Marek Management, LLC 

122 Euclid St., Pensacola, FL 32503 

(904) 705-2698 • marekmanagement@gmail.com 

October 24, 2014 

U.S. Department of Transportation, Docket Operations, M-30 

1200 New Jersey Avenue, SE. 

Room W12-140, West Building Ground Floor 

Washington DC 20590-0001 

RE: Marek Management, LLC Petition for Exemption under Section 333 ofthe FAA 

Modernization and Reform Act of2012 

To Whom It May Concern, 

- ' ~ . . . 

Marek Management, LLC seeks exemption as guided by the Secretary of Transportation 

authority under Section 333, Special Rules for Certain Unmanned Aircraft Systems, ofthe FAA 

Modernization and Reform Act of2012, Public Law 112-95, February 14,2012. Marek 

Management seeks to operate small Unmanned Aircraft Systems (sUAS)s for commercial 

purposes to provide services to production industries. As outlined by Enclosures A (Marek 

Management General Operations Manual) and B (Marek Management Skyward 1 Operations 

Manual), Marek Management sUAS operations pose no threat or hazard to the U.S. National 

Airspace System (NAS). 

With the approval of a Section 333 exemption and adhering to the guidelines set forth in 

Enclosures A and B, Marek Management seeks to conduct sUAS mapping services and sensor 

deployment for the mining, agriculture, and mineral exploration industries. Enclosures A and B 

are Marek Management proprietary documents outlining sUAS procedural detail. 

In reference to Title 14 CPR, Part 91, the following sections are sought for exemption: 61.113 (a) 

and (b), 91.113 (b), 91.119 (c), 91.121 (a), 91.151 (a) (1), 91.405 (a), 91.407 (a) (1), 91.409 (a), 

91.417 (a) and (a): 

SECTION 61.113 (A) AND (B) PRIVATE PILOT PRIVILEGES AND LIMITATIONS: 

PILOT IN COMMAND. 

(a) Except as provided in paragraphs (b) through (h) of this section, no person who holds a 

private pilot certificate may act as pilot in command of an aircraft that is carrying passengers or 

property for compensation or hire; nor may that person, for compensation or hire, act as pilot in 

command of an aircraft. 

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(b) A private pilot may, for compensation or hire, act as pilot in command of an aircraft in 

connection with any business or employment if: 

(1) The flight is only incidental to that business or employment; and 

(2) The aircraft does not carry passenger.sor:ptopertyfor compensation or hire. 

Marek Management seeks exemption from this section due to a commercial pilot license 

inability to advance the sUAS's Pilot in Command (PIC) to perform their duties safer. The PIC 

qualification process set f~rth ih Enclosure A, Chapter 2, provides the adequate training and FAA 

prerequisites required for a sUAS PIC to operate safely in the NAS. 

To seek exemption under section 61.113 (a) and (b), Marek Management seeks to conduct 

operations under guidelines set fmih in Enclosure A. Outlined in Enclosure A Sections 1.4, 1.5, 

2.1, 2.2, 2.3, 2.4, 2.5, 2.6, 2.7; 2.8, 3.2, 3.6, 3.13, 3.15, 3.16, 4.2, 4.3, and 4.4, Marek 

Management seeks exemption by adhering to the following: a mandated Certificate of 

Authorization (COA), FAR/AIM and NOT AM requirement, minimum crew composition ofPIC 

and Visual Observer (VO), PIC ahd VO qualification requirements, operations limited to Class G 

Airspace below 400 feet AGL, PIC Visual Line of Sight (VLOS), minimum separation 

requirements with manned objects, separation procedures, NOT AM issuance, local Flight 

Standards District Office (FSDO) appro:val, and required documentations during operations. 

Specific operating procedure~ and emergency procedures are set forth in Enclosure B Chapters 2 

and 3, respectively. 

SECTION 91.113 (B) RIGHT-OF-WAY RULES: EXCEPT WATER OPERATIONS. 

(b) General. When weather conditions permit, regardless of whether an operation is conducted 

under instr11me11t flight ru}es or visualflight rules,, vigilance shall be maintained ·by each person 

operating an aircraft so as to see and avoid otheraircrafi. When·a rule of this section gives 

another air,c;:raft the right-of-way, the pilot shall give way to that aircraft and may not pass over, 

under, or ahead of it unless well clear. 

