Patrick	J.	Marker

Circle	Path	Media,	LLC

Mailing:	PO	Box	39

Mount	Vernon,	WA,	98273

360-421-5849

patrickmarker@gmail.com

November	17,	2015

U.	S.	Department	of	Transportation

Docket	Management	System

1200	New	Jersey	Ave.

SE	Washington,	DC	20590

Petition	of	Circle	Path	Media,	LLC	for	Exemption

Pursuant	to	Section	333	of	the	FAA	Reform	Act

Pursuant	to	Section	333	of	the	FAA	Modernization	and	Reform	Act	of	2012	and	14	C.F.R.	

Part	11,	Circle	Path	Media,	LLC	(hereinafter	“CPMLLC”)	hereby	applies	for	an	exemption	

from	the	listed	Federal	Aviation	Regulations	to	allow	commercial	operation	of	its	Small	

Unmanned	Aircraft	Systems	(hereinafter	“UAS”),	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	

CPMLLC’s	small,	lightweight	(less	than	50	pounds)	unmanned	UAS	under	controlled	

conditions	in	airspace	that	is	1)	limited	2)	predetermined	and	3)	controlled.	

The	proposed	exemption,	if	granted,	would	allow	CPMLLC	to	conduct	commercial	

operations	while	meeting	or	exceeding	all	of	the	operational	and	safety	requirements	

Congress	has	set	forth	in	Section	333.	Page	2.	CPMLLC	asks	that	if	any	part	of	this	request	is	

deemed	not	in	compliance,	that	part	be	removed	and	process	the	remaining	of	this	request	

as	applicable.

CPMLLC	is	a	media/technology	company	owned	and	run	by	Patrick	J.	Marker	(hereinafter	

“Marker”).	Marker	has	been	active	in	radio-controlled aircraft	for	over	ten	(10)	years	with	

experience	in	fixed	wing	and	rotary	wing aircraft.	Marker has	extensive experience	and	

knowledge	of	the	unique	risks	and	problems	associated	with	low-level	rotorcraft	aviation.	

CPMLLC	plans	to	utilize	the	capabilities	of	its	UAS	to	offer	a	multitude	of	services,	including:

(1)	Aerial	Surveying	(primarily	ocean	shoreline	and	restoration	projects)

(2)	Event	Photography/Videography

(3)	Real	Estate	Photography

(4)	Construction	site	inspections	and	monitoring	

(5)	News	Gathering
Statutory	Authority	Section	333,	titled	“Special	Rules	for	Certain	Unmanned	Aircraft	

Systems”,	provides	a	mechanism	for	seeking	expedited	FAA	authorization	of	safe	civil	UAS	

operations	in	the	NAS.	Section	333(a)	states	that	the	FAA	“shall	determine	if	certain	

unmanned	aircraft	systems	may	operate	safely	in	the	national	airspace	system	before	

completion	of	the	(comprehensive)	plan	and	rulemaking	required	by	section	332(b)(1)	of	

this	Act	or	the	guidance	required	by	section	334	of	this	Act.”	In	Section	332(b)(1),	Congress	

made	it	clear	that	Section	333	provides	a	mechanism	for	“expedited	operation	

authorization”	if	several	factors	are	met.		CPMLLC	meets	all	requirements	to	permit	FAA	

approval	of	commercial	UAS	operations.

Regulations	from	which	the	exemption	is	requested:	

14	C.F.R.	Part	21

14	C.F.R.	45.23	(b)

14	C.F.R.	61.113(a)	and	(b)	14	C.F.R.	91.7	(a)

14	C.F.R.	91.9	(b)	(2)

14	C.F.R.	91.109

14	C.F.R.	91.119

14	C.F.R.	91.121Page	3

14	C.F.R.	91.151(a)

14	C.F.R.	91.203	(a)	&	(b)	14	C.F.R.	91.205	(b)

14	C.F.R.	91.215

14	C.F.R.	(91.401	-	91.417)

CPMLLC is	petitioning	for	exemption	to	enable	its	employee(s)	to	operate	its	DJI	Inspire	1,	

DJI	Phantom	2,	and	DJI	Phantom	3	UAS.	 Each	of	CPMLLC’s	UAS	has	a	failsafe	function	of	the	

autopilot	system	which	means	when	the	communication	between	the	Main	Controller	and	

the	transmitter	is	disconnected,	the	outputs	of	all	command	sticks	from	controller	will	go	to	

the	center	position.	If	the	GPS	signal	is	good	enough,	the	system	will	automatically	trigger	

Return	to	Home	and	will	land	safely.

