Marek Management, LLC 122 Euclid St., Pensacola, FL 32503 (904) 705-2698 • marekmanagement@gmail.com



### October 24, 2014

U.S. Department ofTransportation, Docket Operations, M-30 1200 New JerseyAvenue, 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 bythe Secretary ofTransportation authorityunder Section 333, Special Rules for Certain UnmannedAircraftSystems, 

### 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 byEnclosures 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 ofa 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): SECTION61.113 (A)

### AND (B) PRIVATEPILOTPRIVILEGESANDLIMITATIONS: PILOTIN COMMAND. (a) Except asprovided inparagraphs (b) through (h) of this section, noperson who holds a privatepilot certificate may act aspilot in command of an aircraft that is carryingpassengers or property for compensation or hire; nor may thatperson,for compensation or hire, act aspilot in command of an aircraft.



### 1 of7(b) Aprivatepilot may,for compensation or hire, act aspilot in command of an aircraft in connection with any business or employment if: (1) Theflight is only incidental to that business or employment; and (2) The aircraft does not carrypassenger.sor:ptopertyfor compensation or hire. Marek Management seeks exemption from thissection due to a commercialpilot license inabilityto advance the sUAS's Pilot in Command (PIC) to perform their duties safer. The PIC qualificationprocessset**f~rth** ih Enclosure A, Chapter2,provides the adequate training and FAA prerequisites required for a sUAS PICto operate safely inthe 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 exemptionby adhering tothe 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 Airspacebelow400 feet AGL, PIC Visual Line ofSight (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 emergencyprocedures are set forth in Enclosure B Chapters 2 and 3, respectively. 

### SECTION91.113 (B) RIGHT-OF-WAYRULES: EXCEPT WATER OPERATIONS. (b) General. When weather conditionspermit, regardless of whether an operation is conducted under instr11me11t flight ru}es or visualflight rules,, vigilance shall be maintained·by eachperson operating an aircraft so as to see and avoidotheraircrafi. When·a rule of this section gives another air,c;:raft the right-of-way, thepilotshallgive way to thataircraft andmay notpass over, under, or ahead of it unless well clear. Marek Management seeks exemption from this section due tuthe 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), MarekManagement 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 ofPIC 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.

2 of7SECTION91.119 (C) MINIMUMSAFEALTITUDES: GENERAL. Except when necessary for takeoff or landing, noperson may operate an aircraft below the following altitudes:

(c) Over other than congestedareas.·An. altitljtde:o.of500feet above the surface, except over open water or sparselypopulatedareas. In those cases, the aircraft may not be operated closer than 500 feet to anyperson; 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 emergencyprocedures are set forth i:h Enclosure B Chapters 2 andJ, respectively. SECTION9,1.121 (A) ALTIMETER SETTINGS
. . (a) Eachperson 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 I8,000feetMSL, to-- (i) The current reportedaltimeter setting of a station along the route andwithin I00 nautical miles of the aircraft; · (ii) 

## If there is nostation within the areaprescribed inparagraph (a)(I)(i) oftliis section, the current reported altimetersetting of an appropriate available station; or · (iii) In the case of an aircraft not equippedwitha radio, the elevation of the departure airport or an appropriate altimetersetting 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, MarekManagement seeks exemption by adhering to the GPS altitude requirements set forth inEnclosure A, Specific operatingprocedures and·emergencyprocedures are set forth in Enclosure B Chapters 2 and 3,,respective1y. SECTION91.151 (A) (1)FUELREQUIREMENTSFOR FLIGHTIN VFR CONDITIONS. (a) Noperson may begin a flight in an airplane under VFR conditions unless (considering wind and forecast weather conditions) there is enough fuel tofly to the firstpoint of intended landing and, assuming normal cruising speed- (I) During the day, tofly after that for at least 30 minutes[.}

3 of7Marek Management seeks exemption from this section due to the UA's use ofbatterypower 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 exemptionb)\ 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, batteryhealth monitoring, and minimum separation.requirements with manned objects. Specific normal operating procedures and emergencyprocedures are set forth in·Enclosure B Chapters 2 and 3, respectively. 

