Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (the Reform Act) and 14 

C.F.R. Part 11, Marnell Companies, operator of small Unmanned Aircraft Systems (“sUAS”) to conduct 

aerial video and photography of construction projects, architecture projects and prospective parcels in the 

United States, hereby applies for an exemption from the listed Federal Aviation Regulations (“FARs”) to 

allow commercial operation of its sUAS, 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 333.1

As described more fully below, the requested exemption would permit the operation of sUAS under 

controlled conditions in airspaces that are 1) limited 2) predetermined and 3) controlled in regards to 

access and 4) would provide safety enhancements to the already best practices safety protocols followed 

by Marnell Companies. Approval of this exemption would thereby enhance safety and fulfill the Secretary 

of Transportation’s (the FAA Administrator’s) responsibilities to “...establish requirements for the safe 

operation of such aircraft systems in the national airspace system.” Section 333(c) of the Reform Act.

The name and address of the pursuant is as follows:

Richard Hannigan

Marnell Companies

222 Via Marnell Way

Las Vegas, NV 89119

702-739-2000

rhannigan@marnellcompanies.com

Regulations from which the exemption is requested:

14 CFR Part 21 

14 C.F.R. 45.23(b) 

14 CFR 61.113 (a) & (b) 

14 C.F.R. 91.7 (a) 

14 CFR 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 CFR 91.151 (a) 

14 CFR 91.203 (a) & (b) 

14 CFR 91.405 (a) 

14 CFR 407 (a) (1) 

14 CFR 409 (a) (2) 

14 CFR 417 (a) & (b)
AUTHORITY FOR EXEMPTIONS

The Federal Aviation Act expressly grants the FAA authority to issue exemptions. This statutory authority 

includes exempting civil aircraft, as the term is defined under §40101 of the Act, including sUASs, from 

the requirement that all civil aircraft must have a current airworthiness certificate.

The Administrator may grant an exemption from a requirement of a regulation prescribed under 

subsection (a) or (b) of this section or any sections §44702-44716 of this title if the Administrator finds the 

exemption in the public interest. 49 USC §44701(f). See also 49 USC §44711(a); 49 USC 

§44704; 14 CFR 91.203(a)(1).

Section 333(b) of the Reform Act assist the Secretary in determining whether sUASs may operate in the 

national airspace system without creating a hazard to the user, the public, or a threat to national security. 

In making this determination, the Secretary must consider:

A. The sUAS’ size, weight, speed and operational capability; 

B. Whether the sUAS operates within the visual line of sight of the operator; 

C. Whether the sUAS operates outside of highly populated areas and away from close proximity 

to airports. 

Reform Act 333(a). If the Secretary determines that a sUAS “may operate safely in the national airspace 

system, the Secretary shall establish requirements for the safe operation of such aircraft in the national 

airspace system.” Id. 333(c).

The 3DR Solo is a multirotor aircraft weighing up to 4 pounds, including payload (camera and battery). 

Likewise, the 3DR Solo Multirotor operates at a maximum of 5.1 pounds, due to payload options. The 

3DR multirotor has the ability to operate under normal conditions at a speed of no more than 50 mph and 

has the capability to hover and move in the vertical and horizontal plane simultaneously. The sUAS will 

operate only in the pilot’s or observer’s visual line of sight at all times. Such operations will insure that the 

sUAS will “not create a hazard to users of the national airspace system or the public.” Reform Act Section 

333(b).

Given the small size of the sUAS involved and the restricted environment within which they will operate, 

our application falls squarely within the zone of safety (an equivalent level of safety) in which Congress 

envisioned that the FAA must, by exemption, allow commercial operations of sUASs to commence 

immediately. Also due to the small size of the UAS and the low altitudes in which our sUAS will operate, 

approval of the application presents no national security issue.