A	pre-flight	inspection	is	and	will	continue	to	be	performed	by	CPMLLC in	accordance	with	

each	UAS’s	factory	instruction	manual.

All	UAS	are	and	will	continue	to	be	maintained	in	accordance	with	the	manufacturer’s	

instruction	manual.	Only	manufacturer's	authorized	replacement	parts	will	be	used.

FCC	Information

The	transmitters	used	for	controlling	the	UAS	comply	with	part	15	of	the	FCC	rules.	

Operation	is	subject	to	the	following	two	conditions:

(1)	This	device	may	not	cause	harmful	interference,	and	
(2)	this	device	must	accept	any	interference received,	including	interference	that	

may	cause	undesired	operation.

The	wireless	radio	transmitters	used	for	controlling	the	UAS	have	been	tested	and	found	to	

be	compliant	with	the	applicable	regulations	governing	radio	transmitters	in	the	2.400GHz	

to	2.4835GHz	frequency	range.

Pilot	in	Command	and	Observer	Qualifications	and	Duties

The	Pilot	in	Command	(hereinafter	“PIC”)	will	maintain	at	least	a	Sport	Pilot	Certificate	and	

a	current	Class	III	medical	certificate	or	driver’s	license,	plus	at	least	one	(1)	hour	of	flying	

time	with	a	minimum	of	three (3)	takeoffs	and	landings	within	the	previous	thirty	(30)

days	in	the	type	of	UAS	utilized	in	operations.

The	PIC	is	responsible	for	the	safe	and	efficient	operation	of	the	aircraft.	Specific	duties	

include	all	preflight	preparation,	in	flight	operation,	post	flight	requirements,	all	

procedures	including	but	not	limited	to:

(1)	Safe	In-Flight	Operation

(2)	Risk	Mitigation	to	Persons	and	Property

(3)	Environmental	Suitability

The	Observer	shall	have	the	visual	acuity	to	observe	the	UAV	and	be	able	to	communicate	

clearly	with	the	PIC.

The	Observers	duties	include:

(1)	Warning	the	PIC	of	any	impending	obstacles	in	the	flight	path	of	the	UAS.

(2)	Warning	the	PIC	of	any	deviations	in	the	planned	flight	path	of	the	UAS.

(3)	Warning	the	PIC	should	any	unauthorized	personnel	or	obstacles	appear.	

The	Observer	will	have	the	authority	to	order	the	PIC	to	terminate	the	flight	should	they

feel	the	flight	can not	be	conducted	safely.

General	Operating	Standards

General	Operating	Standards	shall	include:

(1)	CPMLLC	will	only	operate	its	UAS	in	line	of	sight	of	a	PIC	and/or	Observer	and	

will	operate	at	sites	that	are	a	sufficient	distance	from	hazard	areas.	Such	operations	

will	insure	that	the	UAS	will	not	create	a	hazard	to	users	of	the	national	airspace	

system	or	the	public.

(2)	The	UAS	will	not	be	operated	at	an	altitude	of	over	400	feet	AGL.	
(3)	Prior	to	the	UAS	being	operated	within	5	miles	of	an	airport	with	a	control	

tower,	the	control	tower	will	be	called	to	gain	permission	to	operate	the	UAS.	The	

PIC	will	give	the	position,	altitude	and	the	times	the	UAS	will	be	operated.	

(4)	Prior	to	the	UAS	being	operated	within	5	miles	of	an	airport	without	a	control	

tower,	airport	operators	will	be	notified	and	the	PIC	will	give	the	right	of	way	to	

avoid	flying	in	the	proximity	of	full-scale	aircraft.	