### SECTION91.405 (A) 

### MAINTENANCEREQUIRED. Each owner or operator of an aircraft- (a) Shall hay,e that aircraft inspectedasprescribed in subpartE of thispart andshall between requiredtnspections, except asprovided inparagraph·(c) of this section, have discrepancies repaired a,sprescribed inpart43 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 exemptionby adhering to the following: a maintenance**progr~m,** technician qualifications, maintenance records, and utilizingfunctional 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, ORALTERATION. (a) Noperson may operate any aircraft that has undergone maintenance,preventive maintenance, rebuilding, or alteration unless- (I) It has been approved for return to service by aperson 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 EnclosureA. 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.

4 of7SECTION91.409 (A) INSPECTIONS. (a) Except asprovided inparagraph (c) of this section, nopersonmay operate an aircraft unless, within thepreceding 12 calendar months, ithas had-- (1) An annual inspection in accordi:mce,withpart::43:ofthis chapter and has been approved for return to serviceby aperson**authorizedby)Sec~.**43.7 tJfthis chapter,' or

' '**~** ': /. ' ' (2) An inspection for the issuance of an airworthiness certificate in ·accordance withpart21 of this chapter. No inspectionperformedunderparagraph (b) ofthis section may be substituted for any inspection required by thisparagraph unless it isperformed by apersonauthorized to perform annual inspections and is enteredas 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 exemptionby 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. SECTION91.417 (A) AND (B) MAINTENANCERECORDS; (a) Except for work performed in accordancewith Sec. 91.41I andSec. 91.413,··each registered owner or operator shall keep thefollowing records for theperiods specifiedinparagraph (b) of this section: (1) Records ofthe maintenance,pteventive'tnaintenance, andalieration and records of the 100- hour, annual, progressive, andother requirea.br. approved inspections, as· approptidte,for each aircraft (including the airframe) andeach engine, propeller, rotor, andappliance of an aircraft. The records must include- , ' ·. , (i) A description (or reference to data acceptable to theAdministrator) of the work performed; and (ii) The date of completion of the work performed; and (iii) The signature, and certificate number of theperson approving the aircraft for return to service.· (2) Records containing the following information: · (i) The total time in service of the airframe,·each engine, eachpropeller, and each rotor. (ii) The currentstatus of life-limitedparts 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.

5 of7(iv) The current inspection status of the aircraft, includingthe time since the last inspection required by the inspectionprogram under which the aircraft and its appliances are maintained. (v) The currentstatus of applicable airworthiness directives (AD) andsafety directives including,for each, the method of compliance,

### .theAD.orsafety directive number and revision date. 

## If theAD orsafety directive involves. requ,rring action, the time and date when the next action is required. '-·· •• r,,.·;., ·: .;,,;; .. (vi) Copies of theformsprescribedbySec. ;43.9(d) of this chapter for eachmajor alteration to the airframe and currently installedeJ;?gines,**:rators~**propellers, andappliances. (b) The owner or operator shall retain the following records for theperiodsprescribed: (1) The records specified inparagraph (a)(1) of this section shall be retained until the work is repeated orsupersededby other work or for 1year after the work isperformed.· (2) The records specified inparagraph (a)(2) of this section shall be retained and transferred with the aircraft at the time the aircraft is sold. (3) A list of defectsfurnished 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. MarekManagement 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, MarekManagement seeks exemptionby 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 exemptionby 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 ofMarek Management sUAS seeks to provide production services to miners, fanners, and geologist that currently collect production data bymanned 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. Byutilizing 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. Byutilizing Marek Management sUASser'vices, the cost to obtain aerial data in remote settings is dramaticallyreducedwhencomparedto the currentmanned.services providing similar data collections. A successful grant ofexemption 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 ofPart 21 would'allow the·utilization ofMarek 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 ofsafety to be at least equal to orbetter than manned aircraft conducting similar operations. Marek Management is committed to a culture·ofsafetyin all phases ofsUAS operations. Safety is the highest priority and is addressed and emphasized throughout Marek Management operating manuals (Enclosures A and B) and training. Chapter 5 ofEnclosure A provides the safety protocols utilized byMarek Management. Enclosure B·integrates safetyprocedures as 

### a critical component ofnormal operatingprocedures, emergencyprocedures, and servicing. Marek Management sincerelythanks the FAA for consideration ofthis request for exemption as outlined by Section 333 ofthe FAA Modernization and Reform Act of2012. Should you need to contact me, leanbe reached by e-mail at marekmanagement@gmail.com orbyphone 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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