VEHICLE DESCRIPTION

The sUAS Marnell Companies proposes is a multirotor craft powered by the 3DR Pixhawk 2 autopilot 

system and APM:Copter flight control software. The 3DR Solo has a maximum of 4 propellers. The 3DR 

Solo has an "all up weight" (AUW), meaning the total amount of weight with camera payload and lithium 

polymer battery of 4 pounds (lbs). The multirotor can be operated up to a headwind threshold of 25 miles 

per hour (mph), and crosswind threshold of 25 miles per hour (mph). Additionally, the multirotor is 

equipped with GPS and ground station equipment, which allows the operator to pre-program designated 

flight paths, respecting defined no fly zones, legal flight ranges and altitude ceilings so the system cannot 

enter areas deemed unsafe or unnecessary to flyover.
The sUAS craft maintains the ability to take full manual control at any time during semi or autonomous 

flight. If communication is lost with the control transmitter, regardless of semi or autonomous flight modes, 

the on board flight controller will immediately start a return-to-home procedure and arrive at the original 

source point of lift off. The same return to home feature is also configured for low battery levels and wind 

thresholds that exceed limits during the planned flight. Should battery become critically low during flight, 

the sUAS will begin a self landing procedure, while its GPS will remain online to transmit telemetry data 

for recovery.

All flight operations are global positioning system (GPS) controlled, making the system easy to navigate. 

At any point if the operator is not explicitly commanding the system to move, the system automatically 

holds its GPS position. The flight control system employs not only GPS positioning but a variety of 

sensors including compass, (2) barometric pressure , temperature, 3-axis accelerometer, 3-axis 

gyroscope, magnetometer, wind speed and others to ensure stability so long as wind thresholds are not 

exceeded. Also a flight termination link – to prevent a “fly away” or other potentially dangerous situation –

is available to the operator.

DESCRIPTION OF SPECIFIC REGULATIONS

14 CFR Part 21, Subpart H: Airworthiness certificates

Subpart H, establishes the procedural requirements for the issuance of airworthiness certificates as 

required by FAR §91.203(a)(1). Given the size and limited operating area associated with the aircraft to 

be utilized by Space Coast Aerial Surveillance, an exemption from Part 21 Subpart H meets the 

requirements of an equivalent level of safety under Part 11 and Section 333 of the Reform Act. The 

Federal Aviation Act (49 USC §44701(f)) and Section 333 of the Reform Act both authorize the FAA to 

exempt aircraft from the requirement for an airworthiness certificate, upon consideration of the size, 

weight, speed, operational capability and proximity to airports and populated areas of the particular sUAS. 

In all cases, an analysis of these criteria demonstrates that the sUAS operated without an airworthiness 

certificate, in the restricted environment and under the conditions proposed, will be at least as safe, or 

safer, than a conventional aircraft operating with an airworthiness certificate without the restrictions and 

conditions proposed.

14 CFR 45.23(b): Marking of the aircraft

This regulation requires that certain experimental, provisionally certified aircraft, or light-sport category 

aircraft to be marked with letters between 2 inches and 6 inches high “limited”, “restricted,” “light-sport,” 

“experimental,” or “provisional,” near each entrance to a cabin, cockpit or pilot station. Even though the 

UAS will have no airworthiness certificate, an exemption may be needed as the sUAS will have no 

entrance to the cabin, cockpit or pilot station on which the word “Experimental” can be placed. Given the 

size of the sUAS, 2 inch lettering will be impossible. Marnell Companies will mark the sUAS with the 

organization’s name and address. An insurance barcode attached to the aircraft will also be linked to 

Marnell Companies.
14 CFR 61.113(a) & (b): Private pilot privileges and limitations: Pilot in command

Sections 61.113(a) and (b) limit private pilots to non-commercial operations. Because the sUAS will not 

carry a pilot or passengers, the proposed operations can achieve the equivalent level of safety of current 

operations by requiring the pilot operating the aircraft to have completed at least 20 hours of sUAS 

observation time, as well as 50 hours flying a sUAS for non-commercial or government use, but strictly as 

hobby use (as not to endanger civilians or property whilst learning pilot skills). Unlike a conventional 

aircraft that carries the pilot and passengers, the sUAS is remotely controlled with no living thing or cargo 

on board. The area of operation is controlled and restricted, and all flights are planned and coordinated in 

advance with Marnell Companies staff and the services customer, referred to as "pre-flight planning". The 

risks associated with the operation of the small UAS are so diminished from the level of risk associated 

with commercial operations contemplated by Part 61 when drafted, that allowing operations of the sUAS 

as requested exceeds the present level of safety achieved by 14 CFR 61.113(a) and (b). 

14 CFR 91.7(a): Civil aircraft airworthiness 

The regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. As 

there will be no airworthiness certificate issued for the aircraft, should this exemption be granted, no FAA 

regulatory standard will exist for determining airworthiness. Safety checklists will be performed to validate 

that an equivalent level of safety has be conducted before and after each flight. 