(5)	At	no	time	will	the	UAS	be	operated	within	the	final	approach	course	and	the	

takeoff	course	of	any	runway.	

(6)	Minimum	crew	for	each	UAS	flight	will	consist	of	the	PIC	and	Observer.

(7)	No	UAS	systems	shall	weigh	more	than	55	pounds,	including	any/all	payload.

(8)	PIC and	Observer	shall	adhere	to	the	Reform	Act's	safety	requirements.

(9)	the	PIC	will	maintain	a	separation	distance	of	at	least 5	cm	between	his	body	

(excluding	fingers,	hands,	wrists,	ankles	and	feet)	and	the	antenna	to	meet	RF

exposure	safety	requirements	as	determined	by	FCC	regulations.

EXEMPTION	REQUESTS	AND	EQUIVALENT	LEVEL	OF	SAFETY

CPMLLC	requests	an	exemption	from	the	following	regulations	as	well	as	any	additional	

regulations	that	may	technically	apply	to	the	operation	of	the	UAS	System:

14	CFR	Part	21,	Airworthiness	Certificates

While	the	FAA	continues	to	work	to	develop	airworthiness	standards	for	Unmanned	Aerial	

Systems,	we	request	an	experimental	certificate	be	issued	under	either	or both	of	the	

following	provisions	of	21.191	Experimental	Certificates.

Experimental	certificates	are	issued	for	the	following	purposes:	

(a)	Research	and	development.	Testing	new	aircraft	design	concepts,	new	aircraft	

equipment,	new	aircraft	installations,	new	aircraft	operating	techniques,	or	new	

uses	for	aircraft.

(b)	Showing	compliance	with	regulations.	Conducting	flight	tests	and	other	

operations	to show	compliance	with	the	airworthiness	regulations	including	flights	

to	show	compliance	for	issuance	of	type	and	supplemental	type	certificates,	flights	

to	substantiate	major	design changes,	and	flights	to	show	compliance	with	the	

function	and	reliability	requirements	of	the	regulations.	Since	the	experimental	

certificate	can	be	used	for	commercial	purposes	such	as	market	surveys,	sales	

demonstrations,	and	customer	crew	training,	we	would	expect	that	an	experimental	

certificate	would	permit	our	commercial	purpose	as	well.	The	aircraft	will	not	carry	
persons	or	property,	will	not	carry	fuel,	and	will	only	fly	under	strict	operational	

requirements.	Combined	with	the	UAS's	light	weight,	being	constructed	primarily	of	

carbon	fiber	and	plastic,	we	propose	that	the	UAS	will	be	at	least	as	safe,	if	not	safer,	

than	a	conventionally	certificated aircraft	performing	the	same	mission.	If	an	

experimental	airworthiness	certificate	is	not	appropriate	for	this	application,	then	

we	request	an	exemption	of	14	CFR	Part	21,	Subpart	H, and	the	requirement	for	an	

airworthiness	certificate	in	general,	citing	the	equivalent	level	of	safety	outlined	in	

the	previous	paragraph.

14	CFR	45.23	Display	of	marks;	general	and	45.29	Size	of	marks.

These	regulations	provide	that	each	aircraft	must	display	"N"	and	the	aircraft's	registration	

number	in	letters	at	least	3	inches	high.	Additionally,	the	aircraft	must	display	the	word	

"EXPERIMENTAL"	in	letters	at	least	2	inches	high	near	the	entrance	to	the	cabin,	cockpit,	or	

pilot	station.	The	UAS	does	not	have	an	entrance	in	which	the	word	"EXPERIMENTAL"	can	

be	placed,	and	may	not	have	a	registration	number	assigned	to	it	by	the	FAA.	We	propose	

to	achieve	an	equivalent	level	of	safety	by	marking	the	word	"EXPERIMENTAL"	on	the	top	

of	the	aircraft	where	the	PIC	and	Observer and	others	in	the	vicinity	of	the	aircraft	while	it	

is	preparing	for	launch	will	be	able	to	see	the	designation.		In	addition,	when	applicable,	the	