Marek Management seeks exemption from this section due tu the inability for an Unmanned 

Air~raft (UA) to accommodate a person inside the aircraft to see and avoid. To seek exemption 

under section 91.113 (b), Marek Management seeks to conduct operations under guidelines set 

forth in Enclosure A. Outlined in Enclosure A sections 2.1, 3.2, 3.15, and 3.16, Marek 

Management seeks exemption by adhering to ,the following: minimum crew composition of PIC 

and VO, PIC and VO qualification requirements, VLOS, minimum separation requirements with 

manned objects, and separation procedures. Specific operating procedures and emergency 

procedures are set forth in Enclosure B Chapters 2 and 3; respectively. 

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SECTION 91.119 (C) MINIMUM SAFE ALTITUDES: GENERAL. 

Except when necessary for takeoff or landing, no person may operate an aircraft below the 

following altitudes: 

(c) Over other than congested areas.·An. altitljtde:o.of500feet above the surface, except over open 

water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 

500 feet to any person; vessel, vehicle,·or struettir.e: · ,; . 

Marek Management seeks exemptionJrom this section due to UAs operating·below 400 feet 

AGL. To seek exemption under section 91.119 (c), Marek Management seeks to conduct 

operations under guidelines set forth in Enclosure A. As outlined in Enclosure A sections 2.6, 

3.1, 3.6 and3.15, Marek Management seeks exemption by adhering to the following: PIC 

qualification requirements, altitude restrictions, operations limited to Class G Airspace below 

400 feet AGL, minimum separation requirements with manned objects, and separation 

procedures. Specific operating procedures and emergency procedures are set forth i:h Enclosure 

B Chapters 2 andJ, respectively. 

SECTION 9,1.121 (A) ALTIMETER SETTINGS . . 

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that 

·aircraft, as the case may be, by reference to an altimeter -that is ·Set, when operating--

(I) Below I8,000feet MSL, to--

(i) The current reported altimeter setting of a station along the route and within I 00 nautical 

miles of the aircraft; · 

(ii) If there is no station within the area prescribed in paragraph (a)(I)(i) oftliis section, the 

current reported altimeter setting of an appropriate available station; or · 

(iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or 

an appropriate altimeter setting available before departure[.} · · 

Marek Management seeks exemption from this section due to the inability to carry a barometric 

altimeter onboard the UA. To seekexemptionunder section 91.121 (a), Marek Management 

seeks to conduct operations under guidelines set forth in Enclosure A. Outlined in Enclosure A 

section 3. 7, Marek Management seeks exemption by adhering to the GPS altitude requirements 

set forth in Enclosure A, Specific operating procedures and ·emergency procedures are set forth 

in Enclosure B Chapters 2 and 3,,respective1y. 

SECTION 91.151 (A) (1) FUELREQUIREMENTS FOR FLIGHT IN VFR CONDITIONS. 

(a) No person may begin a flight in an airplane under VFR conditions unless (considering wind 

and forecast weather conditions) there is enough fuel to fly to the first point of intended landing 

and, assuming normal cruising speed-

(I) During the day, to fly after that for at least 30 minutes[.} 

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Marek Management seeks exemption from this section due to the UA's use of battery power vice 

fuel; therefore, the fuel requirement set forth in this section is not attainable. To seek exemption 

under section 91.151 (a) (1), Marek Management seeksJo conduct operations under guidelines 

set forth in Enclosure A. Outlined in Enclosure A sections 3.1, 3.3, 3.4, 3.5, 3.6, 3.13, 3.14, and 

3.15, Marek Management seeks exemption b)\ adheringtothe following: UA weight, UA speed . ' 

limitation, altitude restrictions, weather minim.um:tequirements, prohibited night. operations, 

reviewing NOTAMs, operations limited to Class G Airspace below 400 feet AGL, PIC VLOS, 

battery health monitoring, and minimum separation. requirements with manned objects. Specific 

normal operating procedures and emergency procedures are set forth in ·Enclosure B Chapters 2 

and 3, respectively. 

SECTION 91.405 (A) MAINTENANCE REQUIRED. 