14 CFR 91.9(b)(2): Civil aircraft flight manual, marking and placard requirements 

The sUAS, given its size and configuration has no ability or place to carry such a flight manual on the 

aircraft, not only because there is no pilot on board, but because there is no room or capacity to carry 

such an item on the aircraft. 

The equivalent level of safety will be maintained by keeping the User Manual at the ground control point 

where the pilot flying the sUAS will have immediate access to it. 

14 CFR 91.103: Preflight action 

This regulation requires each pilot in command take certain actions before flight to ensure the safety of 

flight. An exemption is needed from this requirement as the pilot will take separate preflight actions, 

including checking for weather conditions, checking flight battery requirements, validating GPS 

connectivity and fail safes, checking takeoff and landing distances, and all other actions listed in safety 

checklists. These actions will provide an equivalent level of safety. 
14 CFR 91.109: Flight instruction 

Section 91.103 provides that no person may operate a civil aircraft (except a manned free balloon) that is 

being used for flight instruction unless that aircraft has fully functioning dual controls. By design, sUAS

and remotely piloted aircraft do not have fully functional dual controls. Flight control is accomplished 

through the use of a control box that communicates with the aircraft via radio communications. The 

equivalent level of safety is provided by the fact that neither a pilot nor passengers will be carried in the 

aircraft, the ability to control the sUAS via radio signals from the controller and by the size and speed of 

the aircraft.

14 CFR 91.119: Minimum safe altitudes 

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119(d) allows 

helicopters to be operated at less than the minimums prescribed, provided the person operating the 

helicopter complies with any route or altitudes prescribed for helicopters by the FAA. This exemption is for 

a multirotor craft that flies similarly to a helicopter, with vertical takeoff and vertical landing, which will 

typically operate at altitudes of 200 feet above ground level (AGL), so an exemption may be needed to 

allow such operations. The sUAS will never operate at altitude higher than 400 AGL and all operations 

will occur during daylight hours under Visual Meteorological Conditions (VMC) only.

The equivalent level of safety will be achieved given the size, weight and speed of the sUAS as well as 

the location where it is operated. No flight will be taken without the permission of the property owner or 

local officials. Because advance notice to the property owner and any onsite personnel, as well as the 

precautions outlined below, all affected individuals will be aware of the planned flight operations. 

Flight operations will be conducted at least 500 feet from all non-participating persons (persons other than 

the pilot in command (PIC) or visual observer (VO)), vessels, vehicles and structures, unless:

A. Barriers or structures are present that sufficiently protect non-participating persons from debris in the 

event of an accident. The PIC will ensure that non-participating persons remain under such protection. If 

a situation arises where non-participating persons leave such protection and are within 500 feet of the 

sUAS, flight operations will cease immediately and/or; 

B. The aircraft is operated near vessels, vehicles or structures where the land owner/controller has 

granted permission and the PIC has made a safety assessment of the risk of operating closer to those 

objects and; 

C. Operations near the PIC or VO do not present an undue hazard to the PIC or VO, per 14 CFR 

91.119(a). 

The sUAS will remain within visual line of sight of the PIC or VO. Flight operations will be conducted at 

least 5 miles from an airport and at least 3 miles from any city or densely populated area. The PIC or VO 

will provide notification to the local Flight Standards District Office and airport controller of all operations 

within 5 miles of an airport. The FAA will have advance notice of all operations through the filing of 

notices-to-airmen.

Compared to flight operations with aircraft or rotorcraft weighing far more than the sUAS proposed herein 

and carrying flammable fuel, any risk associated with our operations is far less than those presently 

presented with helicopters and other conventional aircraft operating at or below 500 feet AGL. In addition, 

the low-altitude operations of the sUAS will ensure separation between these UAS operations and the 

operations of conventional aircraft that must comply with Section 91.119.
14 CFR 91.121: Altimeter Settings

This regulation requires each person operating the aircraft to maintain cruising altitude by 

reference to an altimeter that is set “...to the elevation of the departure airport or an appropriate altimeter 

setting available before departure.” As the sUAS may not have a barometric altimeter, but instead a GPS 

altitude read out, an exemption may be needed. An equivalent level of safety will be achieved by the PIC 

confirming the altitude of the launch site shown on the GPS altitude indicator before flight.