PIC	shall	display	at	the	ground	station	a	high	contrast	flag,	sign	or	banner	that	contains	the	

words	"Unmanned	Aircraft	in	Use"	in	letters	three	(3)	inches	high	or	greater.	Since	the	

aircraft	will	operate	within	Line	of	Sight	of	the	ground	station,	the	banner	should	be	visible	

to	anyone	that	observes	the	aircraft	and	chooses	to	investigate	its	point	of	origin.

14	CFR	61.113	Private	pilot	privileges	and	limitations:	Pilot	in	Command	and	

14	CFR	61.133	 Commercial	pilot	privileges	and	limitations.

The	regulation	provides	that	no	person	that	holds	a	Private	Pilot	certificate	may	act	as	PIC	

of	an	aircraft	for	compensation	or	hire.	Subparagraph	(b)	allows	a	private	pilot	to	act	as	PIC	

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	passengers	

or	property	for	compensation	or	hire.	CPMLLC’s	PIC	must	hold	at	least	a	Sport	Pilot	

Certificate	with	a	Drivers	License	and	since	the	aircraft	cannot	carry	passengers	or	

property,	we	feel	we	meet	the	intent	of	61.113	Subparagraph	(b)	even	though	the	intent	of	

this	application	is	to	conduct	a	business.

14	CFR	91.7	Prohibits	the	Operation	of	an	aircraft	without	an	airworthiness	

certificate.	

No	such	certificate	will	be	applicable	in	the	form	contemplated.

14	CFR	91.9	Civil	aircraft	flight	manual,	marking,	and	placard	requirements.

This	regulation	provides	that	no	person	may	operate	an	aircraft	unless	a	current,	approved	

flight	manual	is	in	the	aircraft.	We	assume	that	the	intent	of	this	requirement	is	to	ensure	

that	flight	manual	information	is	available	to	the	air crew	while	operating	the	aircraft.	We	
request	an	exemption	to	this	requirement	since	the	aircraft	is	not	only	too	small	to	carry	

documentation,	the	documentation	would	not	be	available	to	the	crew	during	flight	

operations.	To	obtain	an	equivalent	level	of	safety	and	meet	the	intent	of	91.9,	we	propose	

that	a	current,	approved	UAS	Flight	Manual	be	available	to	the	crew	at	the	ground	station	

anytime	the	UAS	is	in,	or	preparing	for,	flight.

14	CFR	91.109	Flight	Instruction;	Simulated	instrument	flight	and	certain	flight	tests

The	regulation	states	that	"No	person	may	operate	a	civil	aircraft	that	is	being	used	for	

flight	instruction	unless	that	aircraft	has	fully	functioning	dual	controls."	Any	training	will	

be	conducted	in	an	area	suitable	for	UAS	flight	and	the	PIC	trainer	will	be	at	all	times	be	

able	assume	control	of	the	UAS.

14	CFR	91.119	Minimum	Safe	Altitudes:	General

The	regulation	states	that	over	sparsely	populated	areas	the	aircraft	cannot	be	operated

closer	than	500	feet	to	any	person,	vessel,	vehicle,	or	structure.	Since	the	typical	mission	of	

the	UAS	would	be	photography	or	survey	of	persons,	vessels,	vehicles	or	structures	it	

would	be	necessary	to	operate	closer	than	500	feet	to	the	items	listed.	Operations	will	only	

be	flown	over	property	or	persons	where	permission	has	been	obtained	and	careful	preplanned	flight	path	has	been	performed.	The	aircraft	will	be	operated	at	a	low	altitude	

allowing,	if	a	power	unit	fails,	an	emergency	landing	without	undue	hazard	to	persons	or	

property	on	the	surface.	Therefore	we	maintain	that	due	to	the	small	size	of	the	UAS,	the	

hazard	to	persons,	vehicles	and	structures	is	minimal	compared	to	manned	aircraft,	which	

should	be	considered	in	granting	the	exemption.