Each owner or operator of an aircraft-

(a) Shall hay,e that aircraft inspected as prescribed in subpart E of this part and shall between 

requiredtnspections, except as provided inparagraph·(c) of this section, have discrepancies 

repaired a,s prescribed in part 43 of this chapter[.} 

Marek Management seeks exemption from this section due to sUAS maintenance not defined in 

the Code. To seek exemption under section 91.405 (a) (1), Marek Management seeks to conduct 

operations under guidelines set forth in Enclosure A. Outlined in Enclosure A sections 6.1, 6.2, 

6.3, and 6.4, Marek Management seeks exemption by adhering to the following: a maintenance 

progr~m, technician qualifications, maintenance records, and utilizing functional check flights. 

Specific maintenance operations are set forth in Enclosure B Chapter 4, Service and Handling. 

SECTION9JA07 (A) .(1) OPERATION AFTER. MAINTENANCE, PREVENTIVE 

MAINTJ{N.ANCE, REBUILDING, OR ALTERATION. 

(a) No person may operate any aircraft that has undergone maintenance, preventive 

maintenance, rebuilding, or alteration unless-

(I) It has been approved for return to service by a person authorized under Sec. 43.7 of this 

chapter[} 

Marek Management seeks exemption from this section due to sUAS maintenance not defined in 

the Code. To seek exemption under section 91.407 (a) (1), Marek Management seeks to conduct 

operations under guidelines set forth in Enclosure A. Outlined in Enclosure A sections 6.1, 6.2, 

and 6.4, Marek Management seeks exemption by adhering to the following: a maintenance 

program, technician qualifications, and utilizing functional check flights. Specific maintenance 

operations are set forth in Enclosure BChapter·4,_ Service and Handling. 

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SECTION 91.409 (A) INSPECTIONS. 

(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft 

unless, within the preceding 12 calendar months, it has had--

(1) An annual inspection in accordi:mce,withpart::43:ofthis chapter and has been approved for 

return to service by a person authorizedby)Sec~. 43.7 tJfthis chapter,' or 

' ' ~ ': /. ' ' 

(2) An inspection for the issuance of an airworthiness certificate in ·accordance with part 21 of 

this chapter. No inspection performedunderparagraph (b) ofthis section may be substituted for 

any inspection required by this paragraph unless it is performed by a person authorized to 

perform annual inspections and is entered as an "annual" inspection in the required 

maintenance records. 

Marek Management seeks exemption from this section due to sUAS maintenance not defined in 

the Code. To seek exemption under section 91.409 (a), Marek Management seeks to conduct 

operations under guidelines set forth in Enclosure A: Outlined in Enclosure A sections 6.1, 6.2, 

and 6.4, Marek Management seeks exemption by adhering to the following: a maintenance 

program, technician qualifications, and utilizing functional check flights. Specific maintenance 

operations are set forth in Enclosure B Chapter 4, Service and Handling. 

SECTION 91.417 (A) AND (B) MAINTENANCE RECORDS; 

(a) Except for work performed in accordance with Sec. 91.41 I and Sec. 91.413, ··each registered 

owner or operator shall keep the following records for the periods specified in paragraph (b) of 

this section: 

(1) Records ofthe maintenance, pteventive'tnaintenance, andalieration and records of the 100-

hour, annual, progressive, and other requirea.br. approved inspections, as· approptidte, for each 

aircraft (including the airframe) and each engine, propeller, rotor, and appliance of an aircraft. 

The records must include- , ' ·. , 

(i) A description (or reference to data acceptable to the Administrator) of the work performed; 

and 

(ii) The date of completion of the work performed; and 

(iii) The signature, and certificate number of the person approving the aircraft for return to 

service.· 

(2) Records containing the following information: · 

(i) The total time in service of the airframe,·each engine, each propeller, and each rotor. 

(ii) The current status of life-limited parts of each airframe, engine, propeller, rotor, and 

appliance. 

(iii) The time since last overhaul of all items installed on the aircraft which are required to be 

overhauled on a specified time basis. 

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(iv) The current inspection status of the aircraft, including the time since the last inspection 

required by the inspection program under which the aircraft and its appliances are maintained. 

(v) The current status of applicable airworthiness directives (AD) and safety directives 

including, for each, the method of compliance, .the AD. or safety directive number and revision 

date. If the AD or safety directive involves. requ,rring action, the time and date when the next 

action is required. '-·· •• r,,.·;., ·: .;,,;; .. 