14 CFR 91.151(a): Fuel requirements for flight in VFR conditions

Section 91.151(a) outlines fuel requirements for beginning a flight in VFR conditions. Our sUAS is limited 

to operations in controlled environments and has a limited flight time which require an exemption from 14 

CFR 91.151(a).

The battery powering the sUAS provides approximately 25 minutes of powered flight. This would render 

the sUAS unable to meet the 30 minute reserve requirement in 14 CFR 91.151. Given the limitations on 

the sUAS’s proposed flight area and the location of its proposed operations within a predetermined area, 

a longer time frame for flight in daylight VFR conditions is reasonable.

An equivalent level of safety can be achieved by limiting flights to 20 minutes, or enough battery reserve 

to ensure that the sUAS lands at the ground station with at least 15% of battery power (as determined by 

the onboard monitoring system and the PIC), whichever happens first. This restriction would be more 

than adequate to return the sUAS to its planned landing zone from anywhere in its limited operating area.

14 CFR 91.203(a) & (b): Carrying civil aircraft certification and registration

The sUAS has no cabin, cockpit or pilot station and is operated without an onboard pilot. Therefore, there 

is no ability or place to carry certification and registration documents or to display them on the sUAS. 

An equivalent level of safety will be achieved by keeping these documents at the ground control point 

where the pilot flying the sUAS will have immediate access to them, to the extent they are applicable to 

the sUAS. 

14 CFR 91.405(a); 407(a)(1); 409(a)(2); 417(a) & (b): Maintenance inspections

These regulations require that an aircraft operator or owner “shall have that 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 

chapter...,” and others shall inspect or maintain the aircraft in compliance with Part 43.

Given that these sections and Part 43 apply only to aircraft with an airworthiness certificate, 

these sections will not apply to Marnell Companies. Maintenance will be accomplished by the operator 

pursuant on an as needed basis, subject to validation after each flight. An equivalent level of safety will be 

achieved because these sUAS are very limited in size and will carry a small payload and operate only in 

restricted areas for limited periods of time. If mechanical issues arise, the sUAS can land immediately and 

will be operating from no higher than 400 feet AGL. The operator pursuant will ensure that the sUAS is in 

working order prior to initiating flight, validate all post flight checks are inversely performed from preflight 

checks, perform required maintenance of sUAS and additional ground station equipment and keep a log 

of any maintenance performed. Moreover, the operator is the person most familiar with the aircraft and 

best suited to maintain the aircraft in an airworthy condition to provide the equivalent level of safety. 
PUBLIC INTEREST

Granting the present Petition will further the public interest by allowing Marnell Companies to safely, 

efficiently, and economically perform aerial video and photography of construction projects, architecture 

projects and prospective parcels in the United States. Additionally, use of the 3DR Solo sUAS will reduce 

risk to older conventional methods of aerial surveying, reduce pollution and decrease congestion of the 

NAS. Notably, the benefits of Marnell Companies proposed operation of the 3DR Solo sUAS will be 

realized without implicating any privacy issues.

Conducting aerial acquisitions with the 3DR Solo sUAS, instead of manned aircraft, will greatly benefit 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 3DR Solo sUAS 

produce no air pollution, and is the 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 fuel. The 3DR Solo, while reducing 

the carbon footprint of aerial acquisitions, also eliminates noise pollution, as the UAs are propelled by 

battery powered electric motors, rather than an internal combustion engine.

By using the 3DR Solo sUAS 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 3DR solo sUAS has less physical potential for collateral damage to life and 

property on the ground, and in the air, compared to the manned aircraft that typically conduct similar 

operations (weighing approximately 6,000 pounds with a wingspan of approximately 42 feet, a length of 

34 feet, and a fuel capacity of 180 gallons).

By reducing the number of manned aircraft operating in the NAS, congestion around airports caused by 

arriving and departing aircraft will be reduced. 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 

during the ground, takeoff, departure, arrival, and landing phases of flight operations.

EQUIVALENT LEVEL OF SAFETY 

Marnell Companies operates the 3DR Solo professional grade multirotors sUAS. These limitations 

provide for at least an equivalent or even higher level of safety to operations under the regulator structure 

because the proposed operations are enhancements to already safe protocols defined for aerial survey 

operations regarding helicopters and other conventional aircraft. 