14	CFR	91.121	Altimeter	Settings

The	regulation	requires	that	aircraft	shall	maintain	cruising	altitudes	by	reference	to	an	

altimeter setting	available	within	100	NM	of	the	aircraft.	CPMLLC’s UAS shall	not	fly	at	or	

above	400	feet	AGL	and	the	PIC	and	Observer	shall	maintain	a	cruising	altitude	and	fly	path	

which	prevent	conflict	with	other	aircraft	or	obstacles.	

14	CFR	91.151	Fuel	requirements	for	flight	in	VFR	conditions

The	regulation	provides	that	no	person	may	begin	a	flight	in	an	airplane	under	day-VFR	

conditions	unless	there	is	enough	fuel	to	fly	to	the	first	point	of	intended	landing	and	to	fly	

after	that	for	at	least	30	minutes.	We	feel	the	intention	of	this	paragraph	is	to	provide	an	

energy	reserve	as	a	safety	buffer	for	delays	to	landing.	The	UAS	is	battery	operated	and	the	

maximum	duration	of	flight	from	a	single	battery	charge	is	20	minutes	with	a	25%	reserve.	

Since	the	aircraft	will	never	fly	more	than	line	of	sight	from	the	point	of	intended	landing,	a	

full	battery	charge	at	launch	will	ensure	that	we	meet	the	reserve	energy	requirement	of	

this	paragraph.	We	request	an	exemption	to	the	word	"fuel"	and	ask	for	an	equivalent	

interpretation	with	the	word	"energy."

14	CFR	91.203(a)	&	(b)	Civil	aircraft:	Certifications	required
The	regulation	provides	that	an	airworthiness	certificate,	with	the	registration	number	

assigned	to	the	aircraft	and	a	registration	certificate	must	be	aboard	the	aircraft.	

Additionally,	subparagraph	(b)	provides	that	the	airworthiness	certificate	be	"displayed	at	

the	cabin	or	cockpit	entrance	so	that	it	is	legible	to	passengers	or	crew."	CPMLLC’s	UAS are

too	small	to	carry	documentation,	do	not	have	an	entrance,	and	are	not	capable	of	carrying	

passengers	or	crew.	To	obtain	an	equivalent	level	of	safety	and	meet	the	intent	of	91.203,	

we	propose	that	documents	deemed	appropriate	for	this	aircraft	by	the	FAA	will	be	with	

the	crew	at	the	ground	control	station	and	available	for	inspection	upon	request.

14	CFR	91.205(a),	(b),	(c)	Instrument	and	Equipment	Requirements

This	regulation	provides	a	minimum	set	of	instruments	and	equipment	required	for	day	

and	night	VFR	flight.	Due	to	the	small	size	of	the	UAS	it	would	be	impossible	to	carry	many	

of	these	instruments.	

Of	note:

91.205(b)	1	is	not	applicable	as	the	maximum	available	speed	of	the	UAS	is	less	than	

the	maximum	required	by	this	exemption	and	has	no	effect	on	performance.	

91.205	(b)	2,3,9	are	provided	on	the	hand	held	controller.	

91.205	(b)	4,5,6,7,8,13,14,16,17	are	not	applicable	as	the	UAS	has	no	reciprocating	

engines	or	seats.	

91.205	(b)	10	is	not	applicable	as	the	landing	gear	position	can	be	verified	visually	

before	landing.	

91.205	(b)	15	Due	to	the	size	it	would	be	impossible	for	the	UAS	to	carry	any	known	

ELT.	

91.205	(c)	Much	of	this	equipment	is	too	heavy	to	be	carried	by	the	UAS.	We	feel	

that	visual	contact	with	the	UAS and	indications	provided	via	the	controller	that	all	

critical	information	can	be	monitored.