(vi) Copies of the forms prescribed by Sec. ;43.9(d) of this chapter for each major alteration to 

the airframe and currently installedeJ;?gines, :rators~ propellers, and appliances. 

(b) The owner or operator shall retain the following records for the periods prescribed: 

(1) The records specified in paragraph (a)(1) of this section shall be retained until the work is 

repeated or superseded by other work or for 1 year after the work is performed.· 

(2) The records specified in paragraph (a)(2) of this section shall be retained and transferred 

with the aircraft at the time the aircraft is sold. 

(3) A list of defects furnished to a registered owner or operator under§ 43.11 of this chapter 

shall be retained until the defects are repaired and the aircraft is approved for return to service. 

Marek Management seeks exemption from this section due to sUAS maintenance not defined in 

the Code. To seek exemption under section 91.417 (a) and (b), Marek Management seeks to 

conduct operations under guidelines set forth in Enclosure A. Outlined in Enclosure A section 

6.3, Marek Management seeks exemption by adhering to the maintenance record requirement. 

Specific maintenance record requirements are set forth in Enclosure B Chapter 4, Service and 

Handling. 

In reference to Title 14 CFR, Part 21, subpart H, Airworthiness Certificates, Marek Management 

seeks an exemption. Marek Management seeks exemption from this subpart due to the UA's 

weight, speed, and operating area limitations. To seek exemption under subpart H, Marek 

Management seeks to conduct operations under guidelines set forth in Enclosure A. As outlined 

in Enclosure A sections 1.4, 3.1, 3.6, 3.8, 3.9, and 3.10, Marek Management seeks exemption by 

adhering to the following: COA requirement, weight limitations, speed limitations, operating 

area limitations, and flight computer capabilities. Specific operating procedures and emergency 

procedures are set forth in Enclosure B Chapters 2 and 3, respectively. 

The operation of Marek Management sUAS seeks to provide production services to miners, 

fanners, and geologist that currently collect production data by manned aircraft or ground 

vehicles. Marek Management sUAS near real-time aerial surveillance in the mining, agriculture, 

and mineral exploration industries seeks to provide complete production information, improved 

decision making, leading to reduced production costs. By utilizing Marek Management sUAS 

services, manned flights are reduced or eliminated, freeing up controlled airspace and manned 

aircraft operating at low altitudes to collect similar data. When compared to ground collections, 

the sUAS collects data more quickly and efficiently than ground vehicles. Marek Management 

UAs can penetrate areas without disturbing the environment, while ground vehicles would either 

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be unable to reach these areas or dramatically alter the environment in order to collect similar 

data. 

By utilizing Marek Management sUASser'vices, the cost to obtain aerial data in remote settings 

is dramatically reduced when compared to the current manned. services providing similar data 

collections. A successful grant of exemption from sections 61.113 (a) and (b), 91.113 (b), 91.119 

(c), 91..121 (a), 91.151 (a) (1), 91.405 (a);91.409 (a) (1), 91.409 (a), 91.417 (a) and (a) from Title 

14 CFR, Part 91 and subpart H of Part 21 would' allow the· utilization of Marek Management 

sUAS services to safely operate in the mining, agriculture, and mineral exploration industries. 

The sUAS procedures outlined in Enclosures A and B demonstrate Marek Management's level 

of safety to be at least equal to or better than manned aircraft conducting similar operations. 

Marek Management is committed to a culture·of safety in all phases of sUAS operations. Safety 

is the highest priority and is addressed and emphasized throughout Marek Management operating 

manuals (Enclosures A and B) and training. Chapter 5 of Enclosure A provides the safety 

protocols utilized by Marek Management. Enclosure B·integrates safety procedures as a critical 

component of normal operating procedures, emergency procedures, and servicing. 

Marek Management sincerely thanks the FAA for consideration of this request for exemption as 

outlined by Section 333 of the FAA Modernization and Reform Act of2012. Should you need to 

contact me, lean be reached by e-mail at marekmanagement@gmail.com or by phone at (904) 

705-2698. 

Sincerely, 

President; Marek Management, LLC ' '• .··: 

Enclosures: · 

(A) Marek Management General Operations Manual 

(B) Marek Management Skyward 1 Operations Manual 

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