation, informing of the time, location and safety hazards to persons or propert y, the notice will include a phone number to voice objections or concerns. 7. Warning signs will be displayed on the perimeter of the s afet y zone to alert passers

by of the hazard and warning to stay back and behind cover. If the safety zone is breeched, flight will be immediately terminated. 8. The sUAS will be operated over public rural lands with the same standoff distance and altitude r estrictions afforded persons, property and vessels per e. above. **The petitioner requests exemption from 14 CFR Part 91.121, Altimeter settings.** The UAS will not have a ty

pical barometric altimeter onboard the aircraft, the petitioner intends to operate the UA within VLOS and at or below 2 00 feet AGL , combined with the petitioner’s intention to limit the altitude of the UAS through flight limit function on the UAS, has been previousl y ruled to be a sufficient method for ensuring the UAS operations do not a dversel y affect safety. The altitude information will be generated b y GPS equipment installed onboard the aircraft, and/or a static pressure sensor (barometer), which aids in estimating the altitude. **The petitioner requests exemption from 14 CFR Part 91. 151, Fuel requirements for flight**  **in VFR conditions,** 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 grante d an Exemption Nos. 8811, 10808, and 10673 for day time, Visual Flight Rules (VFR) conditions. The petitioner’s UAS provides low battery warnings that indicate the PI C must command the UA’s return to the launch point when low battery capacit y voltage is rea ched. The UAS also provides 2 and 3 rd increased intensity critical low battery warnings through audio and vibration indicating that the UA must be landed immediately , additionally

a failsafe automatic landing will occur when the battery is at absolute crit ical low voltage. The petitioner warrants that the sUAS will be landed immediatel y upon the 1 st low battery alert or no longer than 18 minutes whichever occurs first. The petitioner will not initiate a flight unless (considering wind and forecast weather conditions) there is enough power to fl y at normal cruising speed to the intended landing point and land the UA with 30% battery power remaining. **The pe titioner requests exemption from 14 CFR Subpart E (§§ 91.401** 
**- 417),) Maintenance**  **required, 91.407(a)(1) Operation after maintenance, preventive maintenance, rebuilding, or alteration, 91.409(a)(1) and (2) Inspections, and 91.417(a) and (b) Maintenance recor**  **ds**

. Currently the manufacturer’s maintenance procedures govern preflight with no limits other than one condition. The petitioner will complete all authorized component replacements at the petitioner’s base of operations or in the field as required. The manufacturer or authorized repair center will complete an y maintenance or repairs that cannot be completed by the petitioner. The petitioner warrants that preflight, post flight and maintenance procedures should provide an acceptable level of safety for the o perations performed and is consistent with those of previous grants. (see below) In addition the petitioner will comply with an y and all manufacturers updatesfor UAS and Ground station as well as an y FAA directives and guidelines. An appropriate

aircraft/maintenance logbook will be kept with the sUAS groun d station and base of operations.

**Arrival Checklist** 1. If day and operating out of back of vehicle, point vehicle into sun. 2. Remove case and place on level surface. 3. Check distance to nearest airport and/or controlled airspace using smartphone or tablet app.! 4. If required, use VHF aviation transceiver, to contact tower of field if closer than 5 NM.! 5. In form tower / CTAF of UAS ops, location, and max height of fl ight.! **Preflight Checklist eflight Checklist!**  1. Remove transmitter.! 2. Router

- On! 3. Transmitter

- On! 4. Toggle Switches

- Full Up! 5. Video Monitor

- On! 6. Remove UAS from case.! 7. Gimbal L ock & Lens Cap

- Removed! 8. Micro

- SD card

- Inserted.! 9. UAS Battery

- Inserted! 10. Place UAS in clear and safe launch and recovery position if it returns to home.! 11. UAS Battery

- On! 12. Wifi Connection to Monitor

- Verified! 13. DJIApplication

- Load! 14. DJIapplication

- Connect to Camera! 15. SD Card

- Format! 16. Camera

- Full Up! 17. Satellite Connections

- Verified! 18. Charge Levels

- Safe for Flight! 19. V ideo Recording

- Start! 20. Takeoff
**After Takeoff Checklist** 1. Hover approximately

10 feet above the ground to confirm that UAS is under control. 2. All control sticks operate correctly while in hover. Verified!**Pre**
**- landing Checklist** 

1. Camera

– full up 2. Video

– stop 3. Landing zone

– clear, safe

**Post**
**- landing Checklist** 

**– Returning to Flight Immediately**  1. Battery

– remove and replace if necessary 2. Wifi connection to monitor

– verified 3. Connection to camera

– verified 4. Takeoff **End of Ops Checklist** 1. Battery

in UAS

– off 2. T ransmitter

– off 3. Notify

Tower

– end of ops **Summary** Granting the present Petition will further the public interest b y allowing the petitioner to safel y, efficientl y, and economically perform aerial video and photography of real estate, environmental sites , and outdoor recreational facilities. Additionally , the use of the Yuneec Q500 UAS will decrease congestion of the NAS, reduce pollution, and provide significant benefits to the econom y. **1. The Public Will Benefit From Decreased Congestion Of The NAS.** The Yuneec Q500 is battery powered and serves as a safe, efficient, and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the amount of manned aircraft needed to perform aerial acquisitions, an exemp tion allowing the use of a Yuneec Q500 UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air pollution, as well as increase the safety of life and property in the air and on the ground. Furthermore, by

reducing the number of mann ed aircraft operating in the NAS, congestion around airports caused by arriving and departing aircraft will be reduced. The UAS does not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial video and photography missions would result in fewer aircraft that must be handled by air traffic control.
**2. The Public Will Benefit From The Safety And Efficiency Of The Yuneec Q500 UAS** Conducting aerial acquisitions with the Q500 instead of manned aircraft, will greatly b enefit the public by drastically

reducing the levels of air and noise pollution generated during traditional aerial video and still photography flight operations. By using battery power and electric motors, the Q500 UAS produces no air pollution, and is th e most viable environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are typically utilized for aerial video and photography , while burning approximately 20

- 30 gallons per hour of leaded aviation fue l. The DJI Phantom 2 and DJI Inspire 1 UAs, while reducing the carbon footprint of aerial acquisitions, alsoeliminates noise pollution, as the UAs are propelled by battery powered electric motors, rather than

an internal combustion engine. By using the Q 500 UAS to perform aerial acquisitions, the substantial risk to life and property in the air and on the ground, which is usually associated with traditional manned aircraft flight operations, will be substantially reduced or completely eliminated. Aside from the lack of flight crew members located onboard the aircraft, the Q500 has less physical potential for collateral damage to life and property on the ground, and in the air, compared to the manned aircraft that typic ally conduct similar operations.
**3. P erforming Aerial Video and Photography Operations With The Yuneec Q500 UAS Will**  **Benefit The Economy.** In addition to being safe and efficient, the Q500 UAS is also an economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the Q500 will allow United States based companies, like ViewsAbove, to remain competitive and contribute to growth of the U.S. economy . Specifically , with the rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) r egulatory actions phasing out leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology in order to remain competitive. Operating the battery Q500 UAS is one such technology that not only allows companies greater op erational flexibility compared to manned aircraft, but provides such flexibility without the high operational cost of a traditional manned aircraft. By operating the Q500 UAS, companies such as ViewsAbove, can remain competitive and profitable, and theref

ore, provide greater job stability to employees and contractors, which will ultimately

contribute to growth of the U.S. economy. Improved financial performance of U.S. companies, through commercial use of the Q500 UAS provides a stable workforce that incre ases consumer spending; improves local, state, and federal tax revenues; and allows companies to invest in research and development in order to remain competitive both in the United States and abroad. **4. There Are No Privacy Issues.** Similar to the manned aerial acquisition flight operations that have been conducted for decades, the petitioner’s proposed operation of the Q500 UAS will not implicate any privacy issues. Specifically , the Q500 UAS will be operated only in compliance with operating documents and procedures which requires property owner involvement as well as local law enforcement notification, and in accordance with the Federal Aviation Regulations, including the minimum altitude requirements of 14 C.F.R. §

Sincerel y,

Robert L . Marx Views Above 6804 Balsam Lane N Maple Grove, MN 55369