14	CFR	Subpart	E	(91.401-	91.417)-	Maintenance,	Preventive	Maintenance,	

Alterations

The	regulation	provides	that	the	operator	is	primarily	responsible	for	maintaining	the	

aircraft	in	an	airworthy	condition,	including	compliance	with	part	39	and	43.	Paragraphs	

91.407	and	91.409 require	that	the	aircraft	be	"approved	for	return	to	service	by	a	person	

authorized	under	43.7"	after	maintenance	and	inspection.	It	is	our	intention	that	the	PIC	

perform	maintenance	and	inspection	of	the	aircraft	and	"be	authorized	to	approve	the	

aircraft	for	return	to	service."	
The	PIC	will	ensure	that	the	aircraft	is	in	an	airworthy	condition	prior	to	every	flight	and	in	

addition	conduct	detailed	inspections	after	every	two	hours	of	flight.	Maintenance	

performed	by	the	PIC	is	limited	to	repairing	small	cracks,	replacing	a	propeller,	checking	

electrical	connections	and	updating	software	and	firmware	for	the	on-board	computer.	All	

other	maintenance	will	be	performed	by	the	manufacturer	or	by	a	designated	repair	

facility.	We	feel	that	due	to	the	size,	construction,	and	simplicity	of	the	aircraft,	the	PIC	can	

ensure	an	equivalent	level	of	safety.

Safety	and	Benefits	of	the	UAS

CPMLLC	will	be	using	the	UAS	in	a	variety	of	applications	that	generally	require	expensive	

full-size	manned	aircraft	to	complete.	Small,	light,	unmanned	aerial	vehicles	offer	myriad	

benefits	over	the	use	of	full-sized	manned	aircraft.	

Replacing	significantly	larger	manned	aircraft	carrying	crew	and	flammable	fuel	with	small	

UAS	carrying	no	passengers	or	crew	creates	a	much	greater	margin	of	safety	for	the	pilots	

and	crew.	By	granting	CPMLLC‘s	requested	exemptions,	the	FAA	will	help	drive	

development	of	safe	and	successful	commercial	UAS	operations	and	will	advance	the	public	

knowledge	base	for	such	operations.	CPMLLC is	committed	to	promoting	the	UAS	research	

efforts	of	policymakers	including	the	FAA,	NASA,	DOD	and	DARPA	by	sharing	data	from	its	

commercial	UAS	operations	and	serving	as	a	resource	for	future	UAS	research	operations.	

Conclusion

As	pointed	out	in	this	application,	CPMLLC’s UAS	are	small,	light-weight	devices	operated	

within	the	line	of	sight	of	the	Pilot-in-Command	(PIC),	at	an	altitude	of	less	than	400	feet	

above	the	ground	and	outside	5	miles	from	any	airport,	heliport,	seaplane	base,	spaceport,	

or	other	location	with	aviation	activities,	unless	the	air	traffic	control	authorities	(ATC)	

have	been	notified	and	have	authorized	each	flight	within	a	radius	of	this	distance.

CPMLLC’s UAS have	proven	capability	for	controlled	flight.	They	are	devices	offered	for	

general	sale	on	the	market	around	the	world	and	have	often	been	used	as	Model	Aircraft	in	

the	USA.	We	are	certain	that	the	studies	conducted	by	the	FAA have	already	provided	it	

with	the	assurances	on	the	airworthiness	of	UAS	such	as	ours.

For	the	foregoing	reasons,	the	exemptions	requested	herein	should	be	granted	CPMLLC

should	be	permitted	to	conduct	small	UAS	operations	in	accordance	with	its	manuals	and	

all	other	operating	parameters	deemed	necessary	and	appropriate	by	the	FAA.	The	

submission	of	this	application	and	its	contents	is	the	best	demonstration	that	indeed	it	is	

possible	to	pursue	the	authorization	process	so	that	some	UAS	may	be	used	for	legitimate	

commercial	activities	and	under	reasonably	safe	conditions.	If	any	individual	aspect	of	this	

request	for	exemption	be	unacceptable	we	ask	that	it	be	struck	alone	and	the	remainder	of	

the	exemption	be	allowed	as	requested.

Patrick	J	Marker

Circle	Path	Media,	LLC