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 condu cted within and under the conditions outlined herein or as may be established by the F AA 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 a re 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.” Se ction 333(c) of the Reform Act.

The name and address of the pursu ant is as follows:

Richard Hannigan Marnell Companies 222 Via Marnell Way Las Vegas, NV 89119

702

- 739

- 2000 rhannigan @marnellcompanies.com

Regulations from wh ich 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 cur rent 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 exemptio n 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 h azard to the user, the public, or a threat to national security. In making this determinatio n, 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 o perator; 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 establ ish requirements for the safe operation of such aircraft in the national airspace system.” Id . 333(c).

The 3DR Solo is a multi rotor aircraft w eighing up to 4 pounds, including payload (camera and battery).
Likewise, the 3DR Solo Multir otor 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 wi ll 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

33 3(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 operat ions 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 prese nts no national security issue.

VEHICLE DESCRIPTION

The sUAS Marnell Companies proposes i s 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 equip ment, 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 un safe or unnecessary to flyover.The sUAS craft maintain s 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 p rocedure 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,

th e sUAS will begin a self landing procedure, while its GPS will remain online to transm it 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 va riety of
sensors including compass

, (2) barometric pressure , temperature, 3

- axis acceleromet er, 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.

DE SC RIPTION 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 p opulated 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 restri ctions 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,” ne ar 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 p laced. 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 equiv alent 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 no t 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 restric ted, 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 asso ciated
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 dete rmining 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, che cking 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 pilote d 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 operat ion 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 lo cation 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, unl ess:

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 populat ed 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 t he 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 w ith our operations is far less than those presently presented with helicopters and other conve ntional aircraft operating at or below 500 feet AGL. In addition,

the low

- altitude oper ations of the sUAS will ensure separation between these UAS operations and the operations of c onventional aircraft that must comply with Section 91.119.14 CFR 91.1 21: 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 dep arture.” 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 indica tor 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 flig ht time which require an e xemption 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 limitation s 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 dayligh t 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 gro und 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 achie ved 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 repaire d as prescribed in part 43 of this chapter...,” and others shall inspect or maintain the aircr aft 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 p ayload 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 p rior 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 th e 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 s UAS will reduce

risk to older conventi onal 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 acquisitio ns 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 a nd 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 tha n an internal combustion engine.

By using the 3DR Solo s 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

subs tantially 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 man ned 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

duri ng the ground, takeoff, departure, arrival, and landi ng 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

- Com mand) 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 air crew (Spotter/Observer).

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

at 1 5% battery power reserve should that occu r prior to the 30 minute limit.7. The pilot and visual observer will have been train ed 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 airpor t and at least 3 statute miles from any city or densely populated area.

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

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

12. Proposed sUAS will be equipped with GPS f ail safes, programmed to avoid restri cted Airspaces

and No

- Fly zones.

13. Proposed sUAS will have the capability to abort flight in case of unpred icted 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 locati on 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 pro hibited from operating until the necessary mainte nance 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 pho tography 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) a nd (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 smal l 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 ade quate 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 yo u 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 immed iately.

Very Respectfully,

Richard Hannigan Marnell Companies