1. Marnell Companies sUASs will abide and adhere to the following limitations during all operations 

under an FAA issues exemption: 

2. The maximum weight of proposed sUAS will weigh less than 55 pounds.

3. Minimum crew for each operation will consist of the sUAS pilot (Pilot-in-Command) and Visual 

Observer (VO).

4. Observer and pilot will at all times be able to communicate verbally.

5. Flights will be operated within visual line of sight (VLOS) of the UAS pilot and aircrew 

(Spotter/Observer).

6. Maximum total flight time is limited to 30 minutes, during daylight only. Flights will be terminated 

at 15% battery power reserve should that occur prior to the 30 minute limit.
7. The pilot and visual observer will have been trained in the operation of the sUAS.

8. Flights will be operated at an altitude of no more than 400 feet AGL or, not more than 200 feet 

above an elevated platform from which filming is planned.

9. Flight operations will be conducted 5 nautical miles from an airport and at least 3 statute miles 

from any city or densely populated area.

10. Flight operations will not proceed when wind conditions exceed 20 mph consistently.

11. Proposed sUAS will have a governed top speed of 50 mph.

12. Proposed sUAS will be equipped with GPS fail safes, programmed to avoid restricted Airspaces 

and No-Fly zones.

13. Proposed sUAS will have the capability to abort flight in case of unpredicted obstacles or 

emergencies.

14. sUAS operations will be limited to conducting operations for the purpose of aerial video and 

photography. 

15. The sUAS will only operate within a defined and controlled area. 

16. The operator will post advisor notice around the controlled area. 

17. The operator will have been trained in operation of sUAS generally and received up-to-date 

information on the particular sUAS to be operated as required. 

18. If the sUAS loses communications or loses its GPS signal, the sUAS has capability to return to a 

predetermined location within the Security Perimeter and land. 

19. Prior to each flight the operator must inspect the sUAS to ensure that it is in a condition safe for 

flight. If the inspection reveals a condition that affects the safe operation of the sUAS, the aircraft 

is prohibited from operating until the necessary maintenance has been performed and the sUAS 

is found to be in a condition for safe flight. 

20. sUAS operations may not be conducted at night. 

21. The sUAS may not be operated from any moving device or vehicle. 

22. All operations shall be conducted over private or controlled-access property with permission from 

the owner/controller or authorized representative. Permission from owner/controller or authorized 

representative will be obtained for each flight to be conducted.

23. All Marnell Companies sUAS flight activities will adhere to any and all active Temporary Flight 

Restrictions (TFR’s).
PRIVACY

All flights will occur over private or controlled access property with the property owner’s prior consent and 

knowledge. Images taken will be of individuals who have also consented to being filmed or otherwise 

have agreed to be in the area where aerial photography will take place. 

FEDERAL REGISTER SUMMARY 

Richard Hannigan, Aerial Cinematographer, Marnell Companies, 221 Via Marnell Way, Las Vegas, NV 

89141 petitioned the FAA on behalf of Marnell Companies, for an exemption from part 21 and §§ 

45.23(b), 61.113(a) and (b), 91.7(a), 91.9(b)(2), 91.103, 91.109, 91.119, 91.121,91.151(a), 91.203(a) and 

(b), 91.405(a), 407(a)(1), 409(a)(2), 417(a) and (b) of Title 14, Code of the Federal Regulations (14 CFR). 

The exemption would allow commercial operation of 3DR Solo small Unmanned Aircraft Systems (sUAS) 

for aerial video and photography of construction projects, architecture projects and prospective parcels in 

the United States.

CONCLUSION 

Satisfaction of the criteria provided in Section 333 of the Reform Act of 2012 – size, weight, 

speed, operating capabilities, proximity to airports and populated areas and operation within visual line of 

sight and national security – provide more than adequate justification for the grant of the requested 

exemptions allowing commercial operation of Marnell Companies sUAS for aerial video and photography 

of construction projects, architecture projects and prospective parcels in the United States.

I thank you for your consideration of the requested exemptions and look forward to the future integration 

of sUAS in the NAS.

If you require any additional information, or if I can be of assistance in clarification of items in this 

document, please contact me immediately. 

Very Respectfully, 

Richard Hannigan

Marnell